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
The anticipation that the abolition of Patents might cause the results of
new inventions to be lost to the nation through the respective inventors
turning themselves towards the protection-affording countries, is not
confirmed by the experience acquired on this head in Switzerland. The
industrial who has invented a new process will, in most instances, be
influenced by other motives to bring the same into operation where
he has his factory and his already acquired customers. Nor can much
importance be attached to the apprehension that, should the Patent-Law
be repealed, inventors might show more disposition towards keeping new
inventions secret from the public; for, even assuming the abolition to
be an incitement to keeping inventions secret, yet it cannot be admitted
that any prejudicial change from the present state of things would take
place. Even now, under the rule of the Patent-Law, it is a recognised
fact, that to such methods of fabrication and resources as admit of being
kept secret, the very secrecy affords ampler protection than the Patent
itself. By thus drawing the conclusion that those inventions which might
eventually be kept secret are so at the present time as well, no actual
prejudice will be caused by one measure being in force rather than the
other.
The Royal Prussian Government, therefore, thinks that by completely
abolishing the Patent system within the limits of the Confederation (a
resolution recommended by economical theory, and which public opinion
has been sufficiently prepared for), instead of making any further and
necessarily unsuccessful attempts at reform, the circumstance of the
Confederation preceding other important industrial nations cannot be
considered an actual impediment, although it would be far preferable that
the South-German States should join in the measure, so as to extend the
innovation to all countries comprised in the Zollverein.
The undersigned is of opinion that previous to further inquiring into
the particulars of the Patent-Law, the North German Confederation
ought first of all to decide whether henceforth any protection by means
of Patents should be afforded at all within the boundaries of the
Confederation. Assuming this, and also considering that the Confederation
shall have to take a decision as to the attempts at reform, the
undersigned moves: “That the Federal Parliament appoint the Committee on
trade and intercourse, to deliberate on the question proposed, and report
on the same.
(Signed)
“VON BISMARCK.”
[7] This mighty difference from our British practice is in harmony with
what I have shown is the scope of the original English Act, and with our
common law.—R. A. M.
PROPOSITION FOR THE ABOLITION OF PATENTS IN HOLLAND.
Public-domain text, read in full here on John Shaqi.
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