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 inventor of a particular weapon, or certain furnishings, or tools,
had all possible rights in the constructing and possession of these
weapons, furnishings, or tools; but these rights could not be extended
to the hindering of his neighbours from making tools, furnishings, or
weapons, in every way similar. If the community had admitted an exclusive
right in these inventions, it would have died in its germ, civilization
would have been a dead letter, and man would have been unable to fulfil
his destiny.
Thus far, then, there was not, nor could be in principle, any question
of exclusive right of invention. This right was only thought of when
all notions of social right had been obscured by laws which, like that
of Henry II., declared that the right of labour belonged to the Crown,
and when there had grown up the idea of licensing labour and granting
exclusive privileges for its exercise. The institution of the pretended
property in inventions was a retaliation against the suppression of the
abusive right of masterships and corporations.
II.
Doubtless invention, as M. le Hardy de Beaulieu remarks, consists in
the discovery of a new scientific principle; but we cannot admit, with
the learned Professor, that the new application of a principle already
known, that the discovery of a natural agent hitherto unknown, or of new
properties or other modes of action of natural agents, or of materials
previously discovered, are inventions.
It is probable that coal was known long before any one thought of putting
it in a stove to be used as fuel. It is certain that stone was known long
before any one thought of employing it in the construction of walls.
To pretend that the discovery of the combustible quality of coal, or
of the use to which stone might be put, gave a right to the discoverer
to exact from his neighbours the payment of a royalty before employing
this fuel, or this material for construction, is also to grant that he
who, centuries before, had thought of burning wood to warm himself, or
of seeking the shelter of a cave, ought also to be recompensed for the
trouble he had in discovering, appropriating, and working out either this
source of heat or this means of shelter.
Invention, we acknowledge, consists in the discovery of a new scientific
principle; it can often place, as M. le Hardy de Beaulieu says, new
gratuitous forces at the disposal of the community; but does it follow
that the inventor has an exclusive right in the property of this
discovery? We think not. The inventor of the compass, whoever he was, has
rendered an immense service to the community; but could his invention be
claimed as private property? Does it not, on the contrary, enter with
perfect justice into the public domain?
Public-domain text, read in full here on John Shaqi.
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