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
It has been proposed to replace Letters Patent by grants from
the national purse. This is to revert to an obsolete custom.
During the eighteenth century it was fairly tried, and the
result should serve as a warning now. Seventy thousand pounds
were distributed among plausible inventors in the course
of fifty years. The advantage to the public was _nil_. The
encouragement given to impostors was the only tangible result.
Johanna Stephens obtained 5,000_l._ for disclosing the secret
of her cure for the stone. A Mr. Blake got 2,500_l._ to assist
him in perfecting his scheme for transporting fish to London by
land, while a Mr. Foden was greatly overpaid with 500_l._, “to
enable him to prosecute a discovery made by him of a paste as a
substitute for wheat-flour.” Give a man a sum of money for his
invention, and you run the risk of paying him either too much
or too little. Give him a Patent, and you secure the invention
for the public, while his remuneration in money is absolutely
determined according to its value.
The _system_ of State-rewards has _not_ been tried. The reviewer’s
cases do not apply. The scheme that I submit could never be abused so
as to sanction such follies. It may not be a generous and royal way of
dealing with inventions, but it is equitable and safe; whereas, _pace_
the reviewer, the remuneration from a Patent is not at all “determined
according to its value” (that of the invention).
This interesting article is remarkable for what it omits rather than
what it contains. Like almost every, if not every, defence of Patents
which I have seen, it ignores the grand objection to Patents—their
incompatibility with free-trade. From the beginning to the end there is
not in the article the slightest allusion to the hardship they inflict on
British manufacturers in competing with rivals in home, and especially
in foreign, markets. Reformers of the Patent system fail to realise
this—that no conceivable mere _improvement_, even, though it should clear
away the present encumbrance of a multiplicity of trifling Patents, can
be more than an _alleviation_ of the mischief now done. The remaining
few would be the most important and valuable ones, and therefore the
most burdensome, because those which, on account of the heavy royalties
that will be legally claimed, must subject British manufacturers to the
largest pecuniary exactions—exactions that they cannot, but their rivals
often would, escape.
The writer of the article has a way of pooh-poohing adverse arguments,
even when he mentions them.
That no two men produce the same book is true. It is almost
as difficult for two men to give to the world two inventions
identical in every detail, and equally well-fitted to subserve
the same end. Much has been said about the ease with which this
may be done, but authentic proofs are lacking of this having
been done on a large scale.
And
Public-domain text, read in full here on John Shaqi.
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