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
Mr. President,—I rise to call your attention to the late debate on the
Patent-Law. This Chamber has frequently expressed its dissatisfaction
with the working of the present law, and after the issue of the Report
of the Royal Commission on the subject, endeavoured to bring about an
inquiry into the policy of granting Patents for inventions. I cannot
but think the time has now arrived for further action in this matter.
The late debate upon the motion of Mr. Macfie has re-awakened public
interest in the subject, and it is gratifying to note, both in the
debate itself and the subsequent discussion in the newspapers, that the
formerly very prevalent idea of a natural property in inventions has been
tacitly abandoned. In some of the arguments used the old fallacy seems
to lurk, for the _Pall Mall Gazette_, in a very able article, says: “It
is plausible to say that if there were no property in invention every
one would get the benefit of all inventions; but this appears to us to
have some analogy to the notion that if there were no property in land
every one would get the benefit of the crops.” There is, however, a
very great difference, because an invention cannot possibly yield all
the benefits which society can derive from it until it becomes public
property; whereas all experience proves that land, in order to yield
the greatest results, must become and remain individual property. Let
us discard, therefore, all comparison of property in invention with
other property, and discuss the subject as one of expediency. Is it the
interest of the community at large that Patents should be granted for
inventions? I am not prepared to say whether or not inventors should
be remunerated by the State; but, after mature consideration, I have
come to the conclusion that, in the interests of the nation and of all
engaged in industry, Patents for invention should be abolished. A Patent
is a monopoly, a patentee a monopolist. When the Protectionist system
was in vogue, Patents which were in full harmony with that system could
be justified; but in these days of Free-trade all monopolies which act
in restraint of trade should be abolished. Some of the arguments used
in support of the system of Protection to inventors by granting to
them a monopoly of manufacture are, to my mind, very similar to those
used in former days in support of other monopolies. Before the repeal
of the Navigation Laws, it was said that without them our marine would
be destroyed, and no more ships would be built, because there would be
no inducement to build them. Without Patents, say the defenders of the
system, there will be no inventions, because there will be no special
inducement to make them. We maintain, however, that under a freer system
invention would be stimulated, and not restrained. As was well pointed
out by Sir R. Palmer in his able speech, “Bounties and premiums might be
adapted to a rude state of the arts and an early stage in the progress
Public-domain text, read in full here on John Shaqi.
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