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
“The man who first made a hut,” says M. le Hardy de Beaulieu, “a piece
of furniture, a cloak, or some necessary of life, would no doubt have
thereby excited the envy of his neighbours, and he would frequently
have been deprived of these objects by violence or by strategy, before
it would be generally allowed that they ought to belong to him who made
them, and that it was at once the duty and the interest of the community
to guarantee him their possession against every attack.”
We acknowledge that the man who first constructed a hut was perfectly
right in making good his claim against those who would have deprived
him of it, and that he was justified in vindicating his claim by force.
He had employed his time and strength in building this hut; it was
undoubtedly his, and his neighbours acted up to their natural right and
in their own interests in helping him to oppose the intruder. But there
ended both the right of the individual and that of the community.
If this first man, not content with claiming his hut, had pretended
that the idea of building it belonged exclusively to him, and that
consequently no other human being had a right to build a similar one, the
neighbours would have revolted against so monstrous a pretension, and
would never have allowed so mischievous an extension of the right which
he had in the produce of his labour.
Nevertheless, this man had exercised imagination and combination; he
had invented the shape, the size, and the arrangement of the whole
structure; he was the first to conceive—probably after many efforts
of mind and thought, after long study, after observations made on the
nests of birds and the hut of the beaver—that pile of branches, of dead
wood, of leaves and of stones, of which its shelter is formed. He was
an inventor of the first class. How is it, then, that the sentiment of
justice which prompted him to claim his property did not prompt him at
the same time to claim exclusive possession in the idea, the result of a
long train of reflection? How is it that the same sentiment of justice
which induced his neighbours, the community, to lend him armed force
to preserve for him the possession of his hut, did not go so far as to
grant him a property in his idea? No one dreamed of asking him for the
permission to imitate what he had made; no one thought he was committing
a crime, or doing him a wrong, in making a copy of his hut.
Property can be a right only when its principles tend to the general
good and are useful in advancing the interests of the human race. And
if, in our day, imitation of an invention is not generally considered as
guilty an act as robbery of tangible property, it is because every one
understands the difference between an idea and a thing made or done.
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