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 project of law to repeal the Act of 1817 for granting exclusive
rights on inventions and improvements of objects of art and industry,
has given general satisfaction in four Committees of the House, and many
have received it enthusiastically. By introducing this Bill, Government
has satisfied a desire which of late was frequently manifested by members
of the House. The memorial of explanation, with its vouchers, gives
full particulars of the objections raised against the Patent system.
Most members, in fact, simply gave their adhesion in substance, without
considering it necessary to “motivate” their opinion.
A few Members of one of the Committees did not agree with absolute
repeal, and even held such a measure to be at variance with justice and
equity; they recognised the law of 1817 to be defective and in many
cases impracticable; they granted that when a reform might be arrived at
“Patents of admission” ought not to remain in force; but they did not
see why, on account of the insufficiency of the law in this country,
“Patents for invention” should be abolished as well. There are a good
many industrial inventions which cost the originator vast mental labour,
sometimes even heavy pecuniary sacrifice. By means of his invention
he renders society a service which entitles him to enjoy, for a fixed
period at least, the exclusive benefit of bringing it into operation.
Should this benefit be denied him, it would be but fair that the State
should give him a reward; this, however, is subject to difficulties of a
peculiar nature.
The opinion that the repeal of the law would leave intellectual property
altogether unprotected, may be refuted by the fact that the principle of
intellectual property cannot possibly form the basis for a Patent-Law.
Although it was emphatically proclaimed in the French Legislature of the
first years subsequent to the Revolution of 1789, it will not stand the
test of sound criticism. Could right of property be admitted in this
case, it ought to be permanent, and not temporary. Yet no Legislature
ever dared to extend the so-called right, even for the inventor’s
lifetime; the terms were generally ten, twelve, fifteen, and, at most,
twenty years. Another circumstance, which is in downright contradiction
with the notion of right of property, is the fact that everywhere Patents
are granted only on payment of a certain sum.
If Patents are to be defended at all, better try to do it on a principle
of utility. Some appearances are in favour of the plea that anticipation
of reward and pecuniary benefit originates useful inventions; but
pecuniary experience has taught that although every now and then this may
be the case, still the very existence of a strict Patent-Law, is, on the
whole, a decided hindrance to industry; that the inventor’s benefit from
his Patent is, in most instances, but doubtful, whereas by doing away
with this artificial encouragement, inventions will not, on this account,
remain in the bud undeveloped.
Public-domain text, read in full here on John Shaqi.
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