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
“Let us suppose, for example, that a new colour is patented
alone in France, and that the patentee only permits the
manufacture of the colour on payment of a high royalty: this
colour will become dear, to the profit of the patentee alone,
and the detriment of all; its exportation, or the exportation
of articles dyed with this colour, into a country where the
manufacture is free, will become impossible, because in that
country they will begin to fabricate it, and its price will be
diminished to the extent of the royalty exacted for it by the
patentee.
“The French producer will necessarily be placed in such a
situation that he will be unable to sustain any foreign
competition.
“It is of consequence, so far as it depends on legislators,
to place those countries on the same footing who unite in the
peaceful, beneficent struggle of competition.
“But with the sound notions which prevail amongst persons of
intelligence, it is evident that the uniform solution to which
every one would adhere cannot be one which would recognise
Patents.
“The making all discoveries free is the system which alone
would have the chance of being adopted by all nations.
“It would certainly put an end to more injustice than it would
originate.”
I had the pleasure of being present at a numerously-attended meeting
of the Economists of Germany held at Dresden in 1863, which almost
unanimously adopted a resolution against all Patents; quite in harmony,
I may say, with formal resolutions of commercial and industrial
associations in that country and France.
The House must long ago have been prepared for the following conclusions,
which close the Royal Commission’s Report on the Law relating to Letters
Patent for Inventions:—
“That in all Patents hereafter to be granted a proviso shall
be inserted to the effect that the Crown shall have the power
to use any invention therein patented without previous licence
or consent of the patentee, subject to payment of a sum to be
fixed by the Treasury.
“While, in the judgment of the Commissioners, the changes above
suggested will do something to mitigate the inconveniences
now generally complained of by the public as incident to the
working of the Patent-Law, it is their opinion that these
inconveniences cannot be wholly removed. They are, in their
belief, inherent in the nature of a Patent-Law, and must be
considered as the price which the public consents to pay for
the existence of such a law.”
This is signed by Lord Stanley, Lord Overstone, Sir W. Erle, Lord
Hatherley, Lord Cairns, H. Waddington, W. R. Grove, W. E. Forster, Wm.
Fairbairn.
The public understood this to mean that the Commission were by no means
satisfied that there should be any longer any Patent-Law at all. The
_Journal of Jurisprudence_ gives it this interpretation.
Public-domain text, read in full here on John Shaqi.
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