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
“Some time after I commenced these experiments, while they
remained a perfect secret, and 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.... One of them who is present is experimenting
upon gun cotton, but it is with him a matter of extreme
embarrassment to know how to deal with the subject; if he
discloses by way of specification all that he knows, he sends
the invention or discovery he has made away to the winds—the
very night that it is put upon the file it goes to Paris,
Dresden, Berlin, and elsewhere. If he does not do that, he is
afraid that some man will find out precisely what he has in
view, and put a Patent on the file, and tax the Government in
that way. So that we are upon the horns of a dilemma.”
If I were now to stop, and say not a word more, I might trust to the
candour of the House for an admission that the case against Patents is
proved, on the ground that the conditions of the Statute of Monopolies
have been systematically violated, these violations being of the very
texture and vitals of the institution.
But I proceed. If the House permit, I will now advert to the new
phases the question has assumed since the inauguration of free trade,
understanding by that term _le libre échange_, and not _la liberte du
travail_.
The pernicious effect of home Patents on trade with our Indian empire, is
stated thus by Mr. Rendel, in 1851:—
“As engineer to the East India Railway, we had a little
inconvenience the other day; we wanted to manufacture articles
patented in this country, and we would have had to pay
Patent-rights; it was a question whether we had not better buy
the iron in India, and avoid the Patent-rights. Those cases,
I think, are constantly occurring. The Patent-Laws not being
applicable to India, people will not unfrequently order things
to be manufactured in India to avoid the licence dues in this
country; and the consequence was that I made an arrangement
with the patentees at about one-half of the ordinary charge for
the Patent in this country.”
In 1851 it was proposed, and in 1852 an Act was passed, to limit British
Patents to the United Kingdom, with exclusion of the Colonies. This
change was desired by an influential and intelligent portion of the West
India Association. Their conduct contradicted, and their experience
proves the fallacy of, the allegation so confidently made and repeated
in spite of its futility, by some interested or else ignorant parties,
that inventions thrive most where Patents exist—_i.e._, where trade
is trammelled with prohibitions or burdened with royalties. The home
sugar refiners exclaimed against an exemption which, being partial,
operated against their trade. The following is an extract from one of the
petitions presented by that body:—
Public-domain text, read in full here on John Shaqi.
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