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
States grant Patents at all. Among those which do, some grant sparingly
or only to their own inhabitants; and to take Patents in all places where
they are granted would involve the command and risking of so very much
capital that few indeed, if ever any, would embrace the whole field;
and, if perchance they did, the labour of superintending a business so
vast, in languages so diverse and many, would require superhuman powers.
The right to demand “compulsory licences” as a mitigation was suggested
at the Liverpool Congress. They would be an improvement, and should be
practicable, seeing something of that nature exists elsewhere, although
the Royal Commission has reported against the plan. But it would be a
serious mistake to anticipate from their adoption as a reform any very
important relief. I hope it is possible to propose some substitute which
will not be liable to these reproaches, one which will give rewards
having proportion to merit, which will give them within a reasonable
period, which will entail little trouble or distraction on the nation’s
assumed protégé, the inventor; one which, being regulated by fixed
principles and controlled by officers who will sift the wheat from the
chaff, will satisfy the yearnings after awards having some proportion to
merit, which now are disregarded; and which, above all, will elevate
the inventor from what you will surely allow me to call his present
equivocal position—that involves little or no honour, and too generally
something approaching the very reverse—to a position that implies merit
and gives status. I do not speak of mere honours, whether in the form of
certificates or medals, or trifles, although all of these I recommend.
What I have submitted already to the association, in a paper to be found
in the Edinburgh volume, I repeat as still in my opinion practicable and
expedient—viz., to grant national rewards in money. I would allow these
to be claimed immediately after inventions are specified. It would be
the duty of a competent board, after due consultation and inquiries, to
award each a fair sum, within certain limits, such as prudence, combined
with liberality, would prescribe for their regulation. Or, the patentee
might prefer postponement of the adjudication for three years. This
should be allowed, or even encouraged, in order that time may be gained
for practical expression of the benefit conferred by actual use of the
invention. In that case, the reward should be ampler.
Public-domain text, read in full here on John Shaqi.
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