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
But the public is not the only sufferer by Patent-right. Without doubt
the heaviest evil falls on the patentee. The inventor is led to give
an excessive development to his talent, and is seduced into reliance
on a law that can give him no substantial protection. The difficulty
of defining original inventions is a practical bar to a satisfactory
Patent-Law. The whole history of Patents is a long-continued story of
litigation and disappointment; and the more admirable the invention, the
greater is the certainty of difficulty and loss. It must be a worthless
invention that the patentee is left to enjoy in peace. Whenever a Patent
is worth pirating, the inventor may depend on being involved in a maze
of litigation that disturbs his peace and ruins his fortunes. And the
more the Patent privilege is extended, the worse the evil becomes; the
intricacy and the multiplicity of details baffling every attempt to
define the rights of competing inventors.
At this moment the heaviest complaints against Patents come from our
great inventors. They repudiate the proffered privilege as “injurious
to inventors,” and complain of being “borne down by an excess of
protection.” As is natural, they who are most occupied with the
advancement of invention, feel most acutely the grievous obstructiveness
of the Patent-Law. Not enough that they have to battle with natural
difficulties; at every step they meet obstructions which a well-meaning
but perverse law places in their way. Nor do these obstructive privileges
confer any real advantage on the empty schemers whose monopoly they
establish: they merely give them the vexatious power of hindering the
progress of better men. The mere “pen-and-ink inventor” has neither
the energy, nor the perseverance, nor the practical ability to mature
his crude “idea;” but to this man the law awards the dog-in-the-manger
privilege of effectually obstructing the natural progress of practical
improvement.
These practical evils the advocates of Patent-Law do not deny; but
they attribute them to the defective execution of the law, not to its
vicious principle. Hence a never-ending cry, as in the case of all bad
laws, for more legislation, for more stringent regulation, for stricter
investigation, and more thorough registration of Patents. But no
tinkering at details can avail. The whole system is radically unsound;
and the only effectual remedy is to lay the axe to the root.
Public-domain text, read in full here on John Shaqi.
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