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
“And if they were very cheap, there would be still more
obstacles in the way of good ones. I think the expense of
Patents should be pretty high in this country, or else, if it
is low, you will have hundreds of Patents more yearly, and you
would obstruct very much the valuable pursuits.”
That Patents are, indeed, a lottery in respect to the uncertainty whether
the patentees draw a prize or a blank, I refer to the words of Mr. Curtis
before the Royal Commission:—
“We have taken out a number of Patents, and frequently those
to which we have attached the least importance have become
the most valuable, and, on the contrary, those from which we
have expected large things we have reaped comparatively no
advantage.”
Mr. Coryton says in a note:—
“The opinions of the witnesses examined before the Committee
of the House of Commons in 1829 were almost unanimous to the
effect that Patents should not be too cheap, lest the country
should be inundated with them.”
Among my private papers, I find in 1851 the Manchester Chamber of
Commerce expressing the same fear in a letter to Mr. F. Hill, a portion
of which I now present:—
“It is considered by this Board to be a primary axiom that
every Patent granted is, during its exclusiveness, a limitation
to a certain extent of the general rights of the people, and
that in those Patents which have reference to manufacturing
processes there may be a disturbance of the general industry
of the people. This Board would, therefore, deprecate a too
great facility in the obtaining of Patents. If the cost be
made cheap, every trifling improvement in every process of
manufacture would be secured by a Patent. In a few years no
man would be able to make such improvement in his machinery,
or processes, as his own experience may suggest, without
infringing upon some other person’s Patent. Endless litigation
would follow, and the spirit of invention in small matters
would be rather checked than encouraged.”
The realisation of these fears, as well as the inconsistency of our
practice with the conditions which our forefathers, more wise than the
present generation, imposed, will be seen from the specimen extracts
which I will now read, begging that it be remembered a very large
reduction in the cost of Patents was made in 1852. The House will pardon
me if it finds these extracts are not arranged with any rigid regard to
order, but form a too _rudis indigestaque moles_.
The following prove that there is a natural tendency to excessive
multiplication of Patents, and to the making of the same inventions, and
of inventions directed to the same end, or moving on the same line, by a
number of persons at or about one and the same time.
Public-domain text, read in full here on John Shaqi.
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 — John Shaqi
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