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
Secondly: Patent-right cannot be justified on the lower ground of
expediency. The object of a Patent-Law, in the supposed interest of
the community, is to stimulate invention. But invention needs no
artificial stimulus. Nature has amply provided all needful and wholesome
encouragement, in the additional profit afforded by improved methods of
production. In the natural course of business, every producer is spurred
on by his material interests to invent for himself or to encourage
the inventions of others. The whole history of industrial progress is
an unceasing striving after improvement, with a view to profit. The
few thousand patented inventions are as nothing compared with the
innumerable improvements produced daily and hourly in the ordinary
course of business, with the vulgar view of gain. The best stimulus
to invention, therefore, will be found in the natural competition
of producers; but Patent-Law destroys this competition by an unjust
monopoly, and thus tends indirectly to weaken the natural impulse to
improvement.
Invention may be even over-stimulated. In all her arrangements, Nature
provides for a due equilibrium of powers and tendencies. Thus the various
faculties and temperaments of man—the sanguine and the cautious, the
speculative and the practical—are nicely balanced. The result, when
things are left to themselves, is a happy combination of ingenuity
and caution, and, as a consequence, a continuous but prudent course
of improvement. But if, by conventional rewards, we give a factitious
impulse to the inventive faculty, we destroy the natural equilibrium of
capacities, and foster a scheming, fanciful turn of mind, at the expense
of thoroughness and a patient working out of sound ideas. This result
has actually occurred in the United States, where the factitious value
attached to invention has tended to produce an almost total sacrifice of
solid workmanship to a flimsy ingenuity.
Patent-Law does not even attain its proposed end of quickening the
progress of real improvement; on the contrary, it is found in practice
seriously to hinder it, the monopoly granted to one inventor necessarily
obstructing the progress of every other. Hence, an eminent inventor
has lately said: “The advance of practical science is now grievously
obstructed by those very laws which were intended to encourage its
progress.” That Patents seriously obstruct the natural development of
ideas, is best seen by the sudden advance which usually follows the
expiry of important Patent-rights. The natural course of improvement,
dammed back by artificial obstruction during the continuance of the
Patent, is set free on its conclusion, and a new impulse is given to the
development of ideas and their practical application.
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