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
“Sheffield, December 17, 1863.”
This distressing result will, I trust, drive home the conviction that,
great as is the evil of multiplying Patents, it would be but a mitigation
not worthy of being looked to as a cure, to get the number lessened.
If in an earlier part of this address I have shown that the condition
not to produce “general inconvenience” has been preposterously set at
nought, surely these passages prove no less conclusively that there
has been equal disregard of the condition not to “hurt trade.” I will
satisfy myself, and I hope the House, with one extract only to prove what
I apprehend is the rule rather than the exception, that Patents offend
against the other condition, not to “raise prices.” It is from a paper
read by Mr. Lowry Whittle before the Statistical Society of Dublin:—
“I was informed lately of a case in the North of England where
a successful patentee produced a machine at the cost of £200
for working in the linen trade. On this machine his royalty is
£1,000.”
I may give one instance from my own experience, where the pretensions
of the applicant for a Patent were equal to about a farthing a pound on
all the sugar that the process perfected. The House may understand the
hardship this would inflict on the population when told that it was for
the use of a single process only, or rather of a machine invented by
another, an engineer firm, who had overlooked, and not included in their
Patent, its applicability to sugar. My experience in that case was very
instructive. Pardon my introducing a few particulars. I have no reason
to think the idea of applying the machine to the refining of sugar was
original; on the contrary, it had been already made practical on the
Continent. Nor was the idea patented by my friend alone; on the contrary,
to several persons it had occurred, by some (I forget how many) it had
been patented. One of my partners and I had a good deal of travelling
in England and Scotland, when we discovered the first patentee of the
application at length. We traced the indubitable priority home to a
good neighbour, whose office was within a bow-shot of a sugar-house of
which I myself was managing partner. He told me, when I called about his
Patent, that he had not attended to it for years. I regret to be able
to add that he was afterwards led, by representations which I will not
characterise, to part with his privilege—it was really a very valuable
one—for a most inadequate consideration, to a person who had applied
for a parasitical Patent for something, the value of which could not
be substantiated. Perhaps the worst of all is, that the really most
meritorious person, the patentee of the machine, got comparatively
little advantage from its new but natural application. A coalition was
formed whose terms violated one of the conditions to which I have called
attention, by charging an exorbitant price for the machines, and, what is
Public-domain text, read in full here on John Shaqi.
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