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
To the tanning of hides they add currying, shamming, graining, polishing,
&c. Are these services which cannot be sufficiently rewarded in the
free working of the idea? Are they services which exceed by a hundred
cubits those rendered by great manufacturers, large capitalists, intrepid
seamen, or profound thinkers? And if, carrying out the argument of M. le
Hardy de Beaulieu, we should say, credit being necessary to the progress
of the community, and being realisable only on condition of a just and
ample remuneration for the exceptional labour which it requires, and of
a recompense proportionate with the risks incurred, the community ought
to grant to the bankers exceptional rewards, or assure to them a special
and perpetual privilege,—should we not be going on the premisses of the
learned Belgian Professor?
No doubt that branch of credit, the issue of notes, is at present allowed
in many countries to the great privileged banks; but may not the same
arguments apply to discount, the receiving of deposits, quite as well as
to the issue of notes?
VI.
To admit, with M. le Hardy de Beaulieu, “that the rights of inventors
are useful even to non-inventors,” we must allow that the progress of
invention would be stopped if the privileges guaranteed by Patents
were withdrawn. Now, we have already said that all human history up to
a very recent period demonstrates the weakness of the assertion. Man
has invented from the time he began to think and compare, and he will
continue to invent while he exists on this planet. Invention is nothing
else than thought.
If, as M. le Hardy de Beaulieu says—but which we doubt—there be no
fear that property in invention allows the inventor to exact for his
services a higher price than they are worth, neither need it be feared
that the absence of this right of property would hinder the inventor
from obtaining by his discovery all the profit which he has a right to
expect from it. This fear would only be justified in the event of his
being deprived by law of the right of using his own discovery. Now, this
right remains intact; only it is not exclusive. If the inventor saves
labour or outlay, the inventor will profit by this saving, like his
neighbours; he will profit by it before his neighbours; he will profit by
it exclusively so long as he can keep his secret, and while his opponents
are establishing rival works on the same principle.
M. le Hardy de Beaulieu tells us that the inventor can never take
advantage of his property to hold an unjust and injurious monopoly.
Public-domain text, read in full here on John Shaqi.
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