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
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
This very week you read in the papers a judgment given by the Lord
Chancellor, which contains the declaration that a person in specifying an
invention may be held as preventing “the loss for a year or more to the
public of the fruits of the ingenuity of many minds which commonly are
working together in regard to the same invention.”
The _Journal of Jurisprudence_ says well:—
“The rights of the inventor are also liable to interference
of another kind. A rival manufacturer invents independently
the same machine, or one involving the same principle. He is
then, by natural law, at liberty to publish his invention
without regard to the rights of the first inventor, seeing
that he did not acquire his knowledge of its powers from the
latter, and experience proves that, in point of fact, the same
processes are frequently discovered by different individuals
independently of each other. In an age of mechanical invention,
an inventor cannot deprive the world of a new process by
keeping it a secret. He can at most only retard the progress of
discovery by a few years.... We submit that the fundamental
principle of any legislative contract between inventors and the
public should be, that the right of using the invention should
be open to all Her Majesty’s subjects. Exclusive privileges,
conferred for the purpose of enabling patentees to divide their
profits with a few favoured manufacturing establishments, are
indefensible upon any recognised principles of economy. Patents
are in fact, as they are in law considered to be, trading
monopolies; and the interests of the public imperatively
require that, as monopolies, they should be swept away.”
Mr. Webster, Q.C., a high authority, says:—
“I mean the discovery, for instance, of some chemical property,
or the application of some property, of matter of recent
discovery, or a certain effect, for instance, in dyeing; that
becoming known as a chemical law, then persons rush to obtain
Patents for different applications and different modifications
of it.”
See by my next quotations how great is the obstruction the multiplication
of Patents creates, or, in the words of the Act, the “general
inconvenience” they occasion.
Mr. James Meadows Rendel, Civil Engineer, in 1851:—
“During the twenty-five years that I have been in practice, I
have frequently felt the inconvenience of the present state of
the Patent-Law, particularly with reference to the excessive
number of Patents taken out for frivolous and unimportant
inventions, which I think are much more embarrassing than the
Patents that apply to really important inventions.
Public-domain text, read in full here on John Shaqi.
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