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 present system of Patents must be retained if Patents are to be
preserved, and the evils of the system flow directly from it. It is
impossible to diminish appreciably the litigation attendant on Patents.
Sir Roundell Palmer referred to the paraffin oil case, which occupied
the Court of Chancery fifteen days. Nor could this be avoided, for the
novelty of the process of distilling paraffin was the point contested,
and to decide this it was necessary to examine the exact stage of
discovery to which a dozen different investigators had advanced, all of
whom were trying simultaneously, but independently of each other, to
distil paraffin oil so as to make it a commercial product. The expense
and uncertainty of Patent litigation being unavoidable, the cardinal
defect of the system, that the reward it offers hardly ever goes to
the right man, follows. The inventor is at one end of the scale; the
transferee or licensee of the Patent is at the other, and while the
latter reaps enormous gains, the inventor often has the reflection that
it was he who made the discovery for his sole reward. The second great
fault of the system of the Patent-Laws is an effect equally inseparable
from it. These laws constantly inflict the most grievous injustice on
innocent persons. Mechanical and chemical discoveries are not made
by unconnected jumps. The history of science and of invention is one
of gradual progress. A hundred different persons are pursuing their
investigations on the same subject independently of each other, and
are all nearing a particular goal, when some one man reaches it a few
days before the others. The law which gives him a monopoly denies to
the rest the fruit of their exertions. It is needless to refer to the
numberless instances in which inventions have been discovered so nearly
simultaneously that the real inventor cannot be ascertained; and it is
impossible to deny that to give a monopoly to the man who is the most
prompt to register his claim often inflicts a grievous wrong on the
investigators who accomplish the same results in perfect independence of
him. So far we have spoken only of primary discoveries. The secondary
Patents, as they may be called, were rightly denominated by Sir Roundell
Palmer unmitigated evils, and, according to the same high authority, they
exceed in number Patents of importance in the ratio of a hundred to one.
A person suggests some small improvement in the course of an elaborate
manufacture, and takes out a Patent for it. Henceforth he blocks the
whole trade. He cannot be got rid of, and it is not easy to deal with
him. He is quite conscious of the obstacle he creates, and in the end
he is probably bought off by some great manufacturer in the line of
business affected by the discovery, who, by accumulating in his hands
the inventions, good and bad, connected with his occupation, monopolises
that particular branch of trade throughout the country.
Public-domain text, read in full here on John Shaqi.
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