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
It is probable enough that the Patent-Laws will be abolished ere long,
though the full force of the real objections to them was perhaps not
brought out in the debate last week on Mr. Macfie’s motion for their
abolition. Sir Roundell Palmer was too metaphysical. The supposed
distinction between the copyright of a book and a Patent—that no two men
will hit upon the same composition even in substance, while they will
hit upon the same idea for an invention—does not prove anything. If a
case of general utility could be made out, the abstract justice of giving
a man the monopoly of an idea, should he be the first to come upon it,
would not be much considered. Lord Stanley, who avoided this mistake,
dwelt too much upon such minor points as the practical failure of the
law to secure a reward to the inventor and the frequent disproportion
between the reward and the service rendered, which are points of _no_
consequence so long as the public is generally a gainer by the law. Lord
Stanley, however, touched upon the true reason when he referred to the
injury of third parties, which the present law occasions, by reason of
Patents being granted to only one out of half-a-dozen persons who come
upon the same inventions, or to one of a series of inventors who improve
upon each other’s work, and by reason also of the general interference
with manufacturing. What we should have liked to see fully stated was the
peculiarity of the present circumstances of the country in which these
things are true. The statements in fact amount to this—that there is a
large number of inventions which Patents are not required to encourage;
that these are made as ordinary incidents of business; that invention,
improvement of mechanical and chemical processes, is itself a part of a
manufacturing business; and that in this way the granting of Patents only
impedes manufacturers to whom inventions would naturally come. The full
force of these facts cannot be felt unless we recognise that a change in
the character of invention has taken place. The Patent-Laws were intended
to apply to different manufacturing circumstances from those which
now exist, and were based upon different notions about invention; the
objection to them is that they either are, or are becoming, out of date.
A little consideration will show how true this is.
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