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
These were examples which it would be very easy indeed to multiply, and
if the objections he had urged against the meritorious Patents were
well founded, what could be said in favour of the large proportion of
Patents which were thus simply obstructing the trade and commerce of the
country? Could any one doubt that in this advanced era of knowledge the
public would gain, on the whole, by the abolition of the Patent-Laws?
Before he left that part of the subject he wished to mention one very
pregnant fact. There was in this country a powerful consumer—he meant the
Government—which, with respect to fire-arms, cannon, ships, and things of
that sort, would be placed in a very singular position indeed if it were
subject to the Patent-Laws. During the time he had the honour of being a
law officer of the Crown, an extensive war was, as the House was aware,
unfortunately raging, and a large number of Patents had come under his
consideration in connexion with so-called improvements in ordnance and
ships. It would be seen from the evidence to which his honourable friend
had referred that the authorities at the War-office and the Admiralty
had patentees swarming like hornets about their ears, and that the
public service seemed, in consequence, likely to be obstructed to a very
inconvenient extent. The question was then tried whether the Crown was
bound by Patents at all, and a decision was obtained to the effect that
it was not. But while the Crown was free it should be remembered that the
people at large were subject to the law as it stood, and if in the case
of the Government the claims of patentees were found to be monstrously
inconvenient, it might not be difficult to believe that they operated
in the same way in the case of the rest of the world also. He should
not enter into the minor details of the improvements which had been
recommended by the Commission, but there was another point to which he
wished briefly to advert before he sat down; he alluded to the question
of the protection of the public against invalid and bad Patents. The
whole argument in favour of Patents proceeded on the supposition that
the public were likely to be really benefited by some discovery which was
worth the price of all the inconvenience and obstruction to which they
were exposed under the present system. But if they said that they gained
nothing by the Patent, and that they only wanted to be set free, what
was the position in which they stood in reference to the cardinal point
of protection against bad Patents? Was there really any protection in
that respect in the duties which were discharged by the law officers of
the Crown? It was impossible for the law officers of the Crown, acting
on the mere statement of the patentee, to know with certainty whether
a so-called discovery was new or not. They could only examine into the
question whether an alleged invention, as described on the face of it,
was or was not satisfactory, but they could in no way protect the public
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