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 former are numerous; the latter ought to be; and the service is one
the nation may well expect of them. Why should not there be innumerable
Lord Rosses, Sir Francis Crossleys, Sir David Baxters, and Sir William
Browns, promoting beneficent commerce by their generosity; and why
should not manufacturers systematically combine as an association to
procure through science and experiment every possible improvement?
“Or the State must put a value on the service rendered by an
inventor, and make him a pecuniary reward.”
And why should we not prefer this alternative?
“This has been done in some instances, and may be done without
inconvenience in cases of very conspicuous public benefit.”
Well: that is a great deal; but why not in cases that are not conspicuous?
“But in general an exclusive privilege of temporary duration is
preferable—”
Now, mark the only reasons adduced:—
“because it leaves nothing to any one’s discretion—”
That is, I suppose, Mr. Mill, to avoid trusting anybody—the danger from
doing which is imaginary, or at least avoidable—would let the nation
remain subject to proved frightful inconvenience and loss.
“and the greater the usefulness, the greater the reward—”
Which, Mr. Mill rightly thinks, is what ought to be, but it is not and
cannot be what happens under Patents; for, on the contrary, rewards
depend mainly on the extent of use and the facility of levying royalties.
“and because it is paid by the very persons to whom the service
is rendered, the consumers of the commodity.”
Here Mr. Mill appears to regard, and it is right he should, manufacturers
as mere intermediates. Well: can they shift the burden which they, in the
first instance exclusively bear, from their own shoulders to those of
the consumer? Perhaps they could have done so before the inauguration
of Free Trade; but since that time, the thing is impossible, and so
will it ever be until the day arrive when either Patents shall apply to
all countries, and in all countries exactly the same royalties shall be
charged for their use, or else they are abolished.
“So decisive, indeed, are these considerations, that if the
system of Patents were abandoned for that of rewards by the
State, the best shape which these could assume would be that of
a small temporary tax imposed for the inventor’s benefit—”
Would he in general get it? And, let me ask, how collected—how
distributed?
“on all persons making use of the invention.”
A thing impossible, however, even for conspicuous inventions; and to
which there is the further fatal objection that there must be none but
such recognised, which might be unfairness, as it certainly would be
partiality. If, as indicated, a tax on all users and consumers, will not
grants from the Exchequer be in the main fair enough as to incidence?
“To this, however, or to any other system which would vest in
the State—”
Why the State? Why not let inventors decide?
Public-domain text, read in full here on John Shaqi.
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