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
“In many cases an inventor takes out Patents for immaterial
improvements that he is continually making in his processes or
machinery, merely for the purpose of indisputably publishing
those improvements, in order thereby to prevent the chance of
his being debarred from the use of the same, through a Patent
being obtained for them by somebody else.”
The following statement is authenticated by Mr. Grove:—
“I had at one time great doubts about it, but things have
arrived at a dead lock. The Courts now really cannot try these
cases. We have at these very sittings three Patent cases made
remanets because they cannot be tried; they interfere too much
with other business. We have at this moment going on a Patent
trial which is now in its fourth day. We have had within, I
think, a week another trial of a Patent, which lasted seven,
and a third which lasted five days. During the time that these
Patent cases have been going on there have been heavy Patent
arbitrations going on, two of which I can speak to myself; one,
I think, lasted seventeen days, and the other, which involved a
very simple issue, lasted six or seven days. Those arbitrations
went on contemporaneously, and the cases were obliged to be
tried by arbitration because the Courts could not try them; it
would have occupied too much public time. While these cases
have been going on several Patent cases have been also ready
for argument in banco, and one has been postponed.”
On this part of the subject I again cite Mr. Platt:—
“There being an adjournment, for example, for a fortnight or
three weeks, is there constantly a fresh burst of evidence to
meet the difficulty raised at the last meeting?—Yes, it is so;
and that prolongs the case very much; in fact, the case that
I have in my mind now I have no doubt will cost the parties a
sum of £4,000 or £5,000. I cannot see how it is possible for
the verdict to be against them, for it has been a frivolous and
vexatious proceeding from the beginning, and with the idea of
extorting money.”
And Mr. Scott Russell:—
“In your experience have you not seen a great number of
dishonest litigants, plaintiffs who bring actions in the way of
persecution, and defendants who desire to destroy a Patent, and
where one or other of the parties for the most part acts in bad
faith, trying to injure his adversary in any way that he can?—I
should say that the greater number of Patent cases are cases of
oppression.
“Have you known cases of oppression where the patentee has been
the oppressor?—Yes, frequently.
Public-domain text, read in full here on John Shaqi.
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