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 — John Shaqi
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
Let me first quote from Brande’s Dictionary the opening definition that
shows how naturally, and as it seems, unconsciously, writers speak of
“processes,” as the great or only subject-matter:—
“The word Patent is commonly used to denote a privilege
accorded to an inventor for the sole use of some process by
which an object in demand may be supplied to the public; or
some product already familiar to the public may be made more
easily and efficiently.”
So the commencement of a Paper on Patents, in the last volume of the
Proceedings of the Association for the Promotion of Social Science—in the
following words, “The point asserted in the following paper is, that in a
grant of Letters Patent, the subject of the grant is a ‘process,’ and not
‘product’”—shows as decisively the complete change that has taken place,
and, let us not forget it, without consent of Parliament, who indeed have
never been consulted. The alteration of the practice, which is nothing
less than a new law—a law diametrically opposed to the spirit of the
statute—is the work of the courts of judicature. Better principles might
have been expected to prevail, for how just is the following reflection,
taken from the most important “Treatise on the Law of Patents:”—
“Every member of the community receives many benefits from the
society in which he lives, and he is therefore bound, by every
means in his power, to advance its interests. And it seems
to be but reasonable that he should be expected to promote
the public weal by putting the community in possession of any
discovery he makes which may be for the public good.”
Public-domain text, read in full here on John Shaqi.
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