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
I am extremely sorry to differ on a question of political economy from
Mr. Mill. But with all due respect I submit that he has not, when writing
the passage which has now been given _in extenso_, realised what a Patent
is in practice. It is the price at which the State buys a specification.
The purchase is a compulsory one, with this peculiarity, that whereas the
inventor may or may not offer to sell—for he is left at perfect liberty,
as in a free country he ought to be, whether to patent and reveal (sell)
or not—yet if he do offer, it is the State, the maker of the law, which,
through the Sovereign, voluntarily puts itself under compulsion to accept
the offer, and—with a defiant violation which the frequency of the deed
in my view makes flagrant of sound principle—pays not out of public
revenues or any funds over which it has legitimate control, but out of
the means of private individuals, reached and extracted either in the
form of exceptional profits on goods the monopolist makes, or by his
levying of a tax called royalties on any of his fellow-subjects whom he
may of grace, if they comply with his demands, associate with himself as
sharers of the monopoly.
Such opponents’ impulses are excellent, but their plan is incompatible
with actual pre-existent interests. They omit to take into full account
the conditions of the everyday world which the statesman has to do with,
and might not unprofitably call to mind a story or parable of juvenile
days wherein certain wise men were represented as, after due counsel,
placing a favourite bird within high and close hedges in order to
gratify their tastes and enjoy melodious notes all the year round. The
conditions of winged existence had not been taken into account; theory
and sentiment could not be reduced to practice. Favouritism, constraint,
and isolation, being contrary to nature, failed. The nightingale loved,
needed, sought, and found freedom. To recall another book of youthful
days. Think of Robinson Crusoe, and the many new inventions his peculiar
position required and elicited. Let me suppose the neighbouring islanders
saw for the first time in his hands a cocoa-nut turned into a cup, in his
hut potatoes roasting in the fire, in his garden guano used as manure.
What would they have thought of Christianity and civilization, if he,
anticipating the pretensions of modern inventors, had alleged, on the
ground of first use, exclusive property in these manufactures, processes,
and applications, and had debarred the imitation for fourteen years? The
unsophisticated savages would have said, “We understand and allow your
claims to possess what you yourself make, but we do not understand, and
we dare not allow, your claim to possess what we make ourselves. You
are welcome to learn what we shall learn, and to do whatever you see us
do. We cannot sell for money the odours that rise from the fruits that
sustain our life; should we forbid to pick up and plant their seeds that
Public-domain text, read in full here on John Shaqi.
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