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
The extracts which I have culled sufficiently prove that, in the opinion
of men selected because they were competent to speak with authority on
account of their character, ability, and experience, our Patent system
is “generally inconvenient” and is “hurtful to trade.” Being so, it
is inconsistent with the conditions on faith of which, while other
monopolies were prohibited by the Act, it was spared. But I rest my
case on absolute evils, without regard to that inconsistency. I am sure
nobody can go over the evidence as a whole, or even those scraps of
evidence which I have presented—I am well aware in a very promiscuous
and ineffective manner—without becoming convinced that the trade and
manufactures of this country are seriously obstructed, fettered,
retarded, harassed, and burdened, sometimes demoralised, often wronged,
or even robbed, by the multitude and vexatious character of Patents,
and by the claims and conduct of patentees;—that these Patents, though
very numerous, in general possess little merit, yet often produce large
revenues, the result of exactions from persons who use them, to the
assignees, rather than to the original grantees,—that the uncertainty
of receiving a good return (in place of which experience shows there
is, in most cases, disappointment or even positive loss), and the utter
incongruity existing between the earnings, where there are any, and
the merits of inventions, render the system of Patents an exceedingly
unsatisfactory way of stimulating invention or rewarding inventors;—and
that there is wide-spread dissatisfaction with things as they are, yet
despair of amendment, among the most intelligent of those portions of the
community for whose benefit the system is plausibly represented to exist.
The evidence goes to show that the poor man and the working man suffer
in two ways. Such cannot bring their inventions into play for want of
capital, and they could not, even if it were in that respect different,
make head against rich infringers who are able by the costliness of law
proceedings to set them at defiance. I might allege, also, that while the
expenses of patenting are clearly too heavy to suit the circumstances
of the poor, there is little or no favour shown by any influential
witnesses to propositions for reducing them, because of the tendency that
a suitable reduction would have to still further multiply Patents. Surely
this indicates sufficiently that there is something radically wrong in
the principle on which we proceed.
Public-domain text, read in full here on John Shaqi.
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