,,recent ,,discussions ,,on ,,the ,,abolition ,,of ,,patents ,,for ,,inventions ,,in ,,the ,,united ,,kingdom1 ,,france1 ,,germany1 ,,and ,,the ,,netherlands4 ,evidence1 ,speeches1 and ,papers in its ,favour ,,by ,sir ,,william ,,armstrong1 ,c4,b42 ,m4 ,,benard1 ,editor of the 8,sicle0 and 8,journal des ,economistes20 ,count ,von ,,bismarck2 ,m4 ,,chevalier1 ,senator and ,member of the ,institute of ,france2 ,m4 ,,fock2 ,m4 ,,godefroi2 ,mr4 ,,macfie1 ,m4,p41 ,director1 or ,member1 of the ,liverpool1 ,edinburgh1 and ,leith ,chambers of ,commerce and ,merchants' ,house of ,glasgow2 ,sir ,,roundell ,,palmer1 ,m4,p41 late ,attorney-,general1 c42 ,right ,hon4 ,,lord ,,stanley1 ,m4,p41 ,chairman of the late ,royal ,commission on ,patent-,law2 ,,james ,,stirling1 ,esq41 ,author of 8,considerations on ,banks and ,bank-,management10 8,letters from the ,south10 c42 and others4 ,,with ,,suggestions ,,as ,,to ,,international ,,arrangements ,,regarding ,,inventions ,,and ,,copyright4 ,,london3 ,,longmans1 ,,green1 ,,reader1 ,,and ,,dyer4 #ahfi4 99 99 99 99 99 8,la legislation des brevets d'invention peut avoir l'effet d'entraver notre commerce d'exportation1 et de priver l'industrie nationale de dbouches utiles4444 ,un brevet est un privilge et un monopole4 ,pour que le monopole puisse tre reconnu par la loi1 il est indispensable qu'il repose sur un droit certain ou sur une utilit publique parfaitement tablie4 ,le peu qui prcde suffit ce me semble a dmontre que l'utilit publique n'existe pas4444 ,le brevet d'invention a-t-il pour base un droit positif8 ,il semble pourtant que non4444 8,telles sont les rflexions qui sont venues un certain nombre d'hommes clairs depuis quelque annes et qui ont l'assentiment d'un bon nombre d'hommes des plus notables parmi les chefs d'industrie4 ,elles ont de l'cho dans touts les pays civiliss1 et en ,angleterre pour le moins autant qu'en ,france--7#a7 ,elles ne tendent rien moins qu' renverser le systme mme des brevets d'invention1 sauf rmunrer par une dotation spciale tout homme ingnieux qui serait reconnu1 aprs un certain temps d'exprience1 avoir rendu la socit un service signal par quelque dcouverte4 ,c'est ainsi qu'il a t procd en ,france l'gard des inventeurs de la photographie40--,from the ,introduction to the 8,rapports du ,jury ,international de l',exposition #ahfb1 publies sous la direction de ,m4 ,michel ,chevalier1 ,president de la ,section ,franaise40 99 99 99 99 99 8,selon moi donc1 le char du progres social doit tre mu par l'industrie et dirig par l'esprit chrtien4 ,il s'arrte dfaut de travail1 il draille dfaut de charit4444 ,et s'il est prouv que c'est industrie qui nourrit l'humanit1 que c'est elle qui la chauffe et la prserve contre toutes les intemperies1 n'est il pas juste de dire que pousser au dveloppement du travail1 comme nous nous proposons1 rpandre dans l'esprit des travailleurs des ides qu'ils peuvent fconder pour arriver une invention1 a un perfectionment1 a un nouveau procd quelconque diminuant le prix de ce qui entretient la vie1 que c'est l1 messieurs1 de la bienfaisance par excellence40--,president's ,opening ,address of the ,industrial and ,scientific ,society of ,st4 ,nicolas1 #ahff4 ,,contents4 ,,page ,prefatory ,note v ,letter from ,professor ,j4 ,c4 ,,thorold ,,rogers viii ,remarks on an ,article in the ,,westminster ,,review #a ,petition of the ,,newcastle ,,chamber ,,of ,,commerce #h ,notes of ,mr4 ,,macfie1 ,m4,p41 for ,speech upon ,motion1 #bhth ,may1 #ahfh #i ,speech of ,sir ,,roundell ,,palmer1 ,m4,p41 on that ,occasion #ic ,speech of ,lord ,,stanley1 ,m4,p41 on same ,occasion #aji ,paper by ,,james ,,stirling1 ,esq4 #aaf ,papers by ,m4 ,,benard1 8,are ,inventions ,property80 #abd-aej ,speeches of ,m4 ,,chevalier and ,m4 ,,paul ,,coq #afd ,papers by ,m4 ,,benard1 8,results of a ,bad ,law0 #age-ahj ,message of ,count ,,von ,,bismarck to ,,north ,,german ,,parliament #ahe ,debate in the ,netherlands ,second ,chamber #aig-bjd ,extracts from a ,memorial of the ,dutch ,government #bbe ,other ,extracts regarding ,abolition in ,holland #bbf-bbi ,speech of ,e4 ,k4 ,,muspratt1 ,esq41 in ,,liverpool ,,chamber ,,of ,,commerce #bca ,letter of ,sir ,,william ,,armstrong1 ,c4,b4 #bcg ,letter of ,,john ,,thomson1 ,esq4 #bch ,letter of ,,andrew ,,johnson1 ,esq41 ,m4,p4 #bci ,on the ,distinction between ,copyright and ,patent-right1 by ,mr4 ,,macfie1 ,m4,p4 #bda ,on ,patent ,monopoly1 by ,mr4 ,,macfie1 ,m4,p4 #bdc ,a ,scheme for ,international ,patents1 by ,mr4 ,,macfie1 ,m4,p4 #bej ,article from the ,,times on the ,debate in ,parliament #bea 0 0 ,,economist 0 0 #bee 0 0 ,,spectator 0 0 #bei 0 0 ,,saturday ,,review 0 0 #bfc ,extracts from ,recent ,periodicals #bfh ,report of the ,,cologne ,,chamber ,,of ,,commerce #bgb ,extract from ,m4 ,,bastiat',s 8,harmonies ,economiques0 #bgf ,extract from a ,letter of ,m4 ,,paillottet1 his ,editor #bgg ,extract from ,m4 ,,vermeire',s 8,le ,libre ,travail0 #bgg ,extracts showing ,movements in ,,belgium1 ,,germany1 and ,,holland #bgh ,extract on ,perpetuity of ,patent-right1 by ,m4 ,,boudron #bha ,extracts on ,american and ,british ,patent-,law #bhb ,classification of ,patents #bhc ,illustrations ,drawn from the ,copper and ,iron ,trades #bhd ,note on ,working ,men as ,inventors #bhf ,note on the ,inventors' ,institute #bhg ,note on ,state ,rewards #bhh ,note on the ,patent-office #bhi ,,copyright4 ,observations on ,remunerating ,authors by ,royalties #bic ,suggestions ,how to ,give ,effect to this ,mode #bif ,extracts ,showing ,mr4 ,,watts' ,opinions on this ,mode #big ,chapter from ,m4 ,,renouard',s 8,trait des ,droits d',auteurs0 in ,favour of it #cja ,extract from ,dr4 ,,leavitt',s ,cobden ,club ,essay on ,international ,copyright #cje ,extracts on the ,state of the ,question of ,copyright in the ,,united ,,states and ,,canada #cjg ,statement of ,mr4 ,,purday on ,same ,subject #cac ,letter from the ,same on ,international ,copyright in ,musical ,works #cad ,extracts from ,papers laid before the ,,canadian ,,parliament #caf ,tendencies of ,copyright ,legislation1 and ,extracts from ,recent ,bill regarding ,copyright in ,works of ,art1 with ,remarks on it #cbj ,duties on ,books in ,several ,colonies on ,behalf of ,authors #cbf ,on ,trade-,marks and the ,,customs ,,establishment #cbh ,the ,export ,book ,trade of ,various ,countries ,exhibited #ccj-cca ,extract from the 8,,beehive0 #ccb ,to all who are serving their generation as employers and employed1 in the ,arts1 ,manufactures1 and ,trades1 of ,leith1 ,musselburgh1 and ,portobello1 and have seen and felt the evils inherent in the present ,state method of dealing with ,inventions1 these pages are inscribed1--with congratulations that in the front rank of statesmen1 as well within the ,cabinet as beyond it1 there are earnest advocates of that emancipation of ,british productive industry from artificial restraints which is the needful accompaniment and the complement of free trade2--and in hope that public attention will now at length be turned towards procuring such a solution as will satisfy at same time all just pretensions of meritorious inventors and men of science4 ,my own bulky contribution to the attack on the last stronghold of monopoly is to be regarded as but a rough-and-ready earthwork thrown up by a pair of willing hands in front of powerful artillery whose every shot is telling4 ,it comprises the jottings and materials which ,i collected for a speech intended to be delivered on #bhth ,may1 when proposing a motion in favour of abolishing ,patents for ,inventions4 ,notwithstanding imperfections in execution1 the present compilation may acceptably supply a desideratum and prepare the way for further discussions1 and especially for the ,committee which ,her ,majesty's ,government continue to view with favour and will heartily support4 ,r4 ,a4 ,m4 ,june #i1 #ahfi4 ,while in the hands of the printer1 fresh matter has1 through the kindness of honoured fellow-workers in the cause1 reached me almost daily1 part of which is added4 ,the reader will find in this accession to the testimonies on behalf of freedom of industry1 besides some new arguments1 such a striking concurrence and oneness in the principles enunciated1 and even in the illustrations made use of1 as1 coming from various quarters independently1 may fairly be regarded as presumptive proof of their accuracy4 ,the ,government has been so good as agree to produce1 in conformity with a request from ,parliament1 any documents in possession of the ,foreign-office which show the reasons or motives of the ,prussian and ,dutch ,governments for proposing the abolition of ,patents in ,germany and the ,netherlands4 ,the adoption in the latter country of abolition pure and simple1 without 7so far as ,i can see7 the slightest indication of a substitute1 may well reconcile professional inventors and all who unite with them to the propositions with which ,i close my 8speech40 ,now that the continental stones are dropping out of the arch which forms the ,system of ,patents1 the rest cannot long keep their place4 ,the antiquated fabric may be expected to tumble4 ,for public safety1 the sooner ,parliament and all concerned set themselves to take it down1 the better4 ,a communication from ,professor ,thorold ,rogers1 and remarks on a recent ,review1 are given herewith1 the former on account of its value as a vindication of economic truth and justice1 the latter by way of correcting the reviewer's accidental mistakes4 ,the ,daily ,news1 in a leading article on the #bgth ,july1 having attached importance altogether undue to a small meeting called under peculiar circumstances on the #bdth1 which was supposed to express opinions and wishes of artisans and operatives1#a ,i addressed letters to that influential paper1 which will be found in its issues of the #bith1 #cjth1 and #cast4 ,of course ,sir ,roundell ,palmer1 who did the promoter of the meeting the honour to take the chair1 had not1 any more than myself1 the smallest connexion with its origination and arrangements4 ,appended are suggestions and information regarding ,copyright1 which came in my way while in the press about ,patent-right1 and which may be useful if international negotiations are contemplated for one or other or both of these kindred subjects4 ,i hope imperfections of translation1 which ,i regret1 and errors of the press1 for which ,i take blame without correcting them1 will be indulgently pardoned1 as well as faults entirely my own in the unaccustomed part of advocate and compiler4 ,july #ca4 ,no rights are reserved4 ,mr4 ,macfie will be glad to be favoured1 at ,ashfield ,hall1 ,neston1 ,chester1 with a copy of any transcripts made or any printed matter illustrating the question of ,patents4 #a ,when members of 8,inventors' ,associations0 ask mechanics to join a crusade against freedom of industry1 the best rejoinder is to ask a statement in writing to show how it can be for the interest of the millions to perpetuate fetters for the sake of investing a few hundred individuals with a chance of obtaining personal advantage by means of the power of fettering4 ,,letter ,,from ,,professor ,,thorold ,,rogers4 ,my dear ,sir1--4444 ,the fact is1 no one1 ,i presume1 wishes to say that an inventor is undeserving and should go unrewarded4 ,all that the opponents of the ,patent system do say is1 that the present machinery gives the minimum advantage to the inventor1 and inflicts the maximum disadvantage on the public4 ,besides1 in ninety-nine cases out of a hundred1 the patentee is only a simultaneous inventor with a number of others1 who lose their labour and ingenuity because one man happens to get in first4444 ,it has always seemed to me that the weakness of the inventor's case lies in the fact already alluded to1 that he rarely is the sole inventor4 ,hence the fundamental distinction between ,invention and ,copyright1 though ,i am no fanatical admirer of the latter privilege4 ,now1 if a law can confer a right on one person only by inflicting a wrong on a number of other persons1 it is intrinsically vicious1 and cannot be defended on the ground of its intentional goodness4 ,yours faithfully1 ,,james ,c4 ,,thorold ,,rogers4 ,july #bi4 ,,remarks ,,on ,a ,,recent ,,article4 ,the ,westminster ,review for ,july contains an article on ,patents4 ,its proofs should have been corrected with more care4 ,in my answer to question #aidg in the ,royal ,commission's ,report1 the word 8patented0 in the following the ,review misprints 8neglected30-- ,as a matter of fact1 patentees have patented things of so little value4 ,and in question #aied a worse mistake is made by substituting 8some0 for 8none0 in the following3-- ,there being #djj ,patents now in existence affecting your trade1 none of which are made use of by you4 ,i have right also to complain of mistakes which do not originate with the printer4 ,the following opinions and arguments imputed to me ,i disclaim3-- ,had ,mr4 ,macfie said this1 we should not have been surprised4 ,it closely resembles his contention that a book should be protected because it is something tangible1 whereas an invention is something which1 if not invisible1 is in the nebulous condition of an idea4 ,what ,i wrote will be found below1 page #bda4 ,my argument is1 that the subjects of ,copyright being tangible can be identified as the author's production1 and nobody else's2 and that the subjects of ,patent-right being modes or plans1 belong to the region of ideas which may easily occur to anybody besides the first inventor4 ,again3 the reviewer says of ,lord ,stanley3-- ,the latter1 while supporting ,mr4 ,macfie on the main issue distinctly repudiated his leading arguments4 ,this would be strange if true1 seeing ,i coincide in all his ,lordship's arguments4 ,how1 then1 can he1 twelve pages further on1 say again3-- ,as for ,lord ,stanley1 he did not hesitate to dissent from ,mr4 ,macfie's arguments1 while giving a qualified support to his motion4 ,perhaps ,i should object to the following representation3-- ,it has been proposed to replace ,letters ,patent by grants from the national purse4 ,this is to revert to an obsolete custom4 ,during the eighteenth century it was fairly tried1 and the result should serve as a warning now4 ,seventy thousand pounds were distributed among plausible inventors in the course of fifty years4 ,the advantage to the public was nil4 ,the encouragement given to impostors was the only tangible result4 ,johanna ,stephens obtained #e1jjjl4 for disclosing the secret of her cure for the stone4 ,a ,mr4 ,blake got #b1ejjl4 to assist him in perfecting his scheme for transporting fish to ,london by land1 while a ,mr4 ,foden was greatly overpaid with #ejjl41 8to enable him to prosecute a discovery made by him of a paste as a substitute for wheat-flour40 ,give a man a sum of money for his invention1 and you run the risk of paying him either too much or too little4 ,give him a ,patent1 and you secure the invention for the public1 while his remuneration in money is absolutely determined according to its value4 ,the system of ,state-rewards has not been tried4 ,the reviewer's cases do not apply4 ,the scheme that ,i submit could never be abused so as to sanction such follies4 ,it may not be a generous and royal way of dealing with inventions1 but it is equitable and safe2 whereas1 pace the reviewer1 the remuneration from a ,patent is not at all 8determined according to its value0 7that of the invention74 ,this interesting article is remarkable for what it omits rather than what it contains4 ,like almost every1 if not every1 defence of ,patents which ,i have seen1 it ignores the grand objection to ,patents--their incompatibility with free-trade4 ,from the beginning to the end there is not in the article the slightest allusion to the hardship they inflict on ,british manufacturers in competing with rivals in home1 and especially in foreign1 markets4 ,reformers of the ,patent system fail to realise this--that no conceivable mere improvement1 even1 though it should clear away the present encumbrance of a multiplicity of trifling ,patents1 can be more than an alleviation of the mischief now done4 ,the remaining few would be the most important and valuable ones1 and therefore the most burdensome1 because those which1 on account of the heavy royalties that will be legally claimed1 must subject ,british manufacturers to the largest pecuniary exactions--exactions that they cannot1 but their rivals often would1 escape4 ,the writer of the article has a way of pooh-poohing adverse arguments1 even when he mentions them4 ,that no two men produce the same book is true4 ,it is almost as difficult for two men to give to the world two inventions identical in every detail1 and equally well-fitted to subserve the same end4 ,much has been said about the ease with which this may be done1 but authentic proofs are lacking of this having been done on a large scale4 ,and ,again1 then1 we ask for proofs of the allegation that six men are often on the track of the self-same invention4 ,why1 the simultaneousness1 or rapid succession1 of identical inventions is notorious4 ,he goes in the face of the strongest evidence when he says-- ,it is doubtful even if these objectionable ,patents do any real harm4 ,an invention which will answer no purpose is simply useless1 whether it be patented or not4 ,and1 elsewhere1 ,the truth must not be blinked that1 if a multiplicity of worthless ,patents be an evil1 if the profits of manufacturers are diminished owing to the battle they have to fight with patentees1 if the bestowal of ,patent-right be the source of mischief and the occasion of pecuniary loss1 the like complaint may be laid at the door of ,copyright1 and its abolition might be demanded with as great a show of fairness4 ,how lightly he can regard arguments of his opponents is also seen in the following passage3-- ,another of ,lord ,stanley's objections is that the right man hardly ever gets the reward4 ,as he puts it1 litigation being costly1 and the grant of ,patent-right merely amounting to permission to take legal proceedings against infringers1 the poor man has no chance of asserting and defending his rights4 8,if a poor inventor took out a ,patent1 and the ,patent promised to be productive1 in nine cases out of ten he was obliged to sell it to some one who could command capital enough to defend it in a court of law40 ,we submit this proves nothing more than that the poor inventor1 in nine cases out of ten1 deserves our pity4 ,but then1 if these nine inventors are unfortunate1 that does not justify the ill-treatment of the tenth4 ,the source of the writer's idea1 that cessation of ,patents is ill-treatment1 lies in the assumption which pervades the whole article1 that to inventors belongs property in inventions--i4e41 exclusive right of property2 or1 in other words1 right to require the ,state to use its power to prevent other persons from doing what they do1 and what every other man has a natural and inalienable right to do4 ,still further3 shutting his eyes to the difficulty of mollifying the grievance of invention monopoly by means of 8compulsory licences10 which the ,royal ,commission declared they found no way of rendering practicable--and1 ,i add1 if practicable1 would be no cure of the evils1 which are radical--he writes-- ,if to this were added a system of compulsory licences1 the amount of royalty to be determined by a tribunal1 in the event of the parties failing to come to terms1 nearly all the really serious and valid objections to the working of a ,patent-,law would be obviated4 ,yet1 believing himself the friend of the public1 in spite of all the strong arguments against his views and the little he himself adduces for them1 he very complacently tells us-- ,speaking on behalf of the public1 we maintain that a ,patent-,law is necessary in any uncivilised community1 because1 without its protection1 industry cannot flourish1 and ingenuity can have no scope for its triumphs4 ,the reviewer can hardly have consulted any practical man when he pronounces it-- absurd to plead that a ,patent has been infringed in ignorance1 when it is certain that the ignorance1 if not wilful1 is wholly inexcusable4 ,undoubtedly1 infringements often are not acts done blamelessly in ignorance2 still1 ,i would be surprised in most cases if the infringer knew he was infringing4 ,he is not likely to know it in making trivial improvements1 for how can he know without subjecting himself to no small trouble and expense1 such as ought not to be laid upon him4 ,there is an important point as to which the reviewer and ,i perhaps differ1 8the extent to which ,letters ,patent give a monopoly in ideas40 ,the fact is1 that the whole breadth of a principle is patentable1 provided any single mode of applying it can be specified4 ,the reviewer1 adverting to the changes which have taken place in the ,law of ,patents since the days of ,elizabeth1 characterises them as 8changes towards greater freedom of action on the part of the ,state1 and greater liberty of choice on the part of the people40 ,this1 ,i confess1 ,i do not understand1 except so far as it may mean there has been less and less control exercised by the ,state1 and more and more advantage taken of this supineness by all sorts of persons4 ,i am quite prepared to admit that in my speech ,i have exhibited rather a popular than a strictly legal and logical view of the meaning and legitimate applicability of the words in the statute1 8nor mischievous to the ,state by raising prices40 ,all that ,i maintain is this1--that the spirit of the proviso is opposed to any individual ,patent that keeps prices up at a level below which1 if there were no grant1 they might1 by the natural progress of industry1 be expected to fall1 and to a ,patent system that characteristically has that effect and is also chargeable with 8hurt of trade0 and 8generally inconvenient40 ,,speeches ,,and ,,papers ,,on ,,the ,,abolition ,,of ,,patents4 ,the following petition1 which ,mr4 ,macfie had the honour to present1 contains the motion which gave occasion for the speeches that form the principal part of this compilation3-- ,to the ,honourable the ,commons of the ,united ,kingdom of ,great ,britain and ,ireland in ,parliament assembled4 ,,the ,,petition ,,of ,,the ,,newcastle ,,and ,,gateshead ,,chamber ,,of ,,commerce ,humbly sheweth1-- ,that your petitioners have had many opportunities of becoming acquainted with the working of the laws under which ,patent-rights are granted to inventors in the ,united ,kingdom4 ,that your petitioners are informed that notice has been given in your honourable ,house of a motion in the following words3-- 8,that in the opinion of this ,house the time has arrived when the interests of trade and commerce1 and the progress of the arts and sciences in this country1 would be promoted by the abolition of ,patents for inventions40 ,that your petitioners1 believing the proposed total abolition of ,patent-,laws will be of great benefit to the country1 are most desirous that the above-named resolution should be adopted by your honourable ,house4 ,your petitioners1 therefore1 humbly pray that the said motion may pass your honourable ,house4 ,and your petitioners will ever pray1 c4 ,,notes ,,of ,,speech ,,of ,,mr4 ,,macfie1 ,m4,p4 ,mr4 ,macfie1 after apologies founded partly on the circumstance that1 so far as he knew1 this was the first occasion when the policy of granting ,patents for ,inventions had been discussed in ,parliament1 proceeded to say1 that manufacturers could not be indifferent to improvements4 ,it is indeed significant that they do dislike ,patents1 while they appreciate and honour inventors1 even those inventors who claim from the ,state exclusive privileges1 some of whom have the glory of being among the greatest benefactors of mankind4 ,in considering the important subject which he now brought forward1 he submitted that it is not the interest of inventors1 nor even the interest of manufacturers1 of agriculturists1 of miners1 nor of shipping1 that this ,house should consult1 but those of the nation4 ,the question to be considered is1 do ,patents1 on the whole1 promote our national welfare8 ,another principle on which he proceeded is1 that there can be no property in ideas4 ,the ,creator has so constituted nature that ideas can be held in common1 which is not the case with things material4 ,letters ,patent for