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
Sir Edward explains, and I read, the whole passage that I have cited,
not as a lawyer might who wished to ascertain whether by oversight in
drawing the Act or by the malleability and elasticity of language it
could be interpreted even non-naturally to suit a purpose, but as honest,
blunt Englishmen would understand it, as the English gentlemen who passed
the Act must have understood it and meant the Crown to understand it.
I submit, Mr. Speaker, that at this moment, and by this statute, and
according to the common law which this statute declares, Patents are
illegal which raise prices or hurt trade. The framing of the sentence
leaves no doubt whatever that the antecedent to the words “they be not
contrary to the law nor mischievous to the State, by raising prices of
commodities at home or hurt of trade,” are these words, “Letters Patent
and grants of privilege.” The preceding section contains the same words.
That section was introduced in order to shorten the duration of Patents
granted previously, and to nullify any that raised prices or hurt trade.
It is plain that the intention of Parliament and of the Sovereign was to
allow no monopoly to exist whose effect would be either to interfere with
the extent or efficiency of industrial occupations, or to make prices,
even of the new manufacture or commodity, dearer under the restriction
than they would be without it. Even so late as the last century, the
consistency of monopoly with cheapening of prices was believed in. As
an example, I have been told that when the Paraphrases of the Church of
Scotland were issued, the monopoly was given to a particular printer,
with this purpose expressly stated.
Public-domain text, read in full here on John Shaqi.
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