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
inventors. Mr. Mundella’s assurance that working men are attached to
the present law, and that inventors of the working class would either
not be tempted to invent, or would be deprived of the reward of their
industry, was, in truth, the only argument in its favour. But it was
plainly insufficient. It would be necessary also to show that such
inventions are overwhelmingly valuable, so as to compensate for all the
injury a Patent-Law must do; but this was not, and we believe could not
be, attempted. The special case of poor inventors might be met by an
organised system of voting rewards to those whose inventions had been
largely adopted and used; but we should not frame an entire law, which
the public do not require, and which would work a deal of harm, in order
to suit their peculiar circumstances.
Such being the nature of the discussion, it is, of course, not worth
while saying much on the particular defects of the present law. But
there is hardly a single point where some alteration is not called for.
In particular, the Courts for trying Patent cases could be very much
improved; and additional obstacles might be interposed to frivolous
or entrapping Patents. One of the main reasons for total abolition,
nevertheless, must always be the impossibility of suggesting an amendment
for some defect which is not itself open to equivalent objections.
Nothing, for instance, seems so obvious at first sight than that the
present law might be amended by compelling patentees to grant licences.
Yet the Royal Commission which reported in 1865 was decidedly opposed
to this suggestion, after hearing all that could be said for it. There
is no means of saying beforehand what should be the maximum charge for
licences, while the moment this principle is introduced the special use
of a Patent as a stimulus to inventors is tampered with—the prospect of a
complete monopoly of which they are to make as much as they can. Similar
objections apply to any suggestion for cancelling Patents which are not
used in a year or two to some material extent. The best inventions,
requiring the greatest changes in manufacturing machinery, are often
the slowest to come into operation. For the same reason, it would also
be impracticable to compel patentees to grant licences at fixed maximum
rates after their Patent had been two or three years old. It might be
just as impossible then, as at first, to say what the licence fee should
be. If we are to have a Patent-Law, then we can have no substantial
improvement upon the present one; and it is so bad that it can hardly
last. Perhaps there is at present a deficiency of evidence on the
subject—the workmen not having been heard before the last Commission, and
the information presented as to the Patent-Laws of other countries and
their working being very deficient; but though this may be a good reason
for having another inquiry, we anticipate that it will only confirm the
verdict of impartial judges against the present system.
Public-domain text, read in full here on John Shaqi.
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