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
What language can be plainer than that of the statute? As that statute
is still the charter of our commercial freedom and the chart by which we
may discover the track we must follow in order to our return to the open
and safe, and as its sound limitations are still the law of the land, I
am entitled at the outset to contend that they ought to be put in force.
They have been utterly neglected, and the nation suffers much from the
neglect. As to this, hear my witnesses. I produce them chiefly from the
following Blue-books: That issued by the Committee of this House which
sat in 1829, that issued by the Committee of the House of Lords which sat
in 1851, and that issued by the Royal Commission in 1865. Here remark
the strange failures of expectations that characterise the proceedings
of Parliament in regard to Patent-Law. The Committee of 1829 recommended
that they should be allowed to continue their investigations next
Session, but they appear not to have been allowed. After the inquiries
of 1851 there was, as a Petition which I have perused, presented to this
House, shows, an understanding that the whole subject would be inquired
into; but this never has been done down to this day. A Commission was
indeed appointed in 1862, but they were confined to the question of the
“working” of the laws. Indications were given, both before and after it,
that the question of the policy of these laws should be examined into.
The Liverpool Chamber of Commerce repeatedly urged this; _e.g._, in
March, 1862, when that body petitioned the House thus: “They therefore
pray that your honourable House will appoint a Select Committee to
inquire into the policy and operation of those laws.” But the matter
is still in abeyance, and, notwithstanding promises in a Royal Speech,
legislative action is suspended.
To proceed: Mr. Lennard in this House, in April, 1829, declared his
opinion—“It was not desirable to facilitate overmuch the obtaining of
Patents by any reduction of expense.”
So Sir Robert Peel, in the interest of the manufacturers of Lancashire,
Cheshire, and Yorkshire, deprecated cheapening of Patents and their
consequent multiplication. At that period another member objected even to
the publishing of specifications, because
“It enabled persons to carry the invention abroad, where, of
course, the Patent article was made, the foreign market shut
against the real invention, and the undue benefit granted
foreigners of having the free use of the invention fourteen
years before the patentee’s countrymen.”
The House will observe that the complaint here is not that we were hurt
in British markets—for these the protective system of duties closed—but
that we lost our hold of foreign markets.
Sir Mark Isambard Brunel, the eminent engineer, told the Committee of
1829:—
“I have had several Patents myself; I think that Patents are
like lottery offices, where people run with great expectations,
and enter anything almost.
Public-domain text, read in full here on John Shaqi.
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