Recent discussions on the abolition of patents for inventions in the United Kingdom, France, Germany, and the Netherlands : $b Evidence, speeches, and papers in its favour
General
Recent discussions on the abolition of patents for inventions in the United Kingdom, France, Germany, and the Netherlands : $b Evidence, speeches, and papers in its favour
Patents
To an argument which has repeatedly been urged—_i.e._, that the granting
a temporary exclusive right is indispensable (so as to secure for the
meritorious inventor a reward adequate to the mental labour and money
expended, as well as risk incurred, in order that there be no lack of
encouragement to the inventive genius)—the objection may be raised
that the remarkably developed system of communication and conveyance
now-a-days, which has opened a wide field to real merit, and enables
industrial men promptly to reap all benefit of production by means of
enlarged outlets for their articles, will, generally speaking, bring
those who know how to avail themselves before others of useful inventions
to such an extent ahead of their competitors, that, even where no
permanent privilege is longer admissible, they will make sure of a
temporary extra profit, in proportion to the service rendered to the
public.
It is, in fact, in the peculiar advantage produced by the early
bringing into operation of a fresh suggestion of their minds, that the
remuneration of those lies, who, through cleverness and steadiness of
purpose, succeed in satisfying existing wants in a manner less expensive
and superior to what previously was the case, and notwithstanding do not
obtain any monopoly. Not of less account are the practical impediments
which stand in the way of every effort to bring about an improvement of
the Patent-Law.
It is generally admitted by the promoters of Patent-right, that the
system of inquiry or examination, as it is now working in Prussia, cannot
possibly remain in its present condition, and the experienced officers
appointed to decide upon Patent matters and make the necessary inquiries,
unanimously confirm that opinion. Though provided with relatively
excellent means of ascertaining, the Prussian Technical Committee for
Industry had to acknowledge as early as 1853 (_Vide_ Prussian Trade
Archives of 1854, Vol. ii., page 173, ff.) that the question whether
an invention submitted for being patented might not perchance already
have been made or brought into operation elsewhere, was almost an
unsolvable one. Since then, inventions have augmented yearly in steadily
increasing proportion. The main difficulty, however, not only rests
in the impossibility of mastering the matter submitted, but equally
so with the upholding of firm principles relating to the criterion of
originality. If the inquiry do not altogether deviate from its primitive
object by patenting any and every innovation in construction, form,
or execution, which is presented, we fall into such uncertainty when
sifting actual inventions from the mass of things which are not to be
considered as undeniable improvements—owing to the continually increasing
and diversified combinations of generally known elements or material and
altered constructions or modes of application—that it is hardly possible
not to be occasionally chargeable with injustice. Every day shows more
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account