inventions have been instituted in order to confirm to certain persons1 and deprive every other person of1 the common1 natural right to act on the ideas or knowledge there patented4 ,these exclusive privileges1 while they last1 are1 of course1 property4 ,further3 ,it is a recognised principle1 that the ,state is not bound to grant ,patents4 ,these are grants dictated by royal favour4 ,in the words of ,stephens' ,commentaries3 8,the grant of a ,patent-right is not ex debito justiti1 but an act of royal favour40 ,every ,patent is a voluntary transference by the ,state to an individual of power for fourteen years to tax at pleasure other persons for making or doing the thing patented2 aye1 if he likes1 to prohibit or withhold the thing altogether4 ,patent-right must not be confounded with ,copyright4 ,the latter stands on perfectly different grounds1 and can be advocated and upheld1 as he 7,mr4 ,macfie7 himself does1 in perfect consistency with disfavour for the former4 ,there can be no rival claimant to the authorship of any particular book2 many persons may honestly and indisputably claim originality in an invention4 ,the true similarity between these two subjects of privilege is not between the book and the invention or machine1 but the book and the specification of the invention4 ,when you buy a ,murray's handbook1 a book on medicine1 or a commercial guide1 you are at liberty to act on information you find in it1 and to travel1 trade1 or prescribe1 according to the directions you find there4 ,but mark the contrast in what ,patent-,law creates4 ,when you buy a specification1 you know it tells only of certain things that you are not at liberty to do4 ,lastly3 ,i acknowledge that it is legitimate to legislate with a view to promote or protect trade4 ,the interference1 however1 which is now wanted is not a return to the old protective system of discriminative duties1 but the clearing away of evil laws1 and especially deliverance from the bondage and wrongs involved in ,patent monopolies4 ,for the origin of our definite ,patent legislation we go back to the famous statute of ,james ,i4 of ,england4 ,at that time the people of this kingdom were in a state somewhat resembling our present state4 ,they were desirous to extend trade and introduce new arts and manufactures4 ,parliament was powerful and hated monopolies1 under which the people had been writhing4 ,these it reprobated in the spirit of the jurists of antiquity4 ,while by that statute it swept away all other monopolies1 it permitted1 or tolerated1 that the ,crown should grant the exceptional privilege for 8the sole working or making of any manner of new manufactures within this realm1 to the true and first inventor and inventors of such manufactures1 which others at the time of making such ,letters ,patent and grants shall not use1 so as also they be not contrary to the law nor mischievous to the ,state1 by raising prices of commodities at home or hurt of trade or generally inconvenient40 ,the ,house will keep steadily in view the wholly different condition of commerce and the arts at that time4 ,when these monopolies were spared1 trade was very far from being developed4 ,the field of commerce was still in a great measure clear and unoccupied4 ,the kingdom was1 commercially as well as geographically1 detached from the continent4 ,the operations of trade and the arts were slow1 were conducted on a small scale and on rude systems1 and yielded large profits4 ,exports to foreign parts were inconsiderable4 ,there were no periodicals to give information as to anything new in the arts and sciences4 ,under such circumstances1 if new kinds of business were to be established1 it was not unreasonably thought safe1 or even needful1 to allure by promise of exclusive privileges4 ,the very reverse are our present circumstances and condition4 ,may ,i be allowed now to call particular attention to the ,act4 ,anybody may see that it authorised exclusive privileges as something exceptional1 something almost loathed1 as 8monopolies40 ,the ,house may remember how1 in conformity with this view1 ,patents used to be construed by the judicial bench with a leaning against them4 ,it was clearly not contemplated that they were1 as they are now1 to be had at a comparatively easy price1 by a very simple course of procedure organised to hand1 at an office established and with machinery ready to be set in motion for the purpose4 ,a rigid testing examination1 or severe1 perhaps somewhat adverse1 scrutiny was implied4 ,they were granted for ,england only1 then containing a small population1 and requiring not very much for its supply of any new article4 ,moreover1 the coveted privilege was a concession of no more than leave or right to 8work0 or 8make0 7not vend71 and that within the kingdom1 which1 although it is the only thing the ,act allows ,patents to be granted for1 is not required now-a-days4 ,the right was conferrible only on the patentee himself2 whereas now-a-days1 and perhaps from the first1 the usage is altogether different2 for the patentee is now allowed to transfer his right1 by licence1 to others3 that is1 to vend his 8invention10 taking the noun1 not in its sense of a thing made1 but of a method1 or idea1 or right to make or do a thing4 ,without this licensing1 it is of consequence to remember1 the monopoly would be too grossly and glaringly bad to be defensible or maintainable4 ,there is another contrast3 by the words of the statute nobody could be patentee but only the true and first inventor4 ,besides1 the subject of a ,patent clearly was to be something palpable and visible--something that admitted not of doubt as to what it was or as to its being novel--something respecting which there could be no fear whatever that it would interfere with any already existing trade4 ,above all1 a process or operation1 especially in a trade that already existed1 does not appear to be contemplated by the statute4 ,how entirely and sadly different is the present practice in this respect4 ,let me first quote from ,brande's ,dictionary the opening definition that shows how naturally1 and as it seems1 unconsciously1 writers speak of 8processes10 as the great or only subject-matter3-- 8,the word ,patent is commonly used to denote a privilege accorded to an inventor for the sole use of some process by which an object in demand may be supplied to the public2 or some product already familiar to the public may be made more easily and efficiently40 ,so the commencement of a ,paper on ,patents1 in the last volume of the ,proceedings of the ,association for the ,promotion of ,social ,science--in the following words1 8,the point asserted in the following paper is1 that in a grant of ,letters ,patent1 the subject of the grant is a #8process1' and not #8product'0--shows as decisively the complete change that has taken place1 and1 let us not forget it1 without consent of ,parliament1 who indeed have never been consulted4 ,the alteration of the practice1 which is nothing less than a new law--a law diametrically opposed to the spirit of the statute--is the work of the courts of judicature4 ,better principles might have been expected to prevail1 for how just is the following reflection1 taken from the most important 8,treatise on the ,law of ,patents30-- 8,every member of the community receives many benefits from the society in which he lives1 and he is therefore bound1 by every means in his power1 to advance its interests4 ,and it seems to be but reasonable that he should be expected to promote the public weal by putting the community in possession of any discovery he makes which may be for the public good40 ,the observations ,i have been making are founded on the words of the statute4 ,it is possible1 and perhaps ,i may say probable1 that outside of the statute there was an influence drawing in an opposite direction1 which found expression in the ,letters ,patent4 ,if these were scrutinised1 it is not unlikely even the earliest would be found not to contain the strict conditions and limitations which are laid down in the ,act4 ,an incidental proof of this tendency ,i notice in one ,patent which has met my eye1 where1 though the duration of the ,patent in ,england was confined within the permitted period of fourteen years1 the duration in ,ireland1 which was not subject to the limitation1 was in same grant made so long as between thirty and forty years4 ,i do not find1 in the excellent ,chronological ,index issued by ,mr4 ,woodcraft on behalf of the ,patent-office1 anything at all to indicate that desire to favour trade was the motive for granting ,patents even after the statute was passed4 ,on the contrary1 a money consideration seems to have been customary4 ,the ,crown stipulated for yearly payments of various amount1 some of these being fixed sums1 others a tenth1 or three-tenths1 or a quarter1 or a half1 of the clear benefit4 ,in one case #d;d4 per bushel of salt was claimed4 ,in another case #f;d4 per #ajjlbs4 of bones was stipulated for4 ,in another ,i find #es4 per ton of metal stipulated4 ,all this is suggestive1 but not less the condition1 introduced occasionally1 that the articles manufactured should be sold at moderate rates4 ,the moderate rates appear to have been sometimes defined1 e4g41 #ajj seals of a new kind were to be sold for #a;d4 ,similar and more stringent care was taken when ,copyright first became the subject of systematic legislation1 to prevent the monopoly from making books dear4 ,all such precautions have1 in our modern unwisdom1 disappeared4 ,grotius requires under monopoly a restriction on price4 ,one thing1 ,i presume1 may be regarded as certain1 that neither in the ,act nor in the ,letters is there any vestige of the modern political heresy that an invention may be legislated for as in any sense property4 ,even the high-sounding phrase1 8the rights of inventors10 appears a recent introduction4 ,it is not forty years since the greatest number of persons allowed to participate in a ,patent was five4 ,this limitation was a lingering remain of the traditional character of ,patents1 as monopolies which ought not to be provided with facilities for extension but rather be confined within the narrowest bounds4 ,it is proper ,i should now prove from that and other authorities in law1 what is the correct interpretation of the word 8manufactures0 in the statute1 on whose meaning so much depends4 ,my quotations will exhibit progressive development--a thing justly viewed with suspicion1 whether its sphere be the ecclesiastical or the legal4 ,what ,i now bring under notice1 taken in connexion with the startling perversion of the words 8first and true inventor0 and the setting at nought the letter and spirit of the words 8to make within this realm10 matches the whimsical and ruinous sophistications we smile at in the 8,tale of a ,tub40 ,my first appeal is to ,sir ,e4 ,coke's 8,institutes30-- 8,if the substance was in being before1 and a new addition made thereunto1 though that addition made the former more profitable1 yet it is not a new manufacture in law40 ,that by a manufacture was meant something so definite as to involve or imply an art in the sense of a trade1 will be seen by another quotation which ,i make from ,serjeant ,hawkins1 who says--8the ,king may grant the sole use of an art invented or first brought into the realm40 ,so also in 8,bacon's ,abridgment40 ,the ,court of ,king's ,bench held-- 8,a grant of the sole use of a new invented art is good4444 ,this is tied up by the statute to the term of fourteen years2 for after that time it is presumed to be a known trade40 ,mr4 ,hindmarch writes-- 8,it was long doubted whether a mode1 method1 or process of itself1 and apart from its produce or results1 could legally be made the subject of a ,patent privilege40 ,after citing cases1 he adds-- 8,these cases show clearly that a process of manufacturing1 separate and apart1 may be made the subject of a ,patent privilege40 ,mr4 ,coryton1 in his volume on 8,the ,law of ,letters ,patent10 expresses his mind thus plainly3-- 8,on the assumption that a ,patent confers a monopoly1 it follows directly that the subject-matter of the ,patent must be a material thing1 capable of