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
The first point to be borne in mind with reference to the Patent-Laws
is, that if we retain them at all they must be retained in their present
form. The amendments admissible in their machinery are not important,
and the recommendations of the Royal Commission some years ago were
so slight that it has never been thought necessary to carry them into
effect. What is the scheme of the Patent-Laws? A man discovers, or
believes he discovers, a new process of accomplishing some useful result.
He registers his supposed invention, and acquires a provisional right
to its exclusive use for a definite number of years. After a time he
finds some other person using his invention, and applies to the courts
of law to prohibit him. The alleged infringer of the Patent says that
the assumed discovery was no discovery at all, or that it was of no
public benefit, or that he is not making use of it, and the questions
arising on these issues are then tried. This is a condensed statement
of the whole working of the law as it stands. No substitute for it can
be recommended that will bear examination. It is sometimes said that an
inventor should be required to prove the originality and utility of his
invention at the time he makes his application to be registered. But who
could examine such a claim? A court of law may, after much trouble and
caution, declare that a claimant is entitled to a piece of land, because
the claimant, by exercising rights of ownership over it, gives notice in
a very palpable way to all other claimants of the property, though even
then the court takes extreme pains that the rights of absent or infant
persons may not be abridged. But, when a man claims an invention, by
what possible process could notice of his claim be brought home to every
man in the kingdom? Whoever will consider the matter will be forced to
the conclusion that all the State can do is to tell an applicant that
he shall be protected in the use of his invention provided he shall be
able, whenever occasion arises, to establish its originality and utility
against any one who may arise to contest them. The same considerations
which negative the suggestion that a claimant could receive an
indefeasible title, also negative the proposal that the claimant should
be compensated by a money grant at the outset. If the originality of his
claim cannot be proved, payment for it cannot be made, even if there
existed at that incipient stage any means of determining its value.
Public-domain text, read in full here on John Shaqi.
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