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
I would not for one moment deny that instances could be named in which
the absence of a Patent-Law might have proved a hardship to a real
inventor, but I feel quite satisfied in my own mind that whatever
may hitherto have been the case, the time has now fully arrived when
infinitely less injustice would, upon the whole, be occasioned by the
absence of all Patent-Laws than by the best Patent-Law that could be
devised. All Patents for inventions must be considered as founded upon
expediency and not upon the idea of any inherent right which the inventor
possesses beyond the right of using his invention, or keeping the
secret of it to himself. A community may consider it to their advantage
to protect inventions by means of Patent-Laws, but a man can have no
abstract or natural right to the exclusive benefits of his invention, for
such an idea would imply that nobody else could have produced it. The
question is, therefore, entirely one of expediency, but not one of right.
Again, a very common argument used in support of a Patent-Law is that
an inventor is as much entitled to an exclusive right to his invention
as an author is to the produce of his pen, but there is really very
little resemblance between the two cases, and I believe it would be very
inexpedient to utterly abolish Copyright. “Paradise Lost” would never
have been written but for Milton; but with the utmost respect for Bell,
Fulton, and Stephenson, who would pretend to believe that without them we
should still have to be dependent upon the wind for our movements at sea,
and the common road ashore? A man who writes a book does not interfere
with me in the slightest degree, but the inventor, or more probably the
so-called inventor, backed by the Patent-Law, may most unjustly involve
me in much trouble and expense. I should be very glad to see a good round
sum set apart by Government for the purpose of being awarded to real
inventors by competent and impartial authority. Then the poor inventor
might have some chance. You will certainly, in my opinion, have done a
good turn to this country if you can only get every vestige of Patent-Law
swept from the statute-book, and with my best wishes for the success of
your motion, I am, &c.
FROM ANDREW JOHNSTON, ESQ., M.P.
7th July, 1869.
MY DEAR SIR,
I am glad to hear that you intend printing the results of your inquiries
as to the operation of the Patent-Laws, as the conclusions at which you
have arrived tally entirely with my own experience as a manufacturer.
I had no opportunity of speaking in the recent debate on your motion, and
will therefore put down one or two points which have specially presented
themselves to my attention.
Public-domain text, read in full here on John Shaqi.
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