sale1#b and cannot be either an improvement1 principle1 method1 process1 or system4 ,in other words1 the subject-matter must be1 as it was originally defined1 a #8new manufacture4' ,a thousand evils have arisen from affixing other than the literal interpretation to the terms10 c4 ,he quotes ,justice ,heath1 who said-- 8,that which is the subject of a ,patent ought to be vendible2 otherwise it cannot be a new manufacture40 ,so ,tyndal-- 8,that it is a manufacture can admit of no doubt3 it is a vendible article1 produced by the art and hand of man40 ,mark from the words of ,justice ,buller1 on the same occasion1 the sentiment which was permitted to prevail and neutralise the statute3-- 8,few men possess greater ingenuity1 or have greater merit4 ,if their 7,boulton and ,watt's7 ,patent can be sustained in point of law1 no man ought to envy them the profit and advantages arising from it4 ,even if it cannot be supported1 no man ought to envy them the profit10 c4 ,we come to ,c4 ,j4 ,eyre3-- 8,according to the letter of the statute1 the words 444 fall very short 444 but most certainly the exposition of the statute1 so far as usage will expound it1 has gone very much beyond the letter4 #8,a deliberate surrender1' comments ,mr4 ,coryton1 #8of judicial power in favour of an accumulation of popular errors4'444 ,later judges1 following in the same course1 have striven rather to regulate the inconsistencies they found1 than to address themselves to the cause and thus prevent the possibility of their recurrence4 ,writers on this subject have on this head followed in the course indicated by the ,bench40 ,a practical commentary1 and a confirmation of ,mr4 ,coryton's views1 are furnished by the fact that the number of ,patents granted in the six reigns preceding that of ,geo4 ,,iii4 was only #edj in #he years1 or less than #f a-year2 whereas now a greater number is granted daily4 ,the actual administration of ,patents is exhibited to us by a ,return which the ,house has been good enough to order on my motion4 ,that return shows how the rate of multiplication has increased1 especially in ,scotland and ,ireland4 ,there have been granted for-- ,in ,england ,england4 ,scotland4 ,ireland4 for the ,colonies4 ,in #afej--,none4 #agjj #b #agej #g #ahjj #if #ac #b #f #ahbe #bej #fb #cc #hg #ahej #ebc #bbg #eca #aia #ahff #b1aba #b1aba #b1aba none #ahfg #b1bib #b1bib #b1bib none ,there were in operation in the ,united ,kingdom at the end of last year no fewer than #aa1cfi4 ,the ,house is aware that the ,patent-office makes a classification of ,patents4 ,the classification for #ahff1 the latest year that could be given in the ,return1 shows that there are nearly #cjj classes1 and there were ,patents granted that year affecting those classes to the number of more than thirty each on the average4 ,taking the manufacture and refining of sugar as a test of other classes1 the ,return shows that in that trade there were granted more than thirty 8affecting processes or operations0 7without including hundreds of others of a more general character1 to which manufacturers of all sorts are subjected1 as1 for instance1 ,patents for motive power1 heating1 c474 ,many noteworthy matters will meet the eye of any person who examines the ,return1 such as the following3 ,for medical1 curative1 and similar 8revelations10 there were granted about #hj2 for improvements tending to safety1 nearly #cej2 affecting food1 about #djj2 affecting steam-boilers1 about #afj2 steam-engines1 about #abj4 ,but we have yet to consider the most material points in the ,act4 ,to these ,i now call attention4 ,the conditions or limitations which the statute makes necessary are extremely significant4 ,they are in these words--8,not contrary to the law nor mischievous to the ,state1 by raising prices of commodities at home or hurt of trade or generally inconvenient40 ,on these words ,sir ,edward ,coke remarks-- 8,there must be urgens necessitas and evidens utilitas40 ,what might be understood by being 8generally inconvenient0 in the statute1 and how little disposition there was to render that disqualification a dead letter1 we may gather from the following extract1 which shows that saving of labour was in those early days1 so far from being a recommendation1 an inconvenience4 ,hear the same authority3-- 8,there was a new invention found out that bonnets and caps might be thickened in a fulling mill1 by which means more might be done than by the labours of fourscore men who got their living by it4 ,it was ordained by an ,act1 #g ,edward ,,vi4 c4 #h1 that bonnets and caps should be thickened and fulled by the strength of men1 and not by a fulling mill1 for it was holden inconvenient to turn so many labouring men to idleness40 ,on which passage ,mr4 ,farey 7a gentleman eminent on ,patent questions71 who quotes it in an elaborate review of ,patent-,law at the end of the ,blue ,book of #ahbi1 the ,report of the ,committee on ,patents for ,inventions1 makes the following remarks3 8,if this decision had been followed1 it would have set aside every ,patent for invention40 ,true1 and the more's the pity1 perhaps6 ,let us hail the admission4 ,sir ,edward explains1 and ,i read1 the whole passage that ,i have cited1 not as a lawyer might who wished to ascertain whether by oversight in drawing the ,act or by the malleability and elasticity of language it could be interpreted even non-naturally to suit a purpose1 but as honest1 blunt ,englishmen would understand it1 as the ,english gentlemen who passed the ,act must have understood it and meant the ,crown to understand it4 ,i submit1 ,mr4 ,speaker1 that at this moment1 and by this statute1 and according to the common law which this statute declares1 ,patents are illegal which raise prices or hurt trade4 ,the framing of the sentence leaves no doubt whatever that the antecedent to the words 8they be not contrary to the law nor mischievous to the ,state1 by raising prices of commodities at home or hurt of trade10 are these words1 8,letters ,patent and grants of privilege40 ,the preceding section contains the same words4 ,that section was introduced in order to shorten the duration of ,patents granted previously1 and to nullify any that raised prices or hurt trade4 ,it is plain that the intention of ,parliament and of the ,sovereign was to allow no monopoly to exist whose effect would be either to interfere with the extent or efficiency of industrial occupations1 or to make prices1 even of the new manufacture or commodity1 dearer under the restriction than they would be without it4 ,even so late as the last century1 the consistency of monopoly with cheapening of prices was believed in4 ,as an example1 ,i have been told that when the ,paraphrases of the ,church of ,scotland were issued1 the monopoly was given to a particular printer1 with this purpose expressly stated4 ,what language can be plainer than that of the statute8 ,as that statute is still the charter of our commercial freedom and the chart by which we may discover the track we must follow in order to our return to the open and safe1 and as its sound limitations are still the law of the land1 ,i am entitled at the outset to contend that they ought to be put in force4 ,they have been utterly neglected1 and the nation suffers much from the neglect4 ,as to this1 hear my witnesses4 ,i produce them chiefly from the following ,blue-books3 ,that issued by the ,committee of this ,house which sat in #ahbi1 that issued by the ,committee of the ,house of ,lords which sat in #ahea1 and that issued by the ,royal ,commission in #ahfe4 ,here remark the strange failures of expectations that characterise the proceedings of ,parliament in regard to ,patent-,law4 ,the ,committee of #ahbi recommended that they should be allowed to continue their investigations next ,session1 but they appear not to have been allowed4 ,after the inquiries of #ahea there was1 as a ,petition which ,i have perused1 presented to this ,house1 shows1 an understanding that the whole subject would be inquired into2 but this never has been done down to this day4 ,a ,commission was indeed appointed in #ahfb1 but they were confined to the question of the 8working0 of the laws4 ,indications were given1 both before and after it1 that the question of the policy of these laws should be examined into4 ,the ,liverpool ,chamber of ,commerce repeatedly urged this2 e4g41 in ,march1 #ahfb1 when that body petitioned the ,house thus3 8,they therefore pray that your honourable ,house will appoint a ,select ,committee to inquire into the policy and operation of those laws40 ,but the matter is still in abeyance1 and1 notwithstanding promises in a ,royal ,speech1 legislative action is suspended4 ,to proceed3 ,mr4 ,lennard in this ,house1 in ,april1 #ahbi1 declared his opinion--8,it was not desirable to facilitate overmuch the obtaining of ,patents by any reduction of expense40 ,so ,sir ,robert ,peel1 in the interest of the manufacturers of ,lancashire1 ,cheshire1 and ,yorkshire1 deprecated cheapening of ,patents and their consequent multiplication4 ,at that period another member objected even to the publishing of specifications1 because 8,it enabled persons to carry the invention abroad1 where1 of course1 the ,patent article was made1 the foreign market shut against the real invention1 and the undue benefit granted foreigners of having the free use of the invention fourteen years before the patentee's countrymen40 ,the ,house will observe that the complaint here is not that we were hurt in ,british markets--for these the protective system of duties closed--but that we lost our hold of foreign markets4 ,sir ,mark ,isambard ,brunel1 the eminent engineer1 told the ,committee of #ahbi3-- 8,i have had several ,patents myself2 ,i think that ,patents are like lottery offices1 where people run with great expectations1 and enter anything almost4 8,and if they were very cheap1 there would be still more obstacles in the way of good ones4 ,i think the expense of ,patents should be pretty high in this country1 or else1 if it is low1 you will have hundreds of ,patents more yearly1 and you would obstruct very much the valuable pursuits40 ,that ,patents are1 indeed1 a lottery in respect to the uncertainty whether the patentees draw a prize or a blank1 ,i refer to the words of ,mr4 ,curtis before the ,royal ,commission3-- 8,we have taken out a number of ,patents1 and frequently those to which we have attached the least importance have become the most valuable1 and1 on the contrary1 those from which we have expected large things we have reaped comparatively no advantage40 ,mr4 ,coryton says in a note3-- 8,the opinions of the witnesses examined before the ,committee of the ,house of ,commons in #ahbi were almost unanimous to the effect that ,patents should not be too cheap1 lest the country should be inundated with them40 ,among my private papers1 ,i find in #ahea the ,manchester ,chamber of ,commerce expressing the same fear in a letter to ,mr4 ,f4 ,hill1 a portion of which ,i now present3-- 8,it is considered by this ,board to be a primary axiom that every ,patent granted is1 during its exclusiveness1 a limitation to a certain extent of the general rights of the people1 and that in those ,patents which have reference to manufacturing processes there may be a disturbance of the general industry of the people4 ,this ,board would1 therefore1 deprecate a too great facility in the obtaining of ,patents4 ,if the cost be made cheap1 every trifling improvement in every process of manufacture would be secured by a ,patent4 ,in a few years no man would be able to make such improvement in his machinery1 or processes1 as his own experience may suggest1 without infringing upon some other person's ,patent4 ,endless litigation would follow1 and the spirit of invention in small matters would be rather checked than encouraged40 ,the realisation of these fears1 as well as the inconsistency of our practice with the conditions which our forefathers1 more wise than the present generation1 imposed1 will be seen from the specimen extracts which ,i will now read1 begging that it be remembered a very large reduction in the cost of ,patents was made in #aheb4 ,the ,house will