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
which were useful to the public service. But that, he conceived,
would be a very different thing from an organised system of rewards
at all analogous to the present system of Patents. He might mention,
in passing, a third plan, which had found very able and authoritative
advocates, and which he should also greatly prefer to the present system,
although he thought total abolition would be better than that likewise.
He referred to the plan of putting an end to the notion that every
person who invented anything had a right to a Patent, and recurring to
what, he imagined, was originally the principle intended—namely, the
giving of Patents as a matter of grace and favour in well-selected and
discriminated cases, in the exercise of a discretion by an authority
entrusted with that discretion. But, as he had already said, he confessed
that he himself was not for half measures in that matter. He thought
they had a right, as the motion proposed, to say that at the period of
progress in the history of the arts and of trade in this country at
which they had arrived, they could do much better without these props.
He called them props because he thought they were meant to be so, but
he believed that at present they were nothing but obstructions and
hindrances to trade and the arts. Let him, in the first place, notice
the principle on which the Patent-Law was generally supported. Some
persons imagined that there was a sort of either moral or natural right
in inventors to some such protection as was given by Patents, and the
principle was sometimes expressed in this way—that a man had a right
to the fruit of his brain. Now, he held that invention and discovery
were essentially unlike Copyright. Copyright applied to a creation: a
man wrote a book; he thus brought into existence something which had no
existence in the nature of things before. The rest of the world were
not in the race with him to write that particular book. But in the case
of inventions and discoveries, the facts with which they were concerned
lay in Nature itself, and all mankind who were engaged in pursuits
which gave them an interest in the investigation for practical purposes
of the laws of Nature, had an equal right of access to the knowledge
of those laws and might be equally in the track for obtaining it. All
who were engaged in particular arts and manufactures were actually
upon the track which led to the discovery of the useful application of
those laws; and the knowledge of them was the common stock and property
of all mankind who were equally in pursuit of it. He could not allow
that the man who was first in the race of discovery could claim for
fourteen years, or any other term, an exclusive property in a portion
of the common stock of knowledge which was accessible to all who used
the proper means of discovering it. It could not be said that on any
considerations except those of public advantage and expediency the man
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account