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 there are defenders of very different calibre: Mr. MacCulloch,[3]
Sir David Brewster, Mr. John Stuart Mill. It is meet I should inform the
House what are their arguments. I find them succinctly stated and well
put in Mr. Mill’s “Political Economy.” I will read the whole of that
gentleman’s observations, interlacing, for brevity’s sake, very short and
unargumentative dissents, if not replies:—
“The condemnation of monopolies ought not to extend to Patents,
by which the originator—”
Does Mr. Mill know that many an invention is patented by some person who
is not the originator, but only the first promulgator in Britain; still
more often, who is not the only originator?
“of an improved process—”
I have already shown that the law, rightly read, can hardly be said to
sanction the patenting of a “process.”
“is allowed to enjoy, for a limited period, the exclusive
privilege of using his own improvement.”
Which means, the privilege of debarring all other people—some of whom
may, after him, or at the same time as he, or even before him, have
invented it—from doing what he is, and they also should be, allowed to do.
“This is not making the commodity dear for his benefit, but
merely postponing—”
For his benefit, and still more frequently and surely for the benefit of
a multitude of other individuals, who have less claim, or no claim at
all.
“a part of the increased cheapness, which the public owe to the
inventor—”
But not to him only, for he invents often along with others, and always
in consequence of knowledge which he derives from the common store, and
which he ought, as its participant, to let others share, if doing so does
himself no harm.
“in order to compensate and reward him for the service.”
The real service, if it be “service,” is the communicating his knowledge.
“That he ought to be both compensated and rewarded for it, will
not be denied;”
But it does not follow, surely, even in Mr. Mill’s logic, that he should
be invested with monopoly powers, which “raise prices” and “hurt trade,”
and cause “general inconvenience.”
“and also, that if all were at once allowed to avail themselves
of his ingenuity, without having shared the labours or the
expenses which he had to incur in bringing his idea into a
practical shape—”
But which, very likely, were trifling, and if heavy, were incurred for
his own sake, and may have produced benefits to himself that sufficiently
compensated all.
“either such expenses and labours would be undergone by nobody—”
Which is a wild assumption.
“except very opulent and very public-spirited persons.”
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account