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
who made the first discovery of a law of nature, or the right mode of
applying it had an exclusive right to apply that discovery for a certain
period. It was said, however, that Patents were useful to the public,
either as stimulating invention, or as insuring the publication of useful
discoveries; and he did not venture to say that the time might not have
been when they answered both of those purposes. Bounties and premiums
might be adapted to a rude state of the arts, and an early stage in the
progress of commerce, but when a nation had reached so high a degree of
progress in all ingenious arts and discoveries and in trade and commerce
as we had, he thought that in this department, as well as in others, the
system of bounties and premiums was much more likely to be mischievous
than useful. But of course one could not demonstrate that point by
resting merely on an abstract proposition, and therefore he would ask the
House to look at two or three things which it seemed to him would put the
matter in a strong practical light. Patents might be divided into those
which might be popularly called meritorious, and those which were not
meritorious. The former class were certainly not one in a hundred of the
total number of Patents, and the latter class were very numerous in every
year. How, then, did the system work as regarded meritorious Patents? He
supposed it would be admitted that among the most meritorious discoveries
of recent times were the steam engine, the electric telegraph, and the
screw propeller for ships. These cases furnished excellent illustrations
of the way in which the Patent system worked. Take the electric
telegraph. According to the evidence on the subject it was not possible,
even for those who best understood the matter, to say who was entitled
to the merit of that invention, so gradual and imperceptible was the
natural growth and progress of knowledge and discovery in reference to
it. But about 400 or 500 Patents had been taken out as marking different
steps in the investigation of that subject. As to the screw propeller, he
had seen a book which represented the collected Patents of one company
as being 90 or 100; and he understood that the case was very much the
same in regard to the steam engine. They were not dealing, in the case
of the most meritorious inventions, with a true discovery by a single
inventor, but with an important branch of practical knowledge at which
many men were working at the same time, and in regard to which each step
attained indicated the next step that was to follow, and many persons
together were on the road. Well, but if they were on the road, the public
would get the benefit of the discovery, and the question was whether, by
enabling each person on the road to stop up the road at his particular
point, they were not really retarding the progress of discovery, and
throwing difficulties in the way of even the most valuable inventions.
Public-domain text, read in full here on John Shaqi.
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