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
But this is not all. The complaint of manufacturers at the obstruction of
the present law would not be enough by itself, but it is a very serious
matter when invention is part of the business of manufacturing. The law
of Patents, in short, interferes with what has become the normal process
of invention. Mr. Platt states: “I think that there is scarcely a week,
certainly not a month, that passes but what we have a notice of some
kind or other of things that we have never heard of in any way, and do
not know of in the least that we are infringing upon them.” Sir William
Armstrong complains of a personal grievance: “The necessity which I am
under of taking out Patents, not for the purpose of obtaining for myself
a monopoly, but simply for the purpose of preventing other persons from
excluding me from my own inventions.” And much similar evidence was given
before the Royal Commission, of which Lord Stanley was chairman. Thus the
present law is not wanted to promote invention, and it is injurious to a
kind of invention which would go on luxuriantly without it. The gradual
nature of most inventions is a sufficient security that it will proceed
under the law of competition. Perhaps the practice of Government is the
best indication of the necessity for the abolition of Patents. A few
years ago the manufacturing departments of Government found themselves
so hampered by Patents that they resolved to try whether they were bound
or not, the result being a legal opinion that they were not bound. But
Government is only a great manufacturer, its work in some departments
being less than in many private businesses. Is there any reason why
Government should be released, and individuals bound to patentees? As
to the supposition that invention will cease, the mere interest of the
Government in paying for anything worth having is found a sufficient
stimulus to invention in the things which it requires; and so it is
assumed will be the interest of competing manufacturers.
There is a universal agreement, moreover, that no Patent-Law should
cover all the inventions which are now covered. It happens that the
strongest condemnation of things as they are before the Royal Commission
came from witnesses who wished a change, though none suggested anything
which commended itself to the Commission. The idea seemed to be that
a separation could be made between substantial inventions and the
improvements or amendments which are now so important, but are admitted
to be unsuitable for Patents. It was thought that Patents, instead of
being granted indiscriminately, should only be granted in cases of proved
novelty and utility. But no working plan of a court to do this could be
devised, or one which would not probably discourage inventors as much as
the abolition of Patents altogether.
Public-domain text, read in full here on John Shaqi.
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