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
Lord Stanley, though only recommending the matter for the “particular
handling” of the Government, inclines, on the whole, to the view that
the Patent-Laws do more harm than good; and we are quite disposed to
agree with him. The decisive consideration appears to be the unavoidable
abuse of Patents for inconsiderable inventions, or inventions of
simultaneous discovery. The hardship of excluding B from a discovery of
his own because A had patented it a week before, is such as to demand
the clearest proof of the expediency of the general law which deprives
him of the fruit of his labours. Where B is a manufacturer, led up to
the discovery by the necessities of competition and suddenly laid under
contribution by a stranger or a rival, the hardship is especially severe.
We are not sure but that to make any Patent-Law tolerably just, special
provision should be made for proof of simultaneous discovery, and either
compensation to all the discoverers by the patentees, or full liberty to
them to make use of their discovery. It is of equal importance, however,
that the amendment of manufacturing processes in detail should not be
checked; and perhaps the fact that the great majority of Patents now only
apply to what may be termed details is a main reason for abolishing them.
It is a simple monstrosity, to quote the case given by Mr. Scott Russell,
that every conceivable shape of a boiler should be patented, so that the
most obvious change of form, which some particular exigency obviously
suggests when it arises, should not be permissible to a manufacturer
unless he pays black mail to somebody else. If it is said that details
are often important, the answer is that manufacturers and inventors have
a sufficient stimulus with regard to them without a Patent-Law. The
pressure of competition and the large scale of manufacturing, which
make details important, are sufficient inducements to those interested
to find out something new, or encourage others to find out something
for them. Just because invention must usually come in the way of great
manufacturers, who can recoup themselves without Patents, Patents are no
longer necessary. Men like Sir William Armstrong and Mr. Scott Russell,
who are themselves considerable inventors, do not care for Patents,
except to guard themselves against the interference of others who might
take advantage of the present law to reap where they have not sowed. They
are quite content to let others alone, if they are let alone themselves,
deriving their profit from general excellence of manufacture, of which
any single process which might be the subject of a Patent is only one
out of many details, and perhaps not the most important. Nor do such
inventors conceal their detailed improvements, so that they are in no way
tempted to do anything for the advantage of the public by the present
law. It was observable in the debate that the defence of the present law
rested exclusively with representatives of probably the least important
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