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 power of deciding whether an inventor should derive any
pecuniary advantage for the public benefit which he confers,
the objections are evidently [!] stronger and more fundamental
than the strongest which can possibly be urged against Patents.
It is generally admitted that the present Patent-Laws need much
improvement.”
It is not admitted that they can be made satisfactory, do what we will;
and I contend that no extent of mere improvement can overcome the
objectionableness of the restraints and burdens inseparable from the
system.
“But in this case, as well as in the closely analogous one of
Copyright, it would be a gross immorality in the law to set
everybody free”—
Why, everybody is naturally free, and would continue free if the law did
not step in and cruelly take their freedom away, doing which is the real
immorality.
“to use a person’s work”—
A fallacy—to use, it may be, his thoughts, which, as soon as they are
communicated, are no longer his only—and not at all to use his “work” in
any proper sense.
“without his consent, and without giving him an equivalent.”
As if consent were needed to use one’s knowledge, and as if there could
or should be any equivalent.
“I have seen with real alarm several recent attempts, in
quarters carrying some authority, to impugn the principle of
Patents altogether; attempts which, if practically successful,
would enthrone free stealing under the prostituted name of free
trade, and make the men of brains, still more than at present,
the needy retainers and dependents of the men of money-bags.”
As to “free stealing,” hear what the greatest political economist of
France thinks—
“C’est dans une mesure la même question que le free trade.”
As to the “money-bags,” Mr. Mill plainly is not aware that the dependence
he deprecates is the invariable, almost the inevitable, consequence of a
Patent system.
Public-domain text, read in full here on John Shaqi.
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