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
containing a commentary on the law, which I have not read completely
through. It contains 300 pages, but I have run through it, and it
appears to me that the so-called commentary is in very many respects
a criticism on the law, and affords a proof that it by no means works
so extremely well. Last of all, Germany: M. Heemskerk spoke yesterday
of the unanimity of the Germans on the subject of maintaining Patents.
I should not like to admit that unanimity so unreservedly; there are
facts, at least, opposed to that assertion. This fact, for example, which
we have extracted from an article in the _Nieuwe Groninger Courant_,
just sent to us, a proposal for the abolition of Patents made to the
North German Bund; and if this is carried out, no more Patents will be
granted in a great portion of Germany. Another fact: so far back as 1864
the Prussian Government asked the opinion of the Chambers of Commerce
on the question whether or not Patents should be maintained, and of
the 47 there were 31 for the abolition and 16 against it. I scarcely
venture to speak of the economists, otherwise I would appeal to the
German Economic Congress of 1863, which pronounced Patents injurious to
the national welfare. But there is one argument which has more weight
with me than any other. I am thoroughly persuaded that a good law on
Patents is an impossibility. It is, indeed, matter of regret that the
hon. member for Gorinchem, when he was in the Ministry, did not try to
present a good law to the Legislature. He was the right man for it. He
will, however, do me the justice to believe that, when I say this, I do
not mean to censure him; what I do mean is to express my regret. He is
open to no censure, for during the time he held office he attended so
assiduously to his duties that even his most violent political opponents
were compelled to do him honour. But yet it is to be regretted that when
he was Minister he did not propose an amendment of the law of 1817. We
should then have seen whether it was possible or not to have a good
efficient law on Patents. For my part, I have arrived at the conclusion
that it is an impossibility. This is the impression made when one goes
over foreign laws on Patents. There is not a single good one among
them, nor one which does not give rise to difficulties which hitherto
have been found to be insurmountable. But there is a further objection.
According to my notions, there is a formidable stumbling-block which is
directly encountered when one sets to work to frame a law on Patents.
The question at once presents itself, must it not be proved that the
person who demands the privilege has a right to it? When has the claimant
that right? When it is proved that his invention has for its object a
new industrial product, or a new operation, or a new application of an
operation already known, to obtain an industrial result or an industrial
product. The words which I here employ are taken from Art. 2 of the
Public-domain text, read in full here on John Shaqi.
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