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
“As soon as a demand arises for any machine, or implement,
or process, the means of satisfying that demand present
themselves to very many persons at the same time, and it is
very unfair, and very impolitic I think, that the person who
gets first in the race to the Patent-office should have the
means of preventing all others from competing with him in the
development of that particular means of process.”
Mr. Grove, Q.C., eminent in science as in law, hints at a remedy:—
“I am speaking of classes of inventions which, if they may be
called inventions at all, would inevitably follow the usual
course of trade and the fair scope which every man should have
for modifying or improving his commodity. I would not shut out
the public from those things. I would exclude from Letters
Patent those changes which would naturally follow in the
ordinary uses of the machines. I would not prohibit a tradesman
from exercising the same ordinary skill in using his machine
as we should all be expected to exercise in anything which we
happened to make or from changing its form.”
Another question as naturally thrusts itself forward, How far have we
benefited by having more Patents? Although the Act of 1852 has greatly
multiplied the number, Mr. Woodcroft, the intelligent head of the
Patent-office, gives the following answer:—
“There has been no considerable increase of bonâ fide Patents
compared with the old law?—No.”
Very suggestive are the following observations of Mr. Grove, as showing
which are the kinds of invention, so-called, that pay best, and how
absurd, if people would reflect, they must consider our present mode of
rewarding and stimulating invention:—
“A Patent may be an extremely valuable invention; for instance,
the manufacture of aluminium is of the utmost importance,
but it was of very little trade value for a long time.
When aluminium was first made what I may call a practical
manufacture, it was of no value to any tradesman at all; it
would take probably ten or twenty years before such a thing
could have any approach to practical value. On the other
hand, the most frivolous Patent—the turn of a lady’s hat, the
cutting of a shirt-frill, or a new boot-heel—may be of very
considerable value, from the number of bootmakers all over the
country who would have to order it, every one of whom would pay
an extremely trifling licence duty, and therefore the Patent
would be a very good Patent to the patentee. In my judgment
those are not good subjects for Patents, and there the opponent
would have no interest equivalent to that of the patentee to
meet him.
Public-domain text, read in full here on John Shaqi.
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