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
We will quote one example of a thousand from M. Louis Reybaud’s excellent
work on wool. Speaking of the wool-carding machines, the learned
Academician thus writes: “There may be cited twenty names engaged
in these discoveries, incomplete as a whole, almost all fortunate
in some detail. What is incomplete is laid aside, what is fortunate
is so much gain; the new comers discriminate and choose. After a
period of twenty years there are only three processes in use—those of
Leister, Hellsmann, and Hubner; of analogous merit, and each having its
partisans. Will they strive one with another? No, they compromised. M.
Holden gets the assignment, and also acquires, either by purchase or
by judicial decisions, the rights of Donisthorpe, Noble, and Croft.
Messrs. Schlumberger and Co., the assignees of Heilman, retain only
the manufacture of certain machines. We may imagine the wealth of a
business established on so many purchases and decisions. M. Holden has
added inventions of his own, and _he may be considered the master of
wool-carding until his Patents expire_. Nothing is more interesting
than the answers he gave on this subject before the Commission on the
Commercial Treaties. On his own avowal he is proprietor of 45 Patents,
28 taken by himself, and 17 purchased from others. In these 45 are good,
middling, and bad. He works them all _in obedience to the law_ and _to
guard against lapses_. In the bad, as well as the good, there is an idea
to defend and a chance of upsetting; he fears that in abandoning them
they might be used against him; _for one machine in constant use there
are forty-four which make a pretence of working; he does not hide it—it
is his interest to hinder, as much as to work_.
What would it be if, as it is demanded, property in invention, put on the
same footing with property in the land, were perpetual? By the present
system it may be the interest of one man to fetter improvement, and,
having acquired the mastery of it, to mortally wound it wherever it
appears! Is this not already too much the case?
Must we, then, repeat what reason and experience teach us, that unjust
exactions cannot be made under a system of open competition, but always
spring up under the shelter of privilege?
VII.
The eminent Professor of the “Musée de l’Industrie Belge” makes a just
and well-founded criticism on the diverse laws of different countries
relating to Patents. Usually law-makers do not appear so perplexed, nor
contradict themselves so frankly; this is because, when we forget what
is right, when we leave principles to make a legal caprice, we sail over
unknown seas, where no lighthouse guides us, nor compass shows us the
right direction.
He attributes to the defective state of these laws “the almost unanimous
censure displayed either against the legislation or against property in
inventions.”
Public-domain text, read in full here on John Shaqi.
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