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
“A poor man invented and patented the making of ‘cock-spurs’
(supports for dishes and plates while submitted to furnace
heat) by means of dies, and established a small business upon
the manufacture. Some years later a gentleman improved upon
the invention so far as to make the cock-spurs 500 at a time
instead of singly. The earlier Patent being brought to his
notice, he desired to make terms with the original inventor,
and offered him a liberal sum, together with the sole right to
sell the new manufacture in his own locality (the potteries).
He could not, however, be brought to accept these, or indeed
any terms; but, contrary to advice, commenced an action for
the infringement, and was cast by reason of an unimportant
claim in his specification being untenable.”
As a preventive of this abuse, and almost as a _sine quâ non_ in the
Patent system, “compulsory licences” have been proposed (see the
proceedings of the Social Science Association, 1858, 1860, ’61, ’62, ’63,
’64), but the Royal Commission has reported against them as impracticable.
No wonder, then, that it is said the system hurts inventors themselves,
even those inventors who are patentees:—
“Nothing could work greater injustice _qua_ the inventors
themselves than the present Patent-Law does. Many most
meritorious inventors under the present Patent-Law are utterly
ruined, enrich others, and never pocket a farthing themselves;
therefore the present law is as unjust as a law can be in its
practical working.”
Listen to the elder Brunel:—
“Almost invariably when the Patents come before the public, the
beneficial interest in them is not held, to any great extent,
by the original inventor, but that it has changed hands many
times before it comes out before the public. I should say that,
in the majority of cases, the original inventor gets little or
nothing. In most cases the original inventor has a very small
beneficial interest left in it, and in most cases I doubt
whether, even in Patents that are saleable, he is much the
gainer on the whole, taking into account his previous loss of
time and money.”
Sir W. Armstrong points out how, and how much, poor inventors suffer:—
“I have every week letters from inventors, and I dare say you
have the same; I have scores of them. Poor men very often come
to me imagining that they have made some great discovery. It
is generally all moonshine, or, if it looks feasible, it is
impossible to pronounce upon its value until it has passed
through that stage of preliminary investigation which involves
all the labour, and all the difficulty, and all the trouble.
Many a poor man is ruined by fancying he has made a discovery
which, by means of a Patent, will bring him a fortune. He loses
all relish for his usual pursuits, and sacrifices his earnings
to a phantom.”
Mr. Spence agrees:—
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account