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
“Another great evil of the Patent system is this, that an
invalid Patent really answers the purpose of protection almost
as well as a valid one. I believe that there is not one Patent
in ten which would bear scrutiny, and the mere name of a Patent
often answers all the purpose. Nobody will face the litigation
necessary to get rid of it.
“In very many cases people prefer to pay black mail rather than
undergo the expense of a law-suit?—In almost all cases; I know
that in my own experience, if I find that a man has a Patent
which I am satisfied is not a valid one, I would rather go out
of the way to avoid any conflict with him.”
So also Mr. Curtis:—
“I have in one or two cases given £200 to a party for the use
of an invention in which I have told him at once that what we
used was not an infringement in any shape or form; but rather
than run the chance of going to a tribunal where I was fighting
with a man of straw, I have consented (thinking it was prudent
to do so) to pay £200.”
Mr. Woodcroft, in keeping with all this, testified—
“I know of existing Patents which are but old inventions, as
old as the hills.”
The following extract from the Transactions of the National Association
for the Promotion of Social Science presents another illustration of the
mischief the Patent system works:—
“The Patent in question having been purchased for a trifle by
Mr. Foxwell, its merits were subjected to close scrutiny, and
the specification being found to be defective in some respects,
but possessing the quality of elasticity from the vagueness
of its phraseology, it was resolved to improve it under the
Disclaimer and Amendment Act. After undergoing a compound
operation analogous to pruning and grafting, it was found to
embrace almost every kind of shuttle sewing machine. In other
words, it was hoped by the possession of this invaluable Patent
to control nine-tenths of the sewing machine trade of Great
Britain. Fired with this idea, Mr. Foxwell commenced legal
proceedings against a well-known sewing machine manufacturer
for compensation for an alleged infringement of his amended
Patent, and at the third trial succeeded in driving his
opponent into a compromise, whereby the sum of £4,250 was paid
in liquidation of all demands. Encouraged by this success, he,
through his solicitor, apprised the trade of his intention to
levy royalties on the users of all needle and shuttle machines
other than those manufactured by his licences, and, failing to
bring many to his terms, he filed bills in Chancery against 134
defaulters.”
Mr. Abel, of Chancery-lane, in a recent pamphlet, writes thus, to show
how, in self-defence, Patents require to be taken:—
Public-domain text, read in full here on John Shaqi.
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