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
We come, then, to the conclusion that it is for the general interest
that Patent-Laws should be abolished, and that their abolition will do
no great harm to any one—least of all, to the great mass of inventors or
improvers. Perhaps we may point out that, if the circumstances are as
described, this country has a special interest in abolishing such laws.
As the leading manufacturing country in the world, a Patent here is
likely to be worth more to its holder than anywhere else; consequently
our manufacturers are more exposed than any others to the interruption
and worry of Patents. It may well be that other countries which are less
tempting to patentees will find the balance of competition weighted
in their favour in consequence. Looked at another way, the more that
invention falls into the hands of great capitalists, the more likely is
it to strengthen the manufacturing of a country which is already most
powerful. The normal condition of things is all in our favour, and we
should do nothing to thwart it.
_Leading Article from the “Spectator,” June 5, 1869._
Those who doubt whether there are subjects upon which no conclusion is
possible, which baffle the ablest and most judicial minds possessing
the best attainable information, should read the debate which has just
taken place on the proposed abolition of the Patent Laws. The most
remarkable fact of the debate was the uncompromising attack upon these
laws by Sir Roundell Palmer, his eager advocacy of the opinion that they
should be at once abolished; but the most significant speech was made
by Lord Stanley, who exhibited perfectly the incapacity of reasonable
men to come to a wholly satisfactory judgment upon them. In fact, there
is a real balance of considerations which were almost exhaustively
stated by Lord Stanley. If you look at one set of facts, you see good
reason for conceding Patent rights; if you look at another set, you find
innumerable mischiefs arising from the concession; and there is hardly
any means of measuring which set of arguments preponderates. The motive
of granting Patents is _primâ facie_ very simple and unobjectionable.
You wish to encourage inventions, by which the wealth of the world is
so much increased, and you therefore promise inventors a temporary
monopoly of their use, on the single condition that the inventions shall
be made public. But for some such guarantee, it is said, many inventors
would have no temptation to rack their brains, and capitalists would be
afraid to help them in putting their ideas into a complete shape. That
invention, as a matter of fact, is to some extent encouraged, is certain,
though Lord Stanley hardly touched upon the point. On the other hand,
hardly any Patent-Law can do what it professes, while it is certain to
do much harm; and this is, at least, the character of our own law. The
rewards with which it tempts inventors are too often delusive, and they
at least would have small real cause to complain of its abolition. No
Public-domain text, read in full here on John Shaqi.
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