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
Napier, the discoverer of logarithms, has rendered the most signal
service to calculators and navigators; but can his invention, the
knowledge of which may, either orally or by the printing-press, be
extended indefinitely—which any one may use privately, in the quiet of
the study—be put upon the same footing as landed property, which a single
man may cultivate—as house property, which may belong to one or several,
and which cannot be seized upon without its being observed, and to the
great scandal of all? Evidently not.
And if the law has never tried to appropriate inventions of this class,
it is because there must be something tangible, limited, and final,
giving the power to regulate its employment or possession.
It is not correct to say, besides, that the inventor does not deprive
the community of any portion of the common property which it possessed
before the invention. Before the invention the thing discovered existed
in embryo—in nature. This germ was multiple; it existed as frequently as
there were men; and the inventor pretends, by the property in it which he
claims, to deny it to all others and to hinder its germination.
The right of the inventor is limited to that of working out his idea; it
is identical with that of a man who has discovered and cleared a field;
but it is not, like his, exclusive. He who invents and he who clears can
possess their property as long as they like and as they like; but there
is this difference between the field and the invention: the first can be
cultivated only by one without doing an injury to the proprietor, while
the invention may be used by several without hindering, diminishing, or
suppressing the working of it by the inventor.
I have cleared a field, and cultivate it; if one of my neighbours desires
also to cultivate the same field, he hinders me from exercising my
right—he interferes with my working—he dispossesses me.
I have discovered the combustible nature of coal: in what way does my
neighbour, who cooks his food on a coal fire, hinder me from exercising
my right, or interfere with the working of my faculties? of what does he
dispossess me?
III.
We have not, as we think, to take into consideration more or less the
difficulties of inventors; we have not to inquire if every invention
requires a more than ordinary degree of intelligence, special knowledge,
great perseverance, &c. There is a multitude of occupations in life
which require all these qualities, but no one has ever pretended that on
account of these qualities, probable sources of success for them, they
had a right to any favours, immunities, or privileges.
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