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
“Have you known cases of patentees with a good Patent, and in
which there has been what may be called a dishonest attempt to
destroy it?—Yes, I have known both on a very large scale; for
example, there was the great hot blast case. I was engaged in
that from the beginning in the capacity of arbitrator; and in
that great hot blast case the whole litigation arose from the
ironmasters, who were making enormous sums of money, wishing
to get rid of a very small Patent rate per ton, which had
accumulated to an enormous sum in consequence of the success of
the Patent. The expenses in the hot blast Patent case amounted,
I should think, to more than £100,000.”
In the celebrated capsule case, the expenses have been somewhere about
half of that enormous sum. In another case, about three-quarters of it.
How true, then, is the following, from _Chambers’ Cyclopædia_:—
“When a Patent has been granted, if it is of such a nature
as to lead to competition, infringements are almost matter
of course; and the only mode of discovering and checking the
infringement is so ineffective that inventors generally pass
their lives in constant litigation, fighting a succession
of imitators, who often have nothing to lose by defeat, and
therefore entail all the greater burden on the legitimate
manufacturer. It has been said that not more than three per
cent. are remunerative. A Royal Commission has lately been
engaged in inquiries as to the best mode of remunerating
inventors and improving the law with reference to
infringement; but it is doubtful how far the subject is capable
of being put on a better footing, so many difficulties being
inherent in it.”
And how many of these pernicious Patents do honourable members think have
been repealed? Allow me, as to this, to quote Mr. Grove—
“... Very few Patents have been repealed, and, generally
speaking, the patentee has been victorious.”
And the Commissioners’ Report:—
“Number of Patents repealed by _scire facias_ from 1617 to October,
1852 19
“Number of Patents repealed by _scire facias_ from October, 1852,
to December, 1861 None.”
A natural question suggests itself, Who is to get a Patent, since in many
cases there is a plurality of almost simultaneous inventors? Listen to
the words of Mr. Webster, Q.C., author of well-known books on Patent-Law:—
“I have frequently had brought before me five or six Patents
for the same thing within two or three years, or perhaps even
within a year. I remember a remarkable case of a Patent for
an improvement in railway wheels, where there were as many, I
think, as six Patents almost within six months.”
Sir W. Armstrong shows that sometimes the chief benefit of inventions
goes to the wrong parties:—
Public-domain text, read in full here on John Shaqi.
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