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
This system, I am persuaded, would be found in practice much less
expensive to the nation than the present system. So slight are the merits
of the majority of Patents that the State would have comparatively
little to pay; but the relief to manufacturers and the gain to commerce
would be very great; for, however unprofitable a Patent is, it may be
very effectual as a restraint and a burden. Such a system would sweep
away every hindrance to the immediate enjoyment by every one of every
invention, and to the combining with it every cognate improvement; a
great emancipation and stimulus would at once be felt to operate. If
other nations adhere to the antiquated Patent system which they have
borrowed from us, we would be happily invested, in competition with them,
with the immense advantage which the Swiss, for instance, enjoy over
their rivals, that of being free from Patents, yet knowing the inventions
of all other nations. But they would not adhere; on the contrary, they
would either totally free themselves from the encumbrance, and leave
us to pay the rewards, or (and this is more probable and would be more
honourable) they would join in international arrangements, in virtue
of which, every State contributing a little, inventors would receive
large emolument, and trades would rejoice with them in the advent of an
invention millennium, in the bliss of which workmen would share,—on whose
interests, by preventing them from benefiting by use of the knowledge
they acquire, Patents, I apprehend, act unfavourably.
I am aware that to persuade Government and Parliament to adopt national
grants would involve indefinite, perhaps long, postponement of the happy
year of release. Therefore I repeat another proposition, also already
submitted to you. It is this: To grant Patents much as heretofore (not
resisting any reformation that may appear expedient); but to enact
that, on the demand of any manufacturer, after three years of monopoly,
any invention may be valued—not, of course, on the basis of the return
which it might bring—but on that of its originality, the cost incurred
in working it out, its advantage, &c., whereupon it shall be lawful
for a Patent Board to extinguish the grant in any of the following
circumstances: 1. If the patentee’s books (which he should be obliged
to keep in all cases where his fees from any individual exceed £100 per
annum) show that he has already received in fees the valuation price. 2.
If manufacturers and others interested unitedly pay as much as will make
the price up. 3. If the State pay the remainder of the price, purchasing
the invention for the nation. And I would include a condition that any
one may obtain exemption for himself or his firm, by paying, say, a tenth
of the price.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account