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
There was no one better acquainted with that subject than a friend of
his—a gentleman very eminent both in science and in law. He meant Mr.
Grove; and those members of the legal profession who had to encounter Mr.
Grove in a Patent case knew they had a very difficult task indeed before
them. Now, here were the words of Mr. Grove in reference to that subject:—
“Always when a discovery has been made when the public has
reaped the fruits of it, there is no case, and never was a
case, either in the history of pure science or in the history
of practical discovery, where it is not alleged, ‘If you look
at such a book and such another book, you will find that so
and so has been done, and you will find that it has been
anticipated.’ That is partly true and partly false. There are
in all such cases approximate anticipations. The difference
is, that one man gets at the points, hits the real thing which
will do it, and the reason why it will; whereas other people,
although they may have got the thing, have not acquired an
accurate knowledge which will enable them with certainty to
produce it.”
That showed the House that the race was often so close that even the
man who had hit the thing might be shut out by somebody else who did
it a trifle better. Nothing could be more true than that. Would the
House allow him to quote the example of a very important Patent, which
he thought would make the matter clear, and indicate how much they
might lose by a system of that description. For a very long time the
distillation of oils from shale and coal had been a matter of the
common knowledge—aye, and of the common practice, of mankind. Early in
the present, or towards the end of the last century, it was practised
by means precisely similar in all points to those which the present
patentees used in this country. But it was not known commercially that
there was such a thing as paraffin, nor was it known commercially how
to distil it. The oil was, indeed, obtained in a rough way, and without
that nicety of discrimination which afterwards resulted from scientific
knowledge of the article itself. All chemists knew that in order to
distil these oils it was necessary to keep the temperature as low as
possible. This was the state of knowledge when a great German chemist
discovered that by operating on wood, tar, and other substances, he could
produce paraffin in small quantities. He also said it could be got from
coals in precisely the same way as was subsequently done by patentees
in this country. But still the German chemist’s experiments were of a
scientific and not of a commercial character. He neither produced it
commercially nor did he hit upon the material from which it could be
commercially produced. The same oil could be produced from shale. Only
the other day there was discovered in Scotland a new kind of mineral, as
to which the scientific world were at variance whether it was coal or
shale.
Public-domain text, read in full here on John Shaqi.
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