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
Herein lies the immense and irreconcilable difference between property
in land and that of invention. Besides, land cannot become unfertile,
unproductive, or lose all its value as property, except by some
convulsion of nature which would deeply unsettle it. An invention, on the
contrary, may become quite valueless in ten years, one year, a fortnight
even, after being discovered, and that by the superiority of a subsequent
invention.
What becomes, then, of the property of this invention? What is its worth?
Has the inventor a right to damages?
If you construct near my field a factory from which escape noxious
vapours, hurtful to vegetation, and if I can show that you have
deteriorated or destroyed my crops, you, according to the laws of every
civilised nation, owe me damages; would you claim damages of the
inventor, whose discovery had rendered that of one of his predecessors
partially or completely unproductive? If property in invention is equal
to property in the soil, damages are incontestably due. We do not think
that a single advocate for this class of property has, however, dared to
carry his logic thus far.
The proprietor of a field may leave it uncultivated, the proprietor of a
house may leave it shut up as long as he likes; no law obliges to put in
a tenant, or to open it for lodgers. The laws of all countries contain,
with slight modifications, the following clause, quoted from Art. 32 of
the Law of 1844:—“Will be deprived of all his rights ... the patentee
who shall not have commenced the working of his discovery or invention
in France within two years, dating from the day of the signature of the
Patent, or who shall have ceased working it during two consecutive years,
unless that, in one or other case, he can satisfactorily explain the
causes of his inaction.”
It would be very easy for us to cite other differences in the nature
of these two classes of property; we shall only refer to one more,
which points out how solid is the property in land, and how uncertain
and ephemeral the so-called property of invention. Land, considered as
property, increases in value from day to day; there is no invention whose
value does not diminish daily.
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