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
That the inventor has a right of use or property in his invention we
do not dispute; what we dispute is his _exclusive_ right. To give one
inventor such a right is to subvert the principle by denying the right
of other inventors, who may be as original, and have worked as hard, and
spent as much, but who, owing to a desire to perfect their achievement
a little more, or because they live in the provinces,—a day’s journey
further off,—come some hours behind, and so are only second or third
applicants for the coveted privilege. The State ought not, and cannot
in strict justice, give a right of exclusive property; that is, power
to meddle with others, and forbid them to use their valuable knowledge;
except in cases where _common_ use and enjoyment would diminish public
wealth or harm a previous possessor. If the land of England were
constituted common property, its productive value would be lessened,
and the present possessors would be harmed; therefore, it legitimately
is property. Knowledge may be, with the greatest benefits to mankind,
common. God has drawn this distinction between things material or
measurable (in which classification I include labour), and things mental:
between land, ploughs, and the like, and the art or knowledge how to
manage or make them,—that the one cannot be appropriated, and the other
cannot be unappropriated, without loss to our race. _En passant_, do we
conform to the spirit this constitution of nature may be held to commend
to man?
I will not detain you by controverting the arguments of those plausible
reasoners who class Patent-right with Copyright. Both, indeed, are
creations of enacting law. But there is this obvious and broad
distinction between them: that to grant exclusive privileges to an
author interferes with nobody else’s compositions, whereas to grant them
to an inventor continually conflicts with what others have done and are
doing. Nor shall we spend time in discussing the _merits_ of inventors.
These, we allow, may be great, and deserve public acknowledgment. What
ought rather to be discussed is the _kind_ of acknowledgment that is
most expedient. At present a very primitive mode of rewarding inventors
is alone the rule—monopoly. In old times, when political economy, like
the other sciences, was unknown, it was the easy, but at the same time
costly, way of endowing a court favourite to grant him an exclusive right
to sell or make some commodity. When, in the beginning of the seventeenth
century, all other monopolies were prohibited by law, those in favour
of introducers of _new manufactures_ were spared. This exception has
been found or made so expansible, that it is ruled to extend to minute
processes or instruments in existing trades, so that what was intended to
promote manufactures is now too frequently a hindrance. Thus the avowed
object of the exception, public good, is on the whole counteracted. What
we maintain is, that, admitting the monopoly attains to some extent that
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