pardon me if it finds these extracts are not arranged with any rigid regard to order1 but form a too rudis indigestaque moles4 ,the following prove that there is a natural tendency to excessive multiplication of ,patents1 and to the making of the same inventions1 and of inventions directed to the same end1 or moving on the same line1 by a number of persons at or about one and the same time4 ,this very week you read in the papers a judgment given by the ,lord ,chancellor1 which contains the declaration that a person in specifying an invention may be held as preventing 8the loss for a year or more to the public of the fruits of the ingenuity of many minds which commonly are working together in regard to the same invention40 ,the ,journal of ,jurisprudence says well3-- 8,the rights of the inventor are also liable to interference of another kind4 ,a rival manufacturer invents independently the same machine1 or one involving the same principle4 ,he is then1 by natural law1 at liberty to publish his invention without regard to the rights of the first inventor1 seeing that he did not acquire his knowledge of its powers from the latter1 and experience proves that1 in point of fact1 the same processes are frequently discovered by different individuals independently of each other4 ,in an age of mechanical invention1 an inventor cannot deprive the world of a new process by keeping it a secret4 ,he can at most only retard the progress of discovery by a few years4444 ,we submit that the fundamental principle of any legislative contract between inventors and the public should be1 that the right of using the invention should be open to all ,her ,majesty's subjects4 ,exclusive privileges1 conferred for the purpose of enabling patentees to divide their profits with a few favoured manufacturing establishments1 are indefensible upon any recognised principles of economy4 ,patents are in fact1 as they are in law considered to be1 trading monopolies2 and the interests of the public imperatively require that1 as monopolies1 they should be swept away40 ,mr4 ,webster1 ,q4,c41 a high authority1 says3-- 8,i mean the discovery1 for instance1 of some chemical property1 or the application of some property1 of matter of recent discovery1 or a certain effect1 for instance1 in dyeing2 that becoming known as a chemical law1 then persons rush to obtain ,patents for different applications and different modifications of it40 ,see by my next quotations how great is the obstruction the multiplication of ,patents creates1 or1 in the words of the ,act1 the 8general inconvenience0 they occasion4 ,mr4 ,james ,meadows ,rendel1 ,civil ,engineer1 in #ahea3-- 8,during the twenty-five years that ,i have been in practice1 ,i have frequently felt the inconvenience of the present state of the ,patent-,law1 particularly with reference to the excessive number of ,patents taken out for frivolous and unimportant inventions1 which ,i think are much more embarrassing than the ,patents that apply to really important inventions4 8,i have found them interfere in a way that very much embarrasses an engineer in carrying out large works1 without being of the slightest advantage to the inventors1 excepting that in some cases a man who takes out a ,patent finds a capitalist 7however frivolous the invention7 who will buy the ,patent1 as a sort of patent-monger1 who holds it1 not for any useful purpose1 but as a means of making claims which embarrass persons who are not prepared to dispute questions of that sort4 ,i think that in that way many ,patents are granted which are but of little benefit to the real inventor1 serving only to fill the coffers of parties who only keep them to inconvenience those who might have occasion to use the particular invention in some adjunct way which was never contemplated by the inventor4 8,after you have designed something that is really useful in engineering works1 you are told that some part of that design interferes with some ,patent granted for an entirely different purpose1 and which might in itself be frivolous1 but important in the new combination2 and one has such a horror of the ,patent-,laws1 that one evades it by designing something else1 perhaps as good in itself1 but giving one infinite trouble1 without any advantage to the holder of the ,patent4 ,i have frequently found this to be the case40 ,mr4 ,w4 ,s4 ,hale1 candle manufacturer1 said in #ahea1 in answer to the question-- 8,at present they are obstructions to you8--,decidedly4 8,you say that1 practically1 you have found the existence of ,patents in themselves useless--a great obstruction to the introduction of inventions which would otherwise have been of value8--,certainly4 8,the great objection which ,i conceive many parties have to introduce real improvements arises from useless ,patents4 ,i am in treaty now for one or two which in themselves are useless1 yet they contain the germ of something1 and it is worth my while1 if ,i can get them for a small sum1 to purchase them2 but directly you make application for a ,patent of that description1 it becomes very valuable all at once2 the party conceives you are desirous of possessing yourself of it1 and that you will be inclined to give anything for the use of it40 ,in like manner ,sir ,william ,armstrong answered this question1 put in #ahfd-- 8,is it within your knowledge that considerable inconvenience does exist in those branches of business with which you are most conversant from the multiplicity of ,patents8--,most certainly1 and great obstruction40 ,so also ,mr4 ,james ,spence1 of ,liverpool1 a well-known correspondent of the ,times during the ,american war1 said-- 8,it is difficult for a manufacturer to move in any direction without treading on the toes of some sort of a patentee40 ,likewise ,mr4 ,montague ,e4 ,smith1 ,q4,c41 ,m4,p41 said3-- 8,in several cases in which ,i have myself been counsel1 very great inconvenience has arisen from the multiplicity of ,patents which an inventor has had to wade through to see that he has not been anticipated40 ,how truly did ,sir ,w4 ,armstrong observe to the ,commission-- 8,you cannot grant a monopoly without excluding other persons who are working upon the same subject40 ,again3-- 8,here the ,state grants to an individual a monopoly1 and therefore the public are at his mercy40 ,mr4 ,j4 ,s4 ,russell1 who himself has taken out a good many ,patents1 speaks more specifically3-- 8,there are a great many ,patents of that kind taken out for boilers of steam-engines1 and boilers of steam-engines admit of a very enormous variety of shape and proportion without damaging their efficiency4444 ,the consequence is1 that ,i have not defended any of my own4 ,i have never made of mine more than a mere registry of priority of invention4 ,i have not made mine a source of money1 but ,i have suffered in this way from ,patents3 ,i have gone on1 in the course of my business1 doing my ordinary work1 and ,i have found other people taking out ,patents for what ,i was doing without calling it an invention1 and then prosecuting me under the ,patent they had taken out for my own inventions1 and it appears that there is nothing to prohibit them from doing that40 ,this ,i can from experience endorse4 ,he is then asked-- 8,if you were able to prove that you had been carrying on an invention1 whatever it might be1 at the time when the person claiming to hold a ,patent for it took out his ,patent1 would not that relieve you from all difficulty in the matter8--,it would only give me the pleasure of defending a law-suit40 ,mr4 ,curtis1 engineer1 ,manchester1 said3-- 8,many parties in trade have made alterations without being aware of their being patented1 and when they have used them for a length of time1 they have found that the patentee has come upon them and made a claim for ,patent-right40 ,mr4 ,platt1 of ,oldham1 whom you are happy to see as a member1 said3-- 8,i think that there is scarcely a week1 certainly not a month1 that passes but what we have a notice of some kind or other of things that we have never heard of in any way1 and do not know of in the least1 that we are infringing upon them1 and the difficulty is to get at any knowledge4 ,we may be now infringing1 and may have been infringing for years1 and a person may have been watching us all the time1 and when he thinks that we have made a sufficient number he may come down upon us1 and there is no record4 ,a very large number of ,patents are now taken out for what is termed a combination of known things1 and known things for the same purpose1 and the descriptions of those ,patents are generally so bad that it is impossible to tell the parts that are actually patented2 in matters of that kind it has become a very serious question as to conducting a large business40 ,in #ahea1 ,sir ,william ,cubitt spoke of an inventor of filters3-- 8,after he began to supply his customers1 he received notice from a house in ,liverpool that he would be prosecuted2 he received intimation of legal proceedings against him for interfering with his1 the ,liverpool man's1 ,patent4 ,i have some of those filters4 ,the manufacturer of these things1 who had no ,patent1 came to me to consult me upon the subject4 ,i at once saw how the case stood1 having regard to the specification of the ,liverpool patentee1 that he 7the latter7 had taken out a ,patent for that which another man had before done1 so exactly that the words of the specification and the drawings fitted the first man's invention1 which was without a ,patent1 therefore his ,patent would have been null and void4 ,i advised my friend to write to the patentee to inform him of the fact that he had taken up a case which he could not support1 and that he himself was infringing upon the invention of the first man1 who had no ,patent2 that brought the ,liverpool man to me1 ,i having been referred to as having one of these filters in use4 ,i explained to him that ,i had had the patent filter of the other man for two or three years4 ,then what was to be done8 ,i advised my friend1 who was in fact one of the ,ransomes1 of ,ipswich1 to tell the ,liverpool patentee if he did not come to some arrangement of a business-like nature1 he himself would have to become the prosecutor1 and to sue out the #8scire facias' to make him prove his ,patent-right1 which is an expensive legal proceeding1 and very troublesome to a patentee4 ,i believe they have since made some business arrangement2 but that shows how ,patents may be1 and are frequently1 taken out for things which have been previously invented40 ,as to the bad effects of ,patents1 ,i quote again from ,mr4 ,scott ,russell3-- 8,the unlimited power given by a monopoly to an inventor has this practical effect at present1 that when an invention has been made the subject of a ,patent1 everybody shrinks from it1 everybody runs away from it1 everybody avoids it as an unlimited evil1 because the person who has the monopoly can subject you to a most expensive prosecution1 and can charge you a most inconvenient sum for what you have done1 and can punish you in every way for having touched his invention40 ,mr4 ,grove says it is natural that people should yield to the holder of the ,patent1 for1 if 8,he has a letter from a patentee saying1 #8,you are infringing my ,patent2' ,i do not believe that the tradesman would go to the expense of litigation with the patentee1 and for this reason1 it is the patentee's interest to give a very large sum of money to support his ,patent4 ,his ,patent1 although for a very trivial thing1 may1 taking the vast extent of sale1 be a very lucrative affair1 and therefore it is worth his while to lay out a large sum of money to support his ,patent4 ,it is not worth the while of the opponent1 because he has only a little stock which affects him2 the patentee has his whole interest consolidated in the ,patent4 ,all those who might oppose the ,patent are a scattered body1 namely1 the public generally1 not one of whom has any strong interest in opposing the ,patent2 and ,i believe that that has been very much worked by patentees1 particularly in a small and comparatively frivolous and perhaps an all but useless invention4 ,the public is a scattered body1 not