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 last witness was the Master of the Rolls, who,
notwithstanding the experience he had had as one of the law
officers of the Crown in administering the Patent-Laws, and
although he took charge of the first Bill which the Government
proposed on the subject, was decidedly of opinion that
Patent-Laws were bad in principle, and were of no advantage
either to the public or inventors.... All the evidence that
had been brought before the Committee, both of the gentlemen
who were opposed to the system of Patents and those who were
most strongly in favour of it, had only tended to confirm
his previous opinion that the whole system is unadvisable
for the public, disadvantageous to inventors, and wrong in
principle. The result of the experience acquired by the present
Vice-Chancellor and Lord Chief Justice of the Queen’s Bench
had raised great doubts in their minds as to whether a law of
Patents was advantageous. The Chief Justice of the Common Pleas
likewise had written him a letter, which he authorised him to
make what public use of he pleased, declaring his concurrence
in his opinion that a law of Patents was neither advantageous
to the public nor useful to inventors.... The only persons,
he believed, who derived any advantage from the Patent-Laws
were members of the legal profession. Except perhaps warranty
of horses, there was no subject which offered so many
opportunities for sharp practice as the law of Patents. As
regards scientific men, too, the practice of summoning them as
witnesses on trials respecting Patents had an injurious, if not
a demoralising, effect.... They sometimes allowed themselves to
be betrayed into giving a more favourable opinion of the merits
of an invention than was strictly accurate.”
Lord Harrowby judiciously said, in reference to the proposition then for
the first time made to exempt the Colonies from the incidence of British
Patents—
“The colonial refiner would be enabled to avail himself of
every new invention in the manufacture of sugar, to the
prejudice of the home refiner, who would have to pay for the
Patent-right.”
Lord Campbell—
“Having been some years a law officer of the Crown, had some
experience as regarded the question at issue, and he begged to
say that he entirely approved of the view of his noble friend,
Earl Granville.”
Sir James Graham, on Aug. 5 of the same year, observed—
Public-domain text, read in full here on John Shaqi.
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