The Writings of Thomas Jefferson, Vol. 6 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and PrivateJefferson, Thomas
History
The Writings of Thomas Jefferson, Vol. 6 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and Private
Jefferson, Thomas
United States -- Politics and government -- 1775-1783; United States -- Politics and government -- 1783-1865
applied, may have a patent for the exclusive right to that application?
and may exclude all others, under penalties, from so using their hoe,
spade, or axe? If this be the meaning, my opinion that the legislature
never meant by the patent law to sweep away so extensively the rights
of their constituents, to environ everything they touch with snares,
is expressed in the letter of August 13, from which I have nothing to
retract, nor ought to add but the observation that if a new application
of our old machines be a ground of monopoly, the patent law will take
from us much more good than it will give. Perhaps it may mean another
thing, that while every one has a right to the distinct and separate use
of the buckets, the screw, the hopper-boy, in their old forms, the patent
gives you the exclusive right to combine their uses on the same object.
But if we have a right to use three things separately, I see nothing in
reason, or in the patent law, which forbids our using them all together.
A man has a right to use a saw, an axe, a plane separately; may he not
combine their uses on the same piece of wood? He has a right to use his
knife to cut his meat, a fork to hold it; may a patentee take from him
the right to combine their use on the same subject? Such a law, instead
of enlarging our conveniences, as was intended, would most fearfully
abridge them, and crowd us by monopolies out of the use of the things
we have.
I have no particular interest, however, in these questions, nor any
inclination to be the advocate of either party; and I hope I shall be
excused from it. I shall acquiesce cheerfully in the decisions in your
favor by those to whom the laws have confided them, without blaming
the other party for being unwilling, when so new a branch of science
has been recently engrafted on our jurisprudence, one with which its
professors have till now had no call to make themselves acquainted, one
bearing little analogy to their professional educations or pursuits. That
they should be unwilling, I say, to admit that one or two decisions,
before inferior and local tribunals, before the questions shall have
been repeatedly and maturely examined in all their bearings, before
the cases shall have presented themselves in all their forms and
attitudes, before a sanction by the greater part of the judges on the
most solemn investigations, and before the industry and intelligence
of many defendants may have excited to efforts for the vindication of
the general rights of the citizen; that one or other of the precedents
should forever foreclose the whole of a new subject.
To the publication of this answer with your letter, as you request, I have
no objection. I wish right to be done to all parties, and to yourself,
particularly and personally, the just rewards of genius; and I tender
you the assurances of my great esteem and respect.
TO JOSEPH C. CABELL, ESQ.
MONTICELLO, January 17, 1814.
Public-domain text, read in full here on John Shaqi.
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