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
clearly how annoying a responsibility grows out of such a state of
affairs, and it is highly desirable that the authorities no longer be
conscious of doing injustice in their duties on account of rules which
cannot properly be put into practice.
As for the often much-commended so-called “application system,” it
would by no means really answer the purpose; even without considering
the theoretical objections which might be raised against it. Its
practical results have been far from giving satisfaction wherever it
has been adopted. The complaints of the abuses and impediments industry
suffers under, and which are brought about through the overwhelming
mass of Patents, for the most part taken out with a view to swindling
speculation, the unpleasant experience acquired by those who take all
legal means so as subsequently to contest and defend Patents granted
without previous inquiry being made, have led to a reaction of public
opinion in favour of abolishing the system.
The unsatisfactory and quite abnormal state of all matters connected with
Patents in England and France had, years ago, claimed the most earnest
attention of the legislators, and led to practical deliberations on the
necessity and the means of effective improvements. The French Government
introduced a Bill in 1858, to the effect that the hearing of objections
to Patents applied for might, as much as possible, take place previous
to the same being granted. A similar system which is in force in England
has, however, proved inadequate in that country, and the commission
which, in 1863, made a detailed statement as to the merits of the
existing Patent-Law, recommended the adoption of official inquiry.
Under the circumstances, it can hardly be the question at all, for the
North German Confederation, to admit of the mere “application system.”
Nor can the imposition of high taxes [on patentees?] (not taking
into account their inconsistency with the real object of Patents) be
considered a sufficient corrective of the system, after the experience
acquired in England on this head.
Both the inquiry and application systems having proved defective, the
conclusion is arrived at, that the difficulties cannot be overcome
by means of altering certain details in the institution, but rather
arise out of constitutional infirmities of the institution itself. The
Patent system makes such distinctions necessary as are now practically
inadmissible, and the impracticability of which is by no means removed
through merely transferring the evil from one side to the other. It
must be granted that if artificial contrivances be at all required to
adequately remunerate an inventor for the services rendered to society,
they cannot be hit upon in this direction without hurting all important
interests.
Public-domain text, read in full here on John Shaqi.
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