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
we throw away? Should we grudge the runnings over from the brimming cup
of knowledge which heaven puts into the hand, and the froth at the top
which the wind blows away?” Heathens are pleased to even work at what
is good for all according to opportunity. The fact is, the right of
inventors is too shadowy to have any recognisable existence where there
is not a submissive society to vend to or trample on, and a complaisant
state to compel their submission.
If he were a member this night present with us, I would appeal to Mr.
Mill as a philosopher. Seeing that the world is so framed that whereas
acquisitions of material property or things cannot be possessed in common
without the share or enjoyment of each person being lessened or lost,
it is universally possible that any number of persons, however many,
can possess and use, without any diminution of individual enjoyment,
knowledge or ideas in common, do not wisdom and humanity justly interpret
this as an indication that to interfere is to oppose the order of nature?
Let me appeal to him as a moralist. Seeing that to so interfere with
the communication and enjoyment of knowledge or ideas by limiting the
power and right to apply inventions to use is to withhold that whereby
one man, without loss to himself, may benefit his fellows, do not ethics
favour the philanthropic course which accords with the course that Nature
indicates?
I appeal to Mr. Mill as a political economist. Seeing that the order
of nature and the promptings of philanthropy are favourable to the
communication of inventions and their free use, is it the part of a State
to provide for the gratification of the selfish principle in man by
legislation framed to endorse, and facilitate, and almost to necessitate
it?
I appeal to Mr. Mill as a statesman, and ask, Is it consistent with
enlightened policy to place manufacturers in such a position, that they
are constantly tempted to conceal improvements they are using, from
fear to discover that they are infringing? Does he know so little of
mankind, that he expects them, the poorest as well as the richest, to
employ (and this would be requisite) suitable agents to search whether
any improvement they mean to adopt is already the subject of a Patent
that renders its adoption illegal, and also to institute inquiries as
to who, and where, in the wide world, is the holder of the Patent or
Patents, whom in that case he must first negotiate with and sue for
a licence? Does Mr. Mill think a manufacturer’s time is so free from
absorbing occupations that he can attend to the daily transactions of
the Patent-office, so as to inquire whether such and such a mysterious
application is an unintended, it may be, but in result an effectual,
ousting him from use of a process that he is about to introduce or has
already in operation? Yet these are the superhuman efforts and gifts
which compliance with, and subjection to, any Patent system presupposes
and requires.
Public-domain text, read in full here on John Shaqi.
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