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
inventors the rewards to which they might think themselves entitled. The
distribution of the rewards would give rise to endless complaints, and
would occasion, however unjustly, suspicions of jobbing and partiality.
With regard to the suggestion thrown out by the honourable and learned
gentleman, of the possibility of granting Patents, not as a right, but as
matters of discretion only in certain limited and important cases, the
Select Committee considered that point, and he was bound to say that the
difficulty of carrying it out appeared to his mind almost insuperable.
There would be found great difficulty in drawing the line, and it would
not be an easy matter for any one to exercise so large a discretionary
power as to decide to what inventions Patents should or not be granted.
He did not know what tribunal would be fit to exercise so great an
authority, and he was sure that none would be able to exercise it in a
manner to give satisfaction to the public. The most fit persons to decide
in such a case would be the first to see the difficulty of deciding on
any intelligible principle, and would on that ground decline to undertake
the duty. Under these circumstances it appeared that they were landed in
a position of great embarrassment. He was convinced that the Patent-Laws
did more harm than good, and if called on to say aye or no as to their
continuance, he should certainly give his vote against them; but, as this
was a matter which required particularly careful handling, he should be
content to leave the question in the hands of the Government, and he
thought it was well worth consideration whether they could not, starting
on the ground that the abolition of the Patent-Laws, wholly or partially,
was desirable, institute some inquiry with the view of discovering, if
possible, the best substitute for them in certain cases.
PATENT RIGHT.
_Paper by Mr. J. Stirling, Presented to the Glasgow Chamber of Commerce,
and published by permission._
First: Patent-right cannot be defended on the ground of justice.
The object of a Patent-Law is to establish a “property in ideas:”
but this involves the double fallacy that thought can and should be
appropriated. The end of all law is to ensure the universal freedom of
human action. Hence the law of property secures to every man the product
of his own labour. It gives to each an exclusive right to the material
embodiment of his productive energy, to be possessed or alienated by him
at will. But in so doing it leaves unrestricted the productive energy of
every other man. The freedom of one (as represented by his property) is
thus consistent with the freedom of all.
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