one of whom has sufficient interest to meet with equal force the patentee40 ,mr4 ,platt1 ,m4,p41 presents the following case1 to show how unprincipled people use the power which the law gives them1 and how1 even with a good case1 if they but knew it to be so1 people in business are led to succumb to extortion3-- 8,the fourteen years of the ,patent had expired1 and five years1 so that it was nineteen years from the date of the ,patent before the action that ,i now speak of was commenced4 ,it was commenced by the parties1 and ,i may say that the person who was the original patentee was a person of no money whatever2 but he persuaded some party1 ,i believe some lawyer1 to advance some money in order to take up this case4 ,i know that many machine-makers1 rather than contest the case1 absolutely paid the money--the different sums of money that were demanded of them4 ,i came up this afternoon with a gentleman in a train from ,manchester1 who mentioned this case to me1 and who stated that one of his own clients offered as large a sum as #b1jjj in one case1 to settle the matter4 ,i found that the system was to attack the smaller men1 and by that means to extract money in different ways1 and there have been a number of instances in which parties have paid in that way4 ,although not attacked in this instance myself1 a neighbour of mine was2 ,i looked over his evidence1 and ,i told him that ,i thought ,i could amend it very much1 and ,i told him further that ,i would be a party to the expense4 ,i said1 let me take the case in hand1 which ,i did4 ,now1 nineteen years is a very long time for a machine1 and this machine was of a very valuable kind2 hundreds upon thousands had been made during the nineteen years1 and if this person could have established his claim to a ,patent-right1 he would have made a very large sum of money1 so large as to be almost incalculable4 ,it so happened that ,i recollected1 when it was brought to my memory1 that we had made a number of those machines long before the date of that ,patent1 and the difficulty then was to prove that such a machine had been made1 for in nineteen years1 speaking of cotton machinery1 such machines would probably all have been broken up1 scarcely any were to be found in the country2 but it so happened that in one instance a very large firm of manufacturers in ,preston1 of the name of ,horrocks1 ,miller1 and ,co41 had two or three of these machines still left4 ,i got ,mr4 ,miller to come up to ,london1 and we brought one of these machines with us4 ,it was taken into court1 and in a moment their own witness admitted that this was precisely the same thing that the other parties had been paying royalty to this man for1 and the case was at once abandoned by ,mr4 ,webster1 who was then conducting it40 ,sir ,w4 ,armstrong told the ,commission3-- 8,another great evil of the ,patent system is this1 that an invalid ,patent really answers the purpose of protection almost as well as a valid one4 ,i believe that there is not one ,patent in ten which would bear scrutiny1 and the mere name of a ,patent often answers all the purpose4 ,nobody will face the litigation necessary to get rid of it4 8,in very many cases people prefer to pay black mail rather than undergo the expense of a law-suit8--,in almost all cases2 ,i know that in my own experience1 if ,i find that a man has a ,patent which ,i am satisfied is not a valid one1 ,i would rather go out of the way to avoid any conflict with him40 ,so also ,mr4 ,curtis3-- 8,i have in one or two cases given #bjj to a party for the use of an invention in which ,i have told him at once that what we used was not an infringement in any shape or form2 but rather than run the chance of going to a tribunal where ,i was fighting with a man of straw1 ,i have consented 7thinking it was prudent to do so7 to pay #bjj40 ,mr4 ,woodcroft1 in keeping with all this1 testified-- 8,i know of existing ,patents which are but old inventions1 as old as the hills40 ,the following extract from the ,transactions of the ,national ,association for the ,promotion of ,social ,science presents another illustration of the mischief the ,patent system works3-- 8,the ,patent in question having been purchased for a trifle by ,mr4 ,foxwell1 its merits were subjected to close scrutiny1 and the specification being found to be defective in some respects1 but possessing the quality of elasticity from the vagueness of its phraseology1 it was resolved to improve it under the ,disclaimer and ,amendment ,act4 ,after undergoing a compound operation analogous to pruning and grafting1 it was found to embrace almost every kind of shuttle sewing machine4 ,in other words1 it was hoped by the possession of this invaluable ,patent to control nine-tenths of the sewing machine trade of ,great ,britain4 ,fired with this idea1 ,mr4 ,foxwell commenced legal proceedings against a well-known sewing machine manufacturer for compensation for an alleged infringement of his amended ,patent1 and at the third trial succeeded in driving his opponent into a compromise1 whereby the sum of #d1bej was paid in liquidation of all demands4 ,encouraged by this success1 he1 through his solicitor1 apprised the trade of his intention to levy royalties on the users of all needle and shuttle machines other than those manufactured by his licences1 and1 failing to bring many to his terms1 he filed bills in ,chancery against #acd defaulters40 ,mr4 ,abel1 of ,chancery-lane1 in a recent pamphlet1 writes thus1 to show how1 in self-defence1 ,patents require to be taken3-- 8,in many cases an inventor takes out ,patents for immaterial improvements that he is continually making in his processes or machinery1 merely for the purpose of indisputably publishing those improvements1 in order thereby to prevent the chance of his being debarred from the use of the same1 through a ,patent being obtained for them by somebody else40 ,the following statement is authenticated by ,mr4 ,grove3-- 8,i had at one time great doubts about it1 but things have arrived at a dead lock4 ,the ,courts now really cannot try these cases4 ,we have at these very sittings three ,patent cases made remanets because they cannot be tried2 they interfere too much with other business4 ,we have at this moment going on a ,patent trial which is now in its fourth day4 ,we have had within1 ,i think1 a week another trial of a ,patent1 which lasted seven1 and a third which lasted five days4 ,during the time that these ,patent cases have been going on there have been heavy ,patent arbitrations going on1 two of which ,i can speak to myself2 one1 ,i think1 lasted seventeen days1 and the other1 which involved a very simple issue1 lasted six or seven days4 ,those arbitrations went on contemporaneously1 and the cases were obliged to be tried by arbitration because the ,courts could not try them2 it would have occupied too much public time4 ,while these cases have been going on several ,patent cases have been also ready for argument in banco1 and one has been postponed40 ,on this part of the subject ,i again cite ,mr4 ,platt3-- 8,there being an adjournment1 for example1 for a fortnight or three weeks1 is there constantly a fresh burst of evidence to meet the difficulty raised at the last meeting8--,yes1 it is so2 and that prolongs the case very much2 in fact1 the case that ,i have in my mind now ,i have no doubt will cost the parties a sum of #d1jjj or #e1jjj4 ,i cannot see how it is possible for the verdict to be against them1 for it has been a frivolous and vexatious proceeding from the beginning1 and with the idea of extorting money40 ,and ,mr4 ,scott ,russell3-- 8,in your experience have you not seen a great number of dishonest litigants1 plaintiffs who bring actions in the way of persecution1 and defendants who desire to destroy a ,patent1 and where one or other of the parties for the most part acts in bad faith1 trying to injure his adversary in any way that he can8--,i should say that the greater number of ,patent cases are cases of oppression4 8,have you known cases of oppression where the patentee has been the oppressor8--,yes1 frequently4 8,have you known cases of patentees with a good ,patent1 and in which there has been what may be called a dishonest attempt to destroy it8--,yes1 ,i have known both on a very large scale2 for example1 there was the great hot blast case4 ,i was engaged in that from the beginning in the capacity of arbitrator2 and in that great hot blast case the whole litigation arose from the ironmasters1 who were making enormous sums of money1 wishing to get rid of a very small ,patent rate per ton1 which had accumulated to an enormous sum in consequence of the success of the ,patent4 ,the expenses in the hot blast ,patent case amounted1 ,i should think1 to more than #ajj1jjj40 ,in the celebrated capsule case1 the expenses have been somewhere about half of that enormous sum4 ,in another case1 about three-quarters of it4 ,how true1 then1 is the following1 from ,chambers' ,cyclopdia3-- 8,when a ,patent has been granted1 if it is of such a nature as to lead to competition1 infringements are almost matter of course2 and the only mode of discovering and checking the infringement is so ineffective that inventors generally pass their lives in constant litigation1 fighting a succession of imitators1 who often have nothing to lose by defeat1 and therefore entail all the greater burden on the legitimate manufacturer4 ,it has been said that not more than three per cent4 are remunerative4 ,a ,royal ,commission has lately been engaged in inquiries as to the best mode of remunerating inventors and improving the law with reference to infringement2 but it is doubtful how far the subject is capable of being put on a better footing1 so many difficulties being inherent in it40 ,and how many of these pernicious ,patents do honourable members think have been repealed8 ,allow me1 as to this1 to quote ,mr4 ,grove-- 8444 ,very few ,patents have been repealed1 and1 generally speaking1 the patentee has been victorious40 ,and the ,commissioners' ,report3-- 8,number of ,patents repealed by scire facias from #afag to ,october1 #aheb #ai 8,number of ,patents repealed by scire facias from ,october1 #aheb1 to ,december1 #ahfa ,none40 ,a natural question suggests itself1 ,who is to get a ,patent1 since in many cases there is a plurality of almost simultaneous inventors8 ,listen to the words of ,mr4 ,webster1 ,q4,c41 author of well-known books on ,patent-,law3-- 8,i have frequently had brought before me five or six ,patents for the same thing within two or three years1 or perhaps even within a year4 ,i remember a remarkable case of a ,patent for an improvement in railway wheels1 where there were as many1 ,i think1 as six ,patents almost within six months40 ,sir ,w4 ,armstrong shows that sometimes the chief benefit of inventions goes to the wrong parties3-- 8,a person obtaining a ,patent for a crude invention prevents other persons from entering upon the same ground unless at their own peril1 and ,i have known cases where1 in the ignorance of the existence of a ,patent1 improvements have been made1 and practical value given to an invention which has been previously patented1 and then that patentee has come forward and said1 #8,that is my invention1 and you must pay me for using it4' ,other people have given additional value to his ,patent1 that is to say1 they have made improvements which he can appropriate to his ,patent1 and in that way it gives it an additional value4 ,the mere conception of primary ideas in inventions is not a matter involving much labour1 and it is not a thing1 as a rule1 ,i think1 demanding a large reward2 it is rather the subsequent labour which the man bestows in perfecting the invention--a thing which the ,patent-,laws at present scarcely recognise4 8,but you are unable to do so1 because you cannot interfere with the ,patent over it4 ,do you find practically that that clogs the progress of invention8--,i will take one of my own inventions4 ,i will take an hydraulic crane1 for example1 which ,i will suppose that ,i do not patent1 and ,i will suppose that another person invents an improved valve and applies it to hydraulic cranes1 and that he