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
French Law, which, in my opinion, exactly express the object of the law.
I now ask, if a Government is in a position, in this sense, to examine
the claim of an applicant for a Patent? I shall endeavour to prove that a
Government is not in such a position, and I cannot do better than quote
the words of the author of the report on the French Law of 1844, the
celebrated Philippe Dupin. We know that the French Law does not undertake
the preliminary investigation; and, therefore, as we have been already
reminded by M. de Bruyn Kops, when an announcement is made of articles
for which a Patent is granted in France, the letters S. G. D. G. (_sans
garantie du Gouvernement_) are generally added. Now, hear what Philippe
Dupin says in justification of that principle of French Law, and to
prove the impossibility of a preliminary examination on the part of the
Government: “The preliminary examination would be the establishment of
a censorship in matters of industry. And how could this censorship be
carried out? How, for example, are we to decide that an industrial fact
is new, and that it has not been produced in the course of manufacture
or in the retreat of an obscure and industrious workman? How are we to
foresee and judge the amount of utility in a discovery just made, before
it has been developed, before it has been put to the proof? Who will take
part in this debate? Who will represent the parties interested? Where are
the judges to come from? Who will exercise this jurisdiction by guesswork
in the regions of thought and futurity? Shall it be a clerk turned
into a judge of what he does not understand? Shall we take a practical
man, who is often only a man of routine, to judge a man of theory and
inspiration? Shall we invite philosophers? But if they are philosophers,
they are not to be supposed to know everything, and they have their
preferences, their prejudices, their own sets; and the applicant,
perhaps, contradicts their doctrines, their works, their ideas. These
are incontestable impossibilities. It has been said, with as much wit
as reason, in such matters the only suitable proceeding is experience,
the only competent judge the public.” So much for experience. But, Mr.
President, if a Government is not in a position to decide whether the
claimant of a Patent has a right to it, can it be sanctioned in granting
a privilege blindfold which establishes a temporary monopoly? According
to my view, this is a formidable, almost insurmountable, stumbling-block,
which, in my deliberate opinion, will always stand in the way of a good
and efficient Law of Patents. I, therefore, am of opinion that no other
satisfactory course is open to us than to abolish Patents.
Public-domain text, read in full here on John Shaqi.
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