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 — John Shaqi
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
“Other instances will be found in the evidence of particular
manufactures and branches of invention which are so blocked up
by Patents, that not only are inventors deterred from taking
them up with a view to improvement, but the manufacturer, in
carrying on his regular course of trade, is hampered by owners
of worthless Patents, whom it is generally more convenient
to buy off than to resist. The evil also results in another
practice, having the same obstructive tendency—namely, that of
combination amongst a number of persons of the same trade to
buy up all the Patents relating to it, and to pay the expense
of attacking subsequent improvers out of a common fund. From a
comparison of evidence, it cannot be doubted that this practice
prevails to a considerable extent. We must also conclude that
when the obstruction is not to be got rid of without the
expense and annoyance of litigation, in a large majority of
cases the manufacturer submits to an exaction, rather than
incur the alternative.
“We desire to call special attention to the evidence given by
the First Lord of the Admiralty, and by various witnesses on
behalf of the War Department, showing the embarrassment which
has been caused to the naval and military services by the
multitude of Patents taken out for inventions in use in those
departments.
“It has long been the practice, founded on judicial decision,
to consider that the use or publication of an invention
abroad did not deprive that invention of the character of ‘a
new manufacture within this realm.’ It appears to us, and is
generally admitted in the evidence, that the present facilities
of communication subsisting between all parts of the world have
done away with the only valid reason for such a construction of
the words of the Statute of Monopolies. The object of allowing
such Patents might fairly be, in an age of slow international
communication, to encourage enterprising persons to go in
search of, and to introduce to this country, useful processes
employed abroad, but not otherwise likely to be adopted here,
for the want of which we should long have been behind other
nations. It does not, however, seem worth while to continue
the same facilities now, when foreign inventions are most
frequently patented in this country and in their native land
simultaneously; especially, as we are well informed, that one
result of the practice is to encourage unscrupulous persons to
steal the inventions of foreigners and to run a race with the
legitimate owner to get them patented here.”
Public-domain text, read in full here on John Shaqi.
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