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 useful discovery has quite as much, or more, chance of
making a fortune as the manufacturer who confines himself to the beaten
tracks, and only employs the known methods; this last has had quite as
much risk of being ruined as any searcher after discovery. We believe
that they are on an equality as to position; for if the inventor may be
ruined in not finding what he seeks, the manufacturer may see all his
looms or his machines rendered useless, all his outlets closed, by the
introduction of a cheaper means of production. Why make a golden bridge
for him who enters the arena with arms more subtle and more finely
tempered than those of his adversary?
Notice that the manufacturer also renders a service to the community—no
doubt in seeking his own profit; but is it not so with the inventor? Why
then demand a reward for the one which is not asked for the other?
The manufacturer who, in using the old looms, manages his factory so as
to reduce his prices by 10 or 20 per cent., and who in consequence can
furnish stockings (supposing him to be a stocking manufacturer) to a
number of those who were not rich enough to buy them at the old prices,
undoubtedly does a service to the community equal to that which it would
receive from the invention of a machine which would make the stockings 10
or 20 per cent. cheaper.
The farmer who by superior ploughing, more skilful manuring, or more
careful weeding, increases the yield from two to three quarters per
acre—does not he also render a signal service to the community?
The sailor, who finds the means of shortening voyages by utilising
certain currents or winds, in modifying the spread of his sails, &c.—does
not he increase the gratuitous natural forces placed at the disposal of
the community?
Why, then, if there is question of rewarding this class of services,
should they not ask for privileges, favours, and exclusive rights? Why
not go so far as forbid any one to arrange his factory on the plan of the
manufacturers of whom we have been speaking? Why not forbid any farmer
to weed, plough, or manure, like his neighbour; or any sailor to follow
the track of the first, without paying to those who gave the example a
previous and perpetual royalty?
IV.
“The property of an invention having required for its creation the same
labour as that of the soil, and this work offering less chance of success
and results of probable less duration, it is as legitimate at least as
landed property,” says M. le Hardy de Beaulieu; “and there is no argument
against it which may not be applied with equal force to the individual
and permanent occupation of the soil.”
The soil, to render all the productions that the community has a right
to expect from it, ought to become and remain a personal individual
property. Invention, on the other hand, cannot give all the results that
society can draw from it, unless it be public property.
Public-domain text, read in full here on John Shaqi.
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