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
Literary and artistic Copyright has for its province visible, tangible
works, intended only for the eye or the ear, or inner man through these
senses—objects to be looked upon, listened to, thought of; not things
to be worked with or employed, nor things consumable, nor mere modes of
doing a thing, like the subjects of Patent-right. It has no regard to
processes, operations, implements. Therefore, unlike Patent-right, it
interferes not with manufacturers, artisans, miners, farmers, shipping.
Its sphere is in finished productions, works of art in their completed
state—objects that are permanent and unmistakable. Infringements,
therefore, are necessarily both manifest and of set purpose, whereas
infringements of Patent-right are often doubtful, even when the subjects
or results can be exhibited, and when the facts of the case are
assented to by all parties; and if it is a question of processes, its
infringements are often undetectable after the fleeting moment during
which they are alleged to have taken place. Further, as before said,
contraventions of Patent-right may be, and not unfrequently are, done
unconsciously or unwittingly.
MODIFICATIONS OF THE PATENT SYSTEM.
The following paper on Patent Monopolies is reproduced from the
_Liverpool Courier_, partly for the sake of presenting a past phase of
opinion with respect to the means of mitigating the injurious influence
of the exclusive privilege contained in Patents:—
At the Social Science Congress at Sheffield, in 1865, Mr. Macfie
read a paper on the following subject: “Long Restrictions on the Use
of Inventions, and Obligation to make heavy Payments to Patentees,
incompatible with free and fair trade.” He said:—
Public-domain text, read in full here on John Shaqi.
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