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
M. VAN HOUTEN observes, that M. Heemskerk has given the epithets of
“reactionary” and “ruinous” to the measure proposed by Government. By
opposing the project, that deputy did _his_ duty, but at the same time
it more than ever becomes the duty of those who strenuously support it
openly to express their convictions, and to show that they know what
they are about. His opinion is that M. Heemskerk’s arguments have been
tested, and did not stand the test. M. de Bruyn Kops having refrained
from arguing on the ground of theoretical considerations, he (M. Van
Houten) will say a few words in that direction. The main question is
this: Is prohibiting the imitation of an invention lawful, and shall it
or shall it not be upheld? Those who want to let things remain as they
are talk of rights acquired; but on what are these so-called rights
based? Certainly on no very solid basis; for, if a right it be, why is
only a temporary protection granted? A right is permanent, and cannot
be taken away but through expropriation for the common weal, and even
then in consideration of an indemnity only. M. Heemskerk argues two
points: 1st, The inventor has a claim of priority, as the first who
takes possession. 2nd, The imitator enriches himself at the expense of
the inventor. But, says the hon. member, M. Heemskerk loses sight of the
fact that first occupation can only take place of “corporeal” effects;
not of an invention which may be made, and is often being made, by others
at the same time. Besides, he contends that it is not the imitators, but
the public, who enrich themselves and benefit by the invention. He is
of opinion that the Patent system remunerates where no labour has been
expended; whilst claiming Patents has become an industry prejudicial
to the general public. It has been urged to frame a “good” Patent-Law;
but that the hon. member holds to be impossible. Whatever might be its
provisions, monopoly must needs be created by it. And if this is such an
easy matter, why did M. Heemskerk not introduce a bill for a new law? It
is alleged that if everybody is allowed to imitate, the inventor works
for nothing. But how is it with so many gratuitous appointments? Is
that a question of right? Certainly not. As M. Heemskerk, in his speech,
invoked Providence, he should like to know whether it can be supposed
that Providence intends enriching an individual or society at large? On
that ground, we may safely set the public’s right against the inventor’s.
Hereupon the hon. member considers the question from an economical point
of view. In the first place, Patents are useless for such objects as
baffle imitation—like the Krupp guns, for instance; and then objects
emanating from the inventor direct are, as a rule, preferred. As for
petty inventions, he would say that, it being the normal course of social
development that every branch of industry should steadily progress, so
it is the case with them. On that field, everybody is more or less of
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