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
Again, then, we ask for proofs of the allegation that six men
are often on the track of the self-same invention.
Why, the simultaneousness, or rapid succession, of identical inventions
is notorious.
He goes in the face of the strongest evidence when he says—
It is doubtful even if these objectionable Patents do any real
harm. An invention which will answer no purpose is simply
useless, whether it be patented or not.
And, elsewhere,
The truth must not be blinked that, if a multiplicity of
worthless Patents be an evil, if the profits of manufacturers
are diminished owing to the battle they have to fight with
patentees, if the bestowal of Patent-right be the source of
mischief and the occasion of pecuniary loss, the like complaint
may be laid at the door of Copyright, and its abolition might
be demanded with as great a show of fairness.
How lightly he can regard arguments of his opponents is also seen in the
following passage:—
Another of Lord Stanley’s objections is that the right man
hardly ever gets the reward. As he puts it, litigation being
costly, and the grant of Patent-right merely amounting to
permission to take legal proceedings against infringers, the
poor man has no chance of asserting and defending his rights.
“If a poor inventor took out a Patent, and the Patent promised
to be productive, in nine cases out of ten he was obliged to
sell it to some one who could command capital enough to defend
it in a court of law.” We submit this proves nothing more than
that the poor inventor, in nine cases out of ten, deserves our
pity. But then, if these nine inventors are unfortunate, that
does not justify the ill-treatment of the tenth.
The source of the writer’s idea, that cessation of Patents is
ill-treatment, lies in the assumption which pervades the whole article,
that to inventors belongs property in inventions—_i.e._, _exclusive_
right of property; or, in other words, right to require the State to use
its power to prevent other persons from doing what they do, and what
every other man has a natural and inalienable right to do.
Still further: shutting his eyes to the difficulty of mollifying the
grievance of invention monopoly by means of “_compulsory licences_,”
which the Royal Commission declared they found no way of rendering
practicable—and, I add, if practicable, would be no cure of the evils,
which are radical—he writes—
If to this were added a system of compulsory licences, the
amount of royalty to be determined by a tribunal, in the event
of the parties failing to come to terms, nearly all the really
serious and valid objections to the working of a Patent-Law
would be obviated.
Yet, believing himself the friend of _the public_, in spite of all the
strong arguments _against_ his views and the little he himself adduces
_for_ them, he very complacently tells us—
Public-domain text, read in full here on John Shaqi.
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