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
“Besides the progress of the arts, another change has occurred
which affects this question. Formerly improvements made slow
progress, and unless an inventor were protected for many
years he had little chance of recompense. Now the power of
advertising is so great and intelligence is so diffused, that
any really useful invention can be brought immediately into
operation and profit. Were Patents abolished, any one with an
invention of value could find a manufacturer to take it up. It
is true it would be open to the rest of the world as soon as
found out, but the manufacturer would obtain the first start
of all others, in itself a profit. Under the present system
the legal protection breaks down in practice. The moment a
specification is published, competing manufacturers strain
their wits to contrive how to reach the same result through
other means or modifications; in other words, how to infringe.
Against this the patentee has no remedy, except proceedings at
law of the most costly nature.
“No change can be proposed in Patent-Law that will not be open
to objections based on individual cases of hardship; but, on a
comprehensive view of the subject in all its bearings, I hold
that it would benefit the country to abolish the system _in
toto_. Manufacturers would be relieved from present perplexity,
delusions would no longer be kept up by excitement, an enormous
waste of money would be stayed; and whilst the mass of
worthless Patents would disappear, any of real value would be
taken up on its merits and produce sufficient remuneration to
the inventor.”
The Report of the Commission, founded on the evidence of which I have
shown the general character, contains the following just observations:—
“The majority of witnesses, however, decidedly affirm the
existence of practical inconvenience from the multiplicity of
Patents. It is clear that Patents are granted for matters which
can hardly be considered as coming within the definition, in
the Statute of Monopolies, of ‘a new manufacture.’ It is in
evidence that the existence of these monopolies embarrasses
the trade of a considerable class of persons, artisans, small
tradesmen, and others, who cannot afford to face the expense
of litigation, however weak the case against them may seem to
be; and a still stronger case is made out as to the existence
of what may be called obstructive Patents, and as to the
inconvenience caused thereby to manufacturers directly, and
through them to the public.
Public-domain text, read in full here on John Shaqi.
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