patents that improvement upon hydraulic cranes2 clearly the result of that is1 that if it gives an improved character to the whole machine he will obtain the monopoly of the machine1 because he has a ,patent for the improvement1 and that carries with it the machine itself40 ,mr4 ,webster shows how it is that men of science1 the real discoverers1 miss reward3-- 8,the number of inventions brought out by purely scientific people ,i believe to be very few1 and for this reason3 purely scientific people want practical knowledge to enable them to carry out their own ideas2 the mass of inventions1 ,i have no doubt1 are made by workmen1 or persons of skill and science engaged in some actual manufacture40 ,mr4 ,i4 ,k4 ,brunel tells-- 8,cooke and ,wheatstone derived1 ,i believe1 a large sum of money from the electric telegraph2 and ,i believe you will find fifty people who will say that they invented it also4 ,i suppose it would be difficult to trace the original inventor of anything40 ,sir ,w4 ,armstrong speaks regarding that frequent case-- 8,an idea which is present to the minds of very many persons at the same time4 ,without any reference to his competency to develop that idea1 and to give it practical value1 he is allowed to have a monopoly of it1 and thereby to exclude all other persons40 ,he points out that-- 8,as soon as a demand arises for any machine1 or implement1 or process1 the means of satisfying that demand present themselves to very many persons at the same time1 and it is very unfair1 and very impolitic ,i think1 that the person who gets first in the race to the ,patent-office should have the means of preventing all others from competing with him in the development of that particular means of process40 ,mr4 ,grove1 ,q4,c41 eminent in science as in law1 hints at a remedy3-- 8,i am speaking of classes of inventions which1 if they may be called inventions at all1 would inevitably follow the usual course of trade and the fair scope which every man should have for modifying or improving his commodity4 ,i would not shut out the public from those things4 ,i would exclude from ,letters ,patent those changes which would naturally follow in the ordinary uses of the machines4 ,i would not prohibit a tradesman from exercising the same ordinary skill in using his machine as we should all be expected to exercise in anything which we happened to make or from changing its form40 ,another question as naturally thrusts itself forward1 ,how far have we benefited by having more ,patents8 ,although the ,act of #aheb has greatly multiplied the number1 ,mr4 ,woodcroft1 the intelligent head of the ,patent-office1 gives the following answer3-- 8,there has been no considerable increase of bon fide ,patents compared with the old law8--,no40 ,very suggestive are the following observations of ,mr4 ,grove1 as showing which are the kinds of invention1 so-called1 that pay best1 and how absurd1 if people would reflect1 they must consider our present mode of rewarding and stimulating invention3-- 8,a ,patent may be an extremely valuable invention2 for instance1 the manufacture of aluminium is of the utmost importance1 but it was of very little trade value for a long time4 ,when aluminium was first made what ,i may call a practical manufacture1 it was of no value to any tradesman at all2 it would take probably ten or twenty years before such a thing could have any approach to practical value4 ,on the other hand1 the most frivolous ,patent--the turn of a lady's hat1 the cutting of a shirt-frill1 or a new boot-heel--may be of very considerable value1 from the number of bootmakers all over the country who would have to order it1 every one of whom would pay an extremely trifling licence duty1 and therefore the ,patent would be a very good ,patent to the patentee4 ,in my judgment those are not good subjects for ,patents1 and there the opponent would have no interest equivalent to that of the patentee to meet him4 8,although ,i know that the ,law ,courts have come step by step to include a greater number of inventions1 yet ,i should not call an improvement in a shirt-frill1 that is to say1 a peculiar method of cutting the little puckered linen which is sewn and used for shirt-frills1 or a particular shape of the brim of a lady's hat 7,i am speaking of existing ,patents71 a proper subject for a ,patent40 ,the following is from the evidence of ,sir ,francis ,crossley1 ,bart41 ,m4,p43-- 8,a ,patent was taken out for simply putting india-rubber at the end of a glove1 so as to make it tight round the wrist2 that might have been considered a frivolous ,patent1 but ,i believe that it was thought to be a very good one in the trade1 and it was new and useful40 ,so ,mr4 ,richard ,roberts1 of ,manchester-- 8,in the case of an improved button1 the ,patent pays very well40 ,of another class of illegitimate ,patents1 ,mr4 ,newton1 the eminent ,patent ,agent1 says3-- 8,patents for obvious applications4--,i may take for instance the use of alpaca for covering umbrellas4 ,there is no invention in it40 ,in #ahea ,mr4 ,carpmael was as distinct and condemnatory3-- 8,a multitude of things for which ,patents are granted have no invention in them2 in nineteen cases out of twenty1 if there were cheap ,patents1 they would be for things which already exist1 and people would only use ,patents for the purpose of advertisement and publication4 8,if you grant a ,patent1 and give to a man the means of advertisement1 for a small sum of money1 he will not investigate it in the slightest degree in the world2 he does not inquire1 and does not wish to inquire1 but he goes and spends his money1 and then he advertises1 because the ,patent appears to give him a standing different from his competitors in the same way of business40 ,in #ahbi ,mr4 ,farey1 ,patent ,agent1 went further3-- 8,i have urged the utter worthlessness of their ,patents1 but they did complete the specification2 they have sometimes acknowledged1 and said perhaps they might nevertheless sell the ,patent to some one who did not know that fact40 ,mark now how ,patents hinder progress in manufacture4 ,hear ,mr4 ,brunel3-- 8,take the ,electric ,telegraph ,company4 ,i believe we should have had that telegraph much improved1 and that it would be working much cheaper1 and that we should have had it all over the country1 but for the misfortune they laboured under1 of having ,patents which they were obliged to protect2 and they were obliged to buy up everybody's inventions1 good or bad1 that interfered technically with theirs4 ,i firmly believe that they have been obliged to refrain from adopting many good improvements which they might have introduced themselves1 but did not1 because they were afraid that it might shake their ,patent2 and ,i believe that the stoppage put to inventions by this state of things is far greater than would result from secrecy40 ,the same is certified by ,sir ,w4 ,armstrong3-- 8,i am quite satisfied that a very great number of inventions which have remained inoperative for years and years1 many of which ,i could easily name1 would have been brought to perfection very much sooner if it had been open to all the intellects of the country to grapple with the difficulties of them4 8,may we take it that under the present system1 if a man has obtained a ,patent with little or no inquiry1 although that ,patent would not stand investigation if opposed1 yet if the patentee is content to impose a moderate tax upon those who want to use his invention1 they will pay that sum without its being worth anybody's while to contest it8--,yes4 8,do you believe that the cases of that kind are very numerous8--,very numerous1 and the cases are still more numerous in which the existence of a monopoly simply has the effect of deterring other persons from following up that particular line of improvement40 ,another effect is the restraining of publication4 ,hear ,mr4 ,richard ,roberts' thrilling representations3-- 8,i have a list of something like #ajj inventions that ,i should have patented thirty or forty years ago1 but for the cost4 8,i could mention one by which many lives would have been saved if ,i had had a ,patent for it4 8,i very rarely make models1 but ,i had one made for this4 ,it was made many years ago4 ,i invented it in #ahcj1 and ,i mean to say that1 if it had been put into practice1 things would not have happened which have happened1 and which have caused the loss of many lives1 as connected with railways40 ,i adduce this evidence to prove that inventions actually made are kept back just now4 ,i don't require to go far for a party who has two or three small inventions 7not connected with his own line of business72 but--such is our 8system0--no ready means to publish1 and so has for years kept them back4 ,but a more remarkable instance is present to my mind4 ,since about twenty years the same party1 having been then consulted by an employ of a house near ,birmingham1 is the reticent possessor of an inventor's secret4 ,that inventor's name he does not know4 ,his invention is ingenious1 and may be practicable4 ,it affects an article of universal consumption1 and1 so far as ,i know1 has never been patented or thought of by anybody else than he who confided the secret1 nor introduced to use by him1 although1 in my opinion1 sufficiently promising to be worthy of attention4 ,one of the ways in which ,patents hurt trade is shown by ,mr4 ,platt3-- 8,are there not some large manufacturers who like to keep the monopoly of a ,patent in their own hands1 who obtain money and go on manufacturing without granting licences to others8--,yes40 ,sir ,w4 ,armstrong testifies to this power to refuse licences3-- 8,is it not the case that such possessor could refuse you a licence1 and so prevent you from making the improvements altogether8--,certainly he could40 ,lord ,chelmsford confirms the legality of this procedure3-- 8,if he chooses to work the ,patent himself exclusively1 it is only doing what the law permits him to do40 ,where there is not downright refusal1 ,sir ,w4 ,armstrong shows that patentees ask too much3-- 8,i have known patentees very exorbitant in their demands for licences--far beyond the merits of their inventions4 8,in that case the power of fixing an exorbitant price1 really preventing the use of the article altogether1 operates very disadvantageous to the public8--,no doubt of it40 ,so ,mr4 ,newton3-- 8,the claims of patentees are very frequently1 and ,i may say generally1 excessive1 and beyond the real value of their inventions2 but there may be cases in which new conditions of things arise1 and the invention1 if invention it may be called1 becomes a matter almost of necessity1 and the public must have it4 ,the case which has been put1 ,i think1 is a very strong one1 in which a public company or a large capitalist buys up all the existing ,patents1 and thereby acquires a power which may be exceedingly oppressive4 8444 ,i have seen much folly in the refusal of licences4 ,i introduced the sewing machine into this country4 ,i sold it for a small sum1 and ,i offered some years afterwards to the owner of the ,patent as much licence-money as #ajl4 per machine1 and that was refused4 8,a poor man invented and patented the making of #8cock-spurs' 7supports for dishes and plates while submitted to furnace heat7 by means of dies1 and established a small business upon the manufacture4 ,some years later a gentleman improved upon the invention so far as to make the cock-spurs #ejj at a time instead of singly4 ,the earlier ,patent being brought to his notice1 he desired to make terms with the original inventor1 and offered him a liberal sum1 together with the sole right to sell the new manufacture in his own locality 7the potteries74 ,he could not1 however1 be brought to accept these1 or indeed any terms2 but1 contrary to advice1 commenced an action for the infringement1 and was cast by reason of an unimportant claim in his specification being untenable40 ,as a preventive of this abuse1 and almost as a sine qu non in the ,patent system1 8compulsory licences0 have been proposed 7see the proceedings of the ,social ,science ,association1 #aheh1 #ahfj1 '#fa1 '#fb1 '#fc1 '#fd71 but the ,royal ,commission has