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
M. le Hardy de Beaulieu further adds, that “the inventor, in taking
exclusive possession of his idea, harms no one, since he leaves all
which previously existed in the same condition in which he found it,
without in any way lessening the social capital on which he drew.” We
should require, however, to come to an understanding as to what may be
called the social capital; for if the exclusive property of invention had
existed from the germination of the idea which led to the construction
of the first hut to the making of the earliest weapons, tools, and
furniture, it is difficult to know where we should find it. By putting
property in invention on the same footing as property in the soil, all
that man uses or consumes would belong to the descendants of the first
inventors, and every one would require to pay a sort of rent for its
use. The inventor of the wheelbarrow would have to pay a royalty to the
inventor of wheels, and the maker of the plainest pump would pay an
annual rent to the inventor of the lever or piston; there would not,
there could not, be any social capital.
But it is wrong to say that the exclusive possession of an idea hurts no
one, because it leaves what previously existed in the same condition.
I, or my neighbour, might put together ideas to form the basis of an
invention; this faculty of combination belongs to each of us; with
exclusive possession it belongs only to one. It cannot be said, then,
that no one is hurt, and that everything remains in the same position.
After having said that the property of invention is in every respect
similar to property in the soil, M. le Hardy de Beaulieu places,
nevertheless, boundaries to the extent and duration of the first. He
says: “It is not meant precisely that property in an invention ought
to extend over the globe, nor that its duration should have no limit in
time; all property, in fact, is bounded by the cost of preservation,
maintenance, and working, which it requires, already, long before the
limit of space or time when the produce of the property no longer covers
the expense, the proprietor does not require to defend it against
seizure, and from that time it becomes public property.”
It follows that property of invention is not identical with property in
land or other material objects. A diamond which belongs to me in any
corner of the globe, the cotton stuffs which I have sent to Bombay or
Saïgor, are still my property until I have voluntarily ceded them. My
descendants, or those of some rightful owner, will cultivate in four or
five hundred years or more the field which I may now possess. There is no
limit of time nor of space for real property; it remains for ever.
V.
Public-domain text, read in full here on John Shaqi.
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