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
A deputation of the trades of Scotland did the candidates the honour
of submitting to us a very judicious list of questions. One of these
concerned the Patent-Law. They asked, would I support a motion for
reducing the cost of Patents? I answered I would, because I think the
cost too high for the working man; but I added that I would rather see
Patents swept away. One of the deputation properly animadverted on the
hardship this might inflict, and he instanced the case of his brother,
who had invented an improved apparatus for use on board ship. I rejoined
that I accepted the case as sufficient to confirm the conviction that
Patents are on the whole not good, but bad, for working men or any men.
My reasoning was substantially this: In order to reap his reward, the
inventor is required or expected to visit every ship or shipowner at the
port, and endeavour to get the apparatus understood, believed in, and
adopted; and not at Leith only—at every Scotch port, every English port,
and every Irish port. But not to let British shipowners suffer by the
inequality of paying, while rivals use without paying, and at the same
time to promote his own interests, the inventor must take out Patents in
France, Belgium, Holland, and all maritime countries and their colonies.
After he obtains these many Patents he has to sell his apparatus at
all the ports of those countries. The first thing obvious is, that to
do a tithe of that work the inventor must relinquish his own business,
which is the solid beef in the mouth of the dog in the fable, for the
delusive shadow in the water. But never mind that in the meantime: after
the business is relinquished, there remains the insuperable difficulty
of conducting a business so much beyond the power of man as that I have
sketched. He might of course attempt to overcome that by appointing
agents to manufacture abroad or act abroad for him; but where is the
capital to hazard on so great an enterprise? If he were as rich as a
Rothschild, has he the gift of tongues to enable him to correspond in all
languages? And if he had, how can all this work, requiring simultaneity,
be done at once? The end, of course, must be, at the very best—the
Patents, if, indeed, actually taken, are sold for a trifle, and the
persons who secure them, which they only do if valuable, in their turn
sell, for a trifle too; so that the lucky inventor gets but little out of
the tens of thousands or hundreds of thousands of pounds which the public
are made to bear the burden of. _Ex uno disce omnes._
Public-domain text, read in full here on John Shaqi.
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