System of Economical Contradictions; Or, The Philosophy of MiseryProudhon, P.-J. (Pierre-Joseph)
Philosophy
System of Economical Contradictions; Or, The Philosophy of Misery
Proudhon, P.-J. (Pierre-Joseph)
Economics
Why, in the first place, a TEMPORARY monopoly in manufacture,
while land monopoly is PERPETUAL? The Egyptians were more
logical; with them these two monopolies were alike hereditary,
perpetual, inviolable. I know the considerations which have
prevailed against the perpetuity of literary property, and I
admit them all; but these considerations apply equally well to
property in land; moreover, they leave intact all the arguments
brought forward against them. What, then, is the secret of all
these variations of the legislator? For the rest, I do not need
to say that, in pointing out this inconsistency, it is not my
purpose either to slander or to satirize; I admit that the course
of the legislator is determined, not by his will, but by
necessity.
But the most flagrant contradiction is that which results from
the enacting section of the law. Title IV, article 30, % 3,
reads: "If the patent relates to principles, methods, systems,
discoveries, theoretical or purely scientific conceptions,
without indicating their industrial applications, the patent is
void."
Now, what is a PRINCIPLE, a METHOD, a THEORETICAL CONCEPTION,
a SYSTEM? It is the especial fruit of genius, it is invention
in its purity, it is the idea, it is everything. The application
is the gross fact, nothing. Thus the law excludes from the
benefit of the patent the very thing which deserves it,--namely,
the idea; on the contrary, it grants a patent to the
application,--that is, to the material fact, to a pattern of the
idea, as Plato would have said. Therefore it is wrongly called a
PATENT FOR INVENTION; it should be called a PATENT FOR FIRST
OCCUPANCY.
In our day, if a man had invented arithmetic, algebra, or the
decimal system, he would have obtained no patent; but Bareme
would have had a right of property in his Computations. Pascal,
for his theory of the weight of the atmosphere, would not have
been patented; instead of him, a glazier would have obtained the
privilege of the barometer. I quote M. Arago:
After two thousand years it occurred to one of our
fellow-countrymen that the screw of Archimedes, which is used to
raise water, might be employed in forcing down gases; it
suffices, without making any change, to turn it from right to
left, instead of turning it, as when raising water, from left to
right. Large volumes of gas, charged with foreign substances,
are thus forced into water to a great depth; the gas is purified
in rising again. I maintain that there was an invention; that
the person who saw a way to make the screw of Archimedes a
blowing machine was entitled to a patent.
What is more extraordinary is that Archimedes himself would thus
be obliged to buy the right to use his screw; and M. Arago
considers that just.
Public-domain text, read in full here on John Shaqi.
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