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
Apart from his abstract reasoning, there is much in Sir Roundell Palmer’s
argument to show wide differences in practice between the cases of
authors and inventors. It is undoubtedly true that in a vast majority
of instances the patentee of an invention is not the person to whom the
largest share of the merit belongs. The rule, equally in scientific
discovery and in practical invention, has almost always been found to be
that, when a great step in advance is completed, no one man can claim the
entire merit. If one wins the race, there are mostly several competitors
who get a place. Even Newton had rivals treading on his heels, and his
great discoveries would not have been lost, though they would certainly
have been delayed, if his marvellous intellect had never been directed to
science. The thought of the world, as represented by a little cluster of
inquiring minds, was fast ripening for the harvest which Newton was the
first to reap. But no one on this account seeks to deprive Newton of his
glory. And we do not see why the pioneers of practical invention should
be deprived of the reward for which they work merely because what they
have done is but to forestall what would have been accomplished, sooner
or later, without them. The real vice of the Patent-Laws is that they
give a full fourteen years’ monopoly to the first inventor who proclaims
himself, even though it may be clear that he has not a week’s start of
a host of competitors. In order to make sure of adequately rewarding a
very few real benefactors of mankind, you give an inordinate privilege
to a great many who have done nothing at all in proportion to what they
receive; and not only do you prohibit every one from borrowing the
patentee’s ideas, but you actually forbid a second inventor, who has
arrived at the same result without ever having heard of the first, to
make any use for fourteen years of the conclusions which he has worked
out by his own unassisted thought and labour. This, of course, is a gross
injustice, and the opponents of the Patent-Laws say that no machinery
can be devised by which it can be escaped. Another serious objection to
the system, as worked in this country, is the indiscriminate grant of
a Patent to any one who claims it, leaving it to future litigation to
determine whether the Patent is good or bad. The Law Officers of the
Crown receive an enormous amount of fees for Patent business, and it is
their function to determine in the first instance whether a _primâ facie_
title to the privilege is made out. It might be supposed that, if the
identical invention has been patented or publicly used before, or if,
on the face of it, it is no invention at all, the application would be
refused. Nothing of the sort happens. No examination of the records at
the Patent-office takes place to ascertain the existence or non-existence
of earlier Patents for the alleged discovery; and even when there is an
opposition, and it is clearly proved (as in the case of the bullet which
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