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 observations I have been making are founded on the words of the
statute. It is possible, and perhaps I may say probable, that outside
of the statute there was an influence drawing in an opposite direction,
which found expression in the Letters Patent. If these were scrutinised,
it is not unlikely even the earliest would be found not to contain
the strict conditions and limitations which are laid down in the Act.
An incidental proof of this tendency I notice in one Patent which has
met my eye, where, though the duration of the Patent in England was
confined within the permitted period of fourteen years, the duration
in Ireland, which was not subject to the limitation, was in same grant
made so long as between thirty and forty years. I do not find, in the
excellent Chronological Index issued by Mr. Woodcraft on behalf of the
Patent-office, anything at all to indicate that desire to favour trade
was the motive for granting Patents even after the statute was passed.
On the contrary, a money consideration seems to have been customary.
The Crown stipulated for yearly payments of various amount, some of
these being fixed sums, others a tenth, or three-tenths, or a quarter,
or a half, of the clear benefit. In one case 4d. per bushel of salt was
claimed. In another case 6d. per 100lbs. of bones was stipulated for. In
another I find 5s. per ton of metal stipulated. All this is suggestive,
but not less the condition, introduced occasionally, that the articles
manufactured should be sold at moderate rates. The moderate rates appear
to have been sometimes defined, _e.g._, 100 seals of a new kind were to
be sold for 1d. Similar and more stringent care was taken when Copyright
first became the subject of systematic legislation, to prevent the
monopoly from making books dear. All such precautions have, in our modern
unwisdom, disappeared. Grotius requires under monopoly a restriction on
price.
One thing, I presume, may be regarded as certain, that neither in the Act
nor in the Letters is there any vestige of the modern political heresy
that an invention may be legislated for as in any sense property. Even
the high-sounding phrase, “the rights of inventors,” appears a recent
introduction.
It is not forty years since the greatest number of persons allowed to
participate in a Patent was five. This limitation was a lingering remain
of the traditional character of Patents, as monopolies which ought not to
be provided with facilities for extension but rather be confined within
the narrowest bounds.
Public-domain text, read in full here on John Shaqi.
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