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
“It is very possible that you may infringe upon these Patents
without knowing it?—Constantly. The inconvenience which the
Duke of Somerset has mentioned resulting from Patents applied
to shipbuilding is so very great that it is scarcely possible
to build a ship, being a combination of wood and iron (and
you always have some of each in a ship), without treading
upon somebody’s Patent; and I am entirely of opinion that the
Patents are drawn up for that especial purpose, without any
idea of their being practically applied for the benefit of
the public, but only that the patentee may lie in wait for a
colourable evasion of his Patent taking place.”
Now I present the evidence of General Lefroy, deputed by the War-office:—
“The expectations of patentees are very extravagant, generally
speaking, and prior to trial it is very difficult to determine
at all what is the value of an invention. As an example, a
gentleman some time ago made a great improvement in cooking
apparatus, and he assessed his own reward at a large portion
of the whole saving in fuel which might be effected by the
application of this improvement to an enormous extent upon the
whole military consumption of the Crown, which would have come
to many thousands of pounds. Such an improvement should not be
assessed by the value to the Crown, but by what it cost the
originator in intellectual labour or previous experiment, and
its importance in a large sense.”
Let me next cite Mr. Clode, Solicitor to the War-office:—
“If he has not the power either of keeping those improvements
perfectly secret, or of securing them to himself by Patent,
then the War-office authorities are placed in the position
of having in all probability to pay private individuals for
inventions or improvements actually made by their own officers.”
Next Mr. Abel, F.R.S., Head Chemist to the War Department:—
“In your experimental inquiries, when you have happened to
fall upon any discovery, you have not been much annoyed by
claimants saying that they have had precedence of you?—Not at
all, and it is to that that I referred in my first answer.
We do not meet practically with those embarrassments during
experiments, but we may meet with them in applying the details
of improvements. For instance, I am at present engaged upon the
working out of the application of gun cotton, the whole details
of which application were communicated as a great secret to
this Government by the Austrian Government.... While every care
was taken by this Government to keep them secret, a Patent was
taken out in this country for the whole improved process of the
manufacture.”
Mr. Clode again:—
Public-domain text, read in full here on John Shaqi.
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