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
Various Patents have been granted for alleged improvements in the
treating of copper ores, of certain products obtained in the smelting
of copper ores, &c., which are only worthy of notice as affording, as
I conceive, satisfactory illustrations of the defective state of our
existing Patent-Laws.... That a man who has worked out an original and
valuable process from his own brain, and who may have incurred great
expenses in bringing it to a practical issue—it may be, after years of
protracted toil and anxiety—should have secured to him by law during
a moderate term the exclusive privilege of reaping the substantial
reward of his own invention, appears to me as just and reasonable as
that an author should be protected against piratical and unprincipled
publishers. But that the law should confer upon a man the exclusive right
of appropriating to his own benefit facts which are perfectly familiar to
every tyro in chemistry, and of practising operations which are of daily
occurrence in the laboratories of chemists, is as impolitic as it is
unjust. And surely, the particular “inventions” above referred to belong
to this category. I cordially subscribe to the opinion expressed by Mr.
Grove, Q.C.—namely, that the real object of Patent-Law was to reward
not trivial inventions, which stop the way to greater improvements, but
substantial boons to the public; not changes such as any experimentalist
makes a score a day in his laboratory, but substantial, practical
discoveries, developed into an available form.
THE HOT BLAST.
It cannot strictly be termed a great invention, for what great exercise
of the inventive faculty could it possibly have required for its
development? There was no elaborate working out of a process or machine,
as has been the case in many inventions, but the thing was done at once.
Without wishing in the smallest degree to detract from the merit to which
Mr. Neilson is justly entitled, I may nevertheless express my opinion
that the hot-blast was a lucky hit rather than an invention, properly
so-called. Whatever opinion may be entertained as to the expediency of
Patents, there can be no doubt that such a Patent as this ought never
to have been granted. A Patent, even though it may be proved invalid,
confers upon its possessor a _locus standi_ in the eye of the law,
and enables him thereby to involve innocent persons in most expensive
litigation, to say nothing of the attendant annoyance and anxiety. The
preliminary examination before the Attorney or Solicitor-General is in
many cases an absolute farce, and nothing less. The present system,
although confessedly an improvement on the old one, is yet in many cases
highly obstructive and injurious to national interests.
[Page 50.]
The following passage from the _Engineer_ of May 28, proves clearly that
the Bessemer Patents do raise prices of iron:—
Public-domain text, read in full here on John Shaqi.
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