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
object, the disadvantages preponderate over the advantages. We connect
this charge with another which is still more condemnatory, viz., that
these advantages, limited as they are, are obtained by compromise of
sound principle and by positive acts of unfairness, such as cannot be
alleged against our view of the case, which is, that these exclusive
privileges should be abolished.
The title of this paper says almost all I care to occupy your valuable
time with. It speaks of _restrictions_ in the use of inventions. Patents
impose restrictions, nay, prohibitions. They give an absolute monopoly.
Nobody but a patentee has a right to use a patented invention. It speaks
of _long_ restrictions. Patents impose their restrictions, or rather
prohibitions, for the long period of fourteen years, with occasional
prolongations of the term. To be denied the use of an invention for such
a length of time is, now-a-days (whatever it may have been of yore),
much like being denied it altogether. The title speaks of _payments_ to
patentees. These are made in all cases where the patentee allows others
to use his invention. It speaks of _heavy_ payments, because he has the
right to make them heavy, and he, in practice, makes them as heavy as he
can. It speaks of an _obligation_, and rightly, because a manufacturer
who uses a patented invention is under the necessity to pay whatever
the patentee demands or a jury awards, and competition may frequently
compel him to use it, under penalty of losing his profits of trade,
or his trade itself. It speaks of the payees as _patentees_, not as
inventors; because in many cases (how large a proportion I cannot say)
the rights are conferred on mere importers or appropriators of other
people’s inventions. The title further speaks of _free-trade_. This
freedom, which is something different from mere _libre échange_, ought to
extend to manufacturing and all kind of labour, as well as to commerce,
for, according to the great lexicographer, trade is “employment, whether
_manual_ or mercantile.” Of course it does not so extend when labour
is not free, but restricted and burdened. And it speaks of _fair_
trade—fairness is about as important as freedom. Will anybody say it is
fair to tax one manufacturer and let another go free? Yet this is what
Patents do. Those whom the patentee favours, or fears, or forgets, he
does not tax, or taxes lightly, while on others he lays a heavy hand.
But, worst of all, under the open competition to which the British
manufacturer is now exposed with all the world, he often has to pay
heavy Patent fees—often four, and sometimes, as I know, five, and even
six, figures deep—while his foreign rivals wholly escape. How can any
statesman, or member of a Chamber of Commerce, defend or palliate such
gross and grievous inequalities? Unfortunately, the start that the United
Kingdom has got in manufactures and shipping has done much to blind us,
and keep us from seeing the strides that neighbouring nations are making,
Public-domain text, read in full here on John Shaqi.
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