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
But I can adduce a higher and more authoritative exposition with regard
to the views of at least the noble Lord the Chairman of the Commission.
When the question was put as to legislation in conformity with the
Report, Lord Stanley told this House on June 10, 1865:—
“The House ought first to have an opportunity fairly and
deliberately of deciding upon that larger question which had
not been submitted to the Patent-Law Commission—viz., whether
it was expedient that Patents for invention should continue to
be a part of the law.”
We all know there is in general society, and even among politicians
and men in business, an acquiescence almost amounting to approval of
Patents in the abstract. Its existence I attribute to unacquaintance
with actualities. I acknowledge that when the more able advocates of
the system state their reasons, these look conclusive enough, and would
be so if there were but one side of the case. What we, their opponents,
claim is that our objections be met. This, I apprehend, cannot be done
without, at least, leaving so much inevitable evil confessed as must
turn the scale. Some of these arguments that we hear are futile and
far-fetched enough to deserve to be repeated. Admitting obstructiveness,
a Chancery-lane writer pleads thus:—
“This very prohibition causes others to exert themselves to
invent different means by which the same or a better result
may be obtained than by the invention which they are prevented
from using, except by payment, and the result is competition,
in the highest degree beneficial to trade, and an unceasing
advancement and striving.”
Really no better is the reasoning of an official witness, who told the
Commission:—
“Three-fourths of the Patents, Inventions of
Englishmen.—Three-fourths of the applications for Patents,
or thereabouts, are for the inventions of Englishmen; the
remaining one-fourth are for the inventions of foreigners, for
the most part Frenchmen and Americans. The country in which
inventions are of the highest value will draw inventions to
it from all others, and so long as any one country protects
inventions by Patent, so long must all countries protect. Were
England to abolish protection of inventions, inventors would
carry their inventions to other countries. Switzerland does not
protect, and consequently the Swiss take their inventions to
other countries.”
Why? What harm though the British inventor should go abroad to patent or
even to work his invention? He must specify it in the country he goes to;
and cannot, will not, our artisans at once avail themselves, and revel in
the free use, of what he there records? Call our nation’s not rewarding
him a piece of doubtful policy, or want of generosity; but banish the
notion that our trade will suffer. It will gain.
Public-domain text, read in full here on John Shaqi.
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