Scientific Culture, and Other Essays: Second Edition; with AdditionsCooke, Josiah P., Jr. (Josiah Parsons)
Science
Scientific Culture, and Other Essays: Second Edition; with Additions
Cooke, Josiah P., Jr. (Josiah Parsons)
Science
Moreover, it is seldom if ever the case that a useful invention, meeting
a popular want, and therefore having a large commercial value, is in any
sense the product of one man. As a general rule, the patentee who enjoys
the right to the invention has actually added to the old stock only a
single detail. It may be that this detail was the one thing required to
make the invention practically useful; but it is certain that the
addition could never have been made if the previous knowledge had not
existed, and it is at least an open question whether the community ought
to grant to the last man an exclusive right to the whole inheritance.
Volta discovered--invented, if you please--the mode of generating a
current of low-tension electricity, which has been ever since, with
certain modifications, in general use; Oersted and Ampere discovered the
magnetic effects of this electrical current; Faraday, again, learned how
to produce an electric current from a magnet, and invented the original
dynamo-machine; Henry discovered the conditions under which the magnetic
effects of an electric current might be produced at great distances from
the source of the power. All these men were inventors of the highest
order, whose inventions have never been excelled either in the ingenuity
displayed, or in the influence exerted on the welfare of mankind.
Moreover, these far-reaching inventions were a willing contribution to
the world's knowledge, for which no pecuniary compensation was either
asked or received. Is it not, then, a question if any man of the present
day has a right to the exclusive use of these inventions; for writing
messages at a distance, for transmitting sound over wires, or for any
purpose whatsoever?
There is of course another side to the question, and I freely admit the
difficulty of the problem which our patent laws present; but I feel that
in their present condition they do more harm than good, and do injustice
more frequently than they protect right. I greatly doubt if it is safe
to grant by statute property in any invention or discovery beyond the
definite mechanical contrivance in which it is for the time embodied. To
grant the sole use of a well-known power of Nature to produce a specific
effect, although the effect be a novel one; to give the monopoly of a
process of Nature to the man who was the first to claim it; above all,
to grant the sole right to make a specified mixture of materials--is
certainly a policy which directly encourages vast monopolies, that tax
the public without rendering a corresponding benefit.
Public-domain text, read in full here on John Shaqi.
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