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
A sentimental plea in favour of Patent-right has been set up by some, on
the ground that the inventor—the man of thought, as he is called—must
be saved from the toils of the capitalist, ever ready to prey on his
superior intellect. This silly sentimentalism could only originate in an
utter ignorance of the relations which naturally subsist between capital
and talent. The capitalist is the natural ally of the inventor, whom
it is his interest to employ and encourage. It is a chief part of the
business of every producer to search out every one who can help him to
improved methods of production; and the remuneration which, in one shape
or another, it is the interest of the capitalist to offer to the really
clever inventor, will always form a surer and more substantial reward
than the delusive privilege of a legal monopoly. As to the complaints
we hear of neglected talent, we may safely conclude that they arise
more from the exaggerated pretensions of conceited schemers, than from
any obtuseness to their own interests on the part of practical men of
business, who refuse to profit by their inventions.
On the whole, Patent-Law seems a blunder, founded on the antiquated
notion of giving State encouragement to certain favoured modes of human
activity. It is no part of the duty of the State to stimulate or reward
invention; the true function of Government is to protect, not to direct,
the exercise of human energy. By securing perfect freedom to each
individual, we shall best provide for the progress of the community; nor
can any law be conceived more detrimental to the common weal than one
which lays restrictions on perfect freedom of thought.
ARE INVENTIONS PROPERTY?
BY M. T. N. BENARD, EDITOR OF THE “JOURNAL DES ECONOMISTES,” JULY, 1868.
(_Translated and Reprinted by his obliging consent._)
In the number of the _Journal des Economistes_ for last December there
appeared a very conscientious paper on “Property in Inventions,” by our
learned colleague, M. le Hardy de Beaulieu. We would have preferred that
some master of the science had published an answer to this article, which
it seems to us is based on a wrong principle, and that he had given to
the readers of this journal the opposite view of those ideas so ably set
forth by the honourable Professor of Political Economy at the Belgian
“Musée de l’Industrie.”
We believe that this question has acquired sufficient importance and
reality to merit being fully argued and cleared up; and, no other having
taken up the pen in answer, we shall endeavour to set forth the principle
which alone appears to us true and admittable.
We throw out these ideas for discussion, hoping that the subject will be
taken up by one of our masters in the science, and that this great debate
will be carried out in a manner suitable to the imperishable doctrines of
justice and equity, which form the basis of political economy.
I.
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