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
That the final step of repealing Patents altogether should not yet have
been taken anywhere, in spite of the leading theoretical and practical
authorities having urged it, may be easily explained by the fact that we
have to deal with an institution which very long ago has taken root in
the usage of the industrial nations, and to which tradition ascribes most
of the immense progress industry has taken during its existence. To this
may be added the apprehension lest the country which would take the lead
in the matter might find itself at a disadvantage with the remainder.
Generally speaking, the anticipation of a profitable use to be made of an
invention for one’s exclusive benefit is, no doubt, a powerful incitement
for the inventive genius, and equally is it admitted that to temporary
Patent-right we owe the successive improvements on many a useful
invention.
Experience has, however, taught that in most instances Patents do not
fulfil their mission; that on the whole they have not proved an actual
benefit, either to the proprietor or the public; that the profits have
gone just as often into the pockets of strangers as into those of the
able inventor. When chiefly ascribing the progress made by industry
through technical improvements in many of the countries where extensive
regulations of Patent-right are provided, to the incitement consequent
upon the protection afforded by Patents, the fact is overlooked that
the great inventions made in old times, as well as the scientific
discoveries which in the modern era paved the way for industry, have
perfectly done without any such incitements. Against the stimulating
influence of monopoly upon individuals, we must, however, in a period
so extremely favourable to industrial progress, not underrate the very
important point, that it also checks the quick and fertile development
of a new thought, which, when totally free, might be expected to spring
up in a higher degree from the competing labours of all. Of course, it
is impossible to say whether in England, Belgium, France, and the United
States, industry, if supported by other favourable stipulations, might
not have taken an equal development without the protection of Patents;
but we have at all events an illustration of this being the fact in
Switzerland, where the absence of Patents has not at all been found
prejudicial to the public at large. The records of the latter country
may dispel all apprehension lest the abolition of Patents should place
national industry on an unequal and disadvantageous footing with foreign.
If Germany be foremost in the indicated direction, we must, it is true,
be alive to the very likely occurrence of her standing, at least for
some time to come, isolated on her platform. A favourable result of the
movement in either England or France can hardly be looked for at a very
early date, considering the state of public opinion prevailing in those
countries, as well as the large individual interests at stake, owing to
Public-domain text, read in full here on John Shaqi.
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