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 readily grant the second clause of the statement. The number of great
and good inventions, by comparison with the obviously trivial claims, is
very small indeed; but we altogether fail to perceive what legitimate
source of grievance this can be to the public. On the contrary, it
seems to us demonstrable that under a competent system of Patent-Law
organisation the fees accruing from these claims of trivial intrinsic
import might be utilised and made to fructify. The surplus thus accruing
might be used in diminution of existing Patent fees, in establishing
a museum of inventions creditable to the nation and the epoch, and in
other ways conducive to the development of invention in general.... Our
own experience points to many cases like this; wherefore we are assured
a proposition of some not wholly averse to Patents, whereby they would
establish courts of preliminary investigation to determine whether any
given process should be deemed worthy of patenting or not, would be
altogether futile.
According to our way of viewing the case, the registration of inventive
novelties should be encouraged on other grounds than that already
specified. We hold the record of failures to be of, at least, equal
importance to the record of successes. Anybody who has given much time
to promote invention will, we are sure, coincide in our opinion, that
the knowledge of what others have been unable to accomplish in some
particular line of invention is one of the most likely conditions of
his own success. This collateral value of failures does not seem to
have been heeded by those who are most prominent amongst the advocates
of Patent abolition. From matters of undisputed non-success, we pass
now to the consideration of others confessedly of some value, but the
importance of which is trivial. In respect to such it is argued by Mr.
Macfie that they much embarrass the manufacturer by needlessly stopping
the way until terms can be come to with the inventor. The plausibility
of this reasoning we fail to see. Does not the assumed worthlessness
of an invention of the series contemplated bar the need of coming to
terms with the inventor at all? What manufacturer in his senses would
treat for the use of an invention that he knows to be worthless—such
foreknowledge being a postulate on which the argument is raised, and on
which the objection turns? The national value of a readily-accessible and
classified record of invention must be obvious to all. Those who would
desire to uphold the Patent-Laws, and those who would wish to abolish
them, must alike coincide in this point. We insist upon this part of the
subject all the more strenuously from the conviction that the upholding
the abrogation or modification of the Patent-Laws will turn, after all,
on considerations of public expediency, not on considerations of right
and wrong to individual inventors. This being so, the collateral value of
Patent-Laws, in establishing a record of inventive progress, cannot be
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