reported against them as impracticable4 ,no wonder1 then1 that it is said the system hurts inventors themselves1 even those inventors who are patentees3-- 8,nothing could work greater injustice qua the inventors themselves than the present ,patent-,law does4 ,many most meritorious inventors under the present ,patent-,law are utterly ruined1 enrich others1 and never pocket a farthing themselves2 therefore the present law is as unjust as a law can be in its practical working40 ,listen to the elder ,brunel3-- 8,almost invariably when the ,patents come before the public1 the beneficial interest in them is not held1 to any great extent1 by the original inventor1 but that it has changed hands many times before it comes out before the public4 ,i should say that1 in the majority of cases1 the original inventor gets little or nothing4 ,in most cases the original inventor has a very small beneficial interest left in it1 and in most cases ,i doubt whether1 even in ,patents that are saleable1 he is much the gainer on the whole1 taking into account his previous loss of time and money40 ,sir ,w4 ,armstrong points out how1 and how much1 poor inventors suffer3-- 8,i have every week letters from inventors1 and ,i dare say you have the same2 ,i have scores of them4 ,poor men very often come to me imagining that they have made some great discovery4 ,it is generally all moonshine1 or1 if it looks feasible1 it is impossible to pronounce upon its value until it has passed through that stage of preliminary investigation which involves all the labour1 and all the difficulty1 and all the trouble4 ,many a poor man is ruined by fancying he has made a discovery which1 by means of a ,patent1 will bring him a fortune4 ,he loses all relish for his usual pursuits1 and sacrifices his earnings to a phantom40 ,mr4 ,spence agrees3-- 8,i do not believe that any system of law could be devised which would enable a poor inventor in this country to fight his own battle4 ,he can only fight it by interesting some capitalist1 more or less wealthy1 in the probable promise of his invention2 the result is1 as all know1 that some ninety-eight out of every hundred ,patents end in loss to the parties and are worthless to the public40 ,mr4 ,grove leads to the same conclusion from another point3-- 8,if the patentee himself was a wealthy man and a large manufacturer1 having #bj1 #cj1 or #dj ,patents in his possession1 he would struggle to the utmost to maintain his ,patent2 he would retain the ablest advocates and the ablest scientific witnesses2 and there would be no chance of repealing the ,patent unless the person opposing it had something like an equality of purse to go into the field4 ,you never could get the battle fought if one side was wealthy1 without the opposite party having something like equal powers to oppose him40 ,mr4 ,brunel thus states his conclusion3-- 8,i believe them to be productive of almost unmixed evil with respect to every party connected with them1 whether those for the benefit of whom they are apparently made1 or the public40 ,i proceed to call attention to the effect of ,patents as seen and felt in ,government establishments4 ,before doing so ,i quote experience in a private shipbuilding-yard4 ,mr4 ,hall1 the eminent builder of the ,aberdeen clippers1 says3-- 8,as the sailor with his pockets full is a prey to the crimps1 so is a ship-contractor a prey to ,patent-mongers--patent windlasses1 patent reefing apparatus1 patent blocks1 patent rudders1 patent chain-lifters1 patent capstans1 patent steering gear1 patent boat-lowering apparatus1 patent paints1 and numberless others1 all attempting to hook on to the poor contractor4 ,this would be no grievance1 were we not aware that most of them are patent humbugs40 ,like many others1 he thinks it very doubtful whether the inventor 8,would not be as well without a law which still allows the strong to prey on the weak40 ,the following is from the evidence of the ,duke of ,somerset3-- 8,i appear to bring under the notice of this ,commission the great inconvenience to the ,admiralty of the present state of the law4 ,the inconvenience consists in the apparent facility with which persons can obtain ,patents covering a very large number of different inventions under one ,patent4 ,for instance1 there is a ,patent which one gentleman obtained some years ago in building ships for a combination of wood and iron4 ,now1 it is almost impossible to build ships in these days without a combination of wood and iron4 ,therefore a ,patent of that kind1 where it is wide-spread1 as it is in this case1 brings us continually under difficulties with this patentee4 ,whenever we apply wood and iron1 he is watching to see whether or not his ,patent is invaded1 and he complains and says that different improvements which we have made without any notion of his ,patent have been infringements of his ,patent rights4444 ,we do not know what ,patents are now lying dormant2 we never move without knocking against several4 ,i think that we are stopped at every turn4444 ,in the case of the screw-propellers the ,admiralty1 in #ahea1 purchased five different ,patents1 hoping that they should have peace by that means1 but they had all sorts of claims afterwards2 they were told that they had infringed different ,patents1 and they have had to pay for other ,patents since4 8,persons run and take out a ,patent for what they think is going to be done in that way4 ,there are a great many in the case of iron ships4 ,i think that when the ,warrior was built there were five or six persons who all said that their ,patents were infringed1 though ,i believe that1 when the ,warrior was designed1 none of their ,patents were known to the designer1 and they had never been used4444 ,they showed me different forms of shot which had been made in the ,arsenal a great many years ago1 but all of which had since then been patented by different persons1 who claimed these forms of shot under their ,patents4 8,then there are cases of disputed claims by rival inventors1 which are embarrassing to a department2 we do not know who has a claim to a ,patent1 and sometimes when we buy a ,patent of one person we are told that we have done a great injustice to another4 ,i remember that when we paid for the ,griffith patent screw1 which was cutting off a small portion of the screw1 ,i had repeated letters from ,sir ,howard ,douglas1 telling me that it was a great injustice to him2 that he had invented all this1 and that his fame was diminished1 and that his rights were taken from him by the ,admiralty1 who had most unjustly and unfairly paid ,mr4 ,griffith4 ,those cases are continually arising1 and of course they are very inconvenient for a department3 they not only take up a great deal of time1 but they very often prevent some very desirable process being gone on with40 ,admiral ,robinson said-- 8,there have been twelve upon the construction of ships since #ahfa4 ,mr4 ,bush ,construction of ships4 ,mr4 ,j4 ,clare ,construction of ships4 ,mr4 ,p4 ,drake ,construction of ships4 ,mr4 ,a4 ,lamb ,construction of ships4 ,mr4 ,w4 ,rae ,keels1 stern posts1 c4 ,mr4 ,thomas and ,col4 ,de ,bathe ,mr4 ,g4 ,clarke's target4 ,mr4 ,truss ,animal fibre4 ,armour plates4 ,mr4 ,beslay ,preservation of iron4 ,capt4 ,wheatley ,position of guns in ships4 ,m4 ,de ,lapparent ,carbonising timber4 ,commander ,warren ,bow rudder4 ,mr4 ,feathers ,construction of ships4 ,messrs4 ,woodcraft1 ,smith1 ,ericsson1 ,purchase of ,patents for screw ,lowe1 ,blaxland1 and ,mr4 ,currie4 propellers4 ,capt4 ,carpenter ,screw propeller4 ,capt4 ,trewhitt ,disconnecting apparatus4 ,mr4 ,griffith ,screw propeller4 ,mr4 ,j4 ,o4 ,taylor ,screw propeller4 ,w4 ,ireland ,cupola4 ,messrs4 ,laird and ,cowper ,trimming coals in ships4 ---- ,distilling apparatus in #8,defence4' 8,in those cases the patentees claimed compensation for infringement8--,yes2 and it was necessary for the ,admiralty to have recourse to their solicitor1 and to enter into a very long correspondence4 8,it is very possible that you may infringe upon these ,patents without knowing it8--,constantly4 ,the inconvenience which the ,duke of ,somerset has mentioned resulting from ,patents applied to shipbuilding is so very great that it is scarcely possible to build a ship1 being a combination of wood and iron 7and you always have some of each in a ship71 without treading upon somebody's ,patent2 and ,i am entirely of opinion that the ,patents are drawn up for that especial purpose1 without any idea of their being practically applied for the benefit of the public1 but only that the patentee may lie in wait for a colourable evasion of his ,patent taking place40 ,now ,i present the evidence of ,general ,lefroy1 deputed by the ,war-office3-- 8,the expectations of patentees are very extravagant1 generally speaking1 and prior to trial it is very difficult to determine at all what is the value of an invention4 ,as an example1 a gentleman some time ago made a great improvement in cooking apparatus1 and he assessed his own reward at a large portion of the whole saving in fuel which might be effected by the application of this improvement to an enormous extent upon the whole military consumption of the ,crown1 which would have come to many thousands of pounds4 ,such an improvement should not be assessed by the value to the ,crown1 but by what it cost the originator in intellectual labour or previous experiment1 and its importance in a large sense40 ,let me next cite ,mr4 ,clode1 ,solicitor to the ,war-office3-- 8,if he has not the power either of keeping those improvements perfectly secret1 or of securing them to himself by ,patent1 then the ,war-office authorities are placed in the position of having in all probability to pay private individuals for inventions or improvements actually made by their own officers40 ,next ,mr4 ,abel1 ,f4,r4,s41 ,head ,chemist to the ,war ,department3-- 8,in your experimental inquiries1 when you have happened to fall upon any discovery1 you have not been much annoyed by claimants saying that they have had precedence of you8--,not at all1 and it is to that that ,i referred in my first answer4 ,we do not meet practically with those embarrassments during experiments1 but we may meet with them in applying the details of improvements4 ,for instance1 ,i am at present engaged upon the working out of the application of gun cotton1 the whole details of which application were communicated as a great secret to this ,government by the ,austrian ,government4444 ,while every care was taken by this ,government to keep them secret1 a ,patent was taken out in this country for the whole improved process of the manufacture40 ,mr4 ,clode again3-- 8,some time after ,i commenced these experiments1 while they remained a perfect secret1 and while every care was taken by this ,government to keep them secret1 a ,patent was taken out in this country for the whole improved process of the manufacture4444 ,one of them who is present is experimenting upon gun cotton1 but it is with him a matter of extreme embarrassment to know how to deal with the subject2 if he discloses by way of specification all that he knows1 he sends the invention or discovery he has made away to the winds--the very night that it is put upon the file it goes to ,paris1 ,dresden1 ,berlin1 and elsewhere4 ,if he does not do that1 he is afraid that some man will find out precisely what he has in view1 and put a ,patent on the file1 and tax the ,government in that way4 ,so that we are upon the horns of a dilemma40 ,if ,i were now to stop1 and say not a word more1 ,i might trust to the candour of the ,house for an admission that the case against ,patents is proved1 on the ground that the conditions of the ,statute of ,monopolies have been systematically violated1 these violations being of the very texture and vitals of the institution4 ,but ,i proceed4 ,if the ,house permit1 ,i will now advert to the new phases the question has assumed since the inauguration of free trade1 understanding by that term le libre change1 and not la liberte du travail4 ,the pernicious effect of home ,patents on trade with our ,indian empire1 is stated thus by ,mr4 ,rendel1 in #ahea3-- 8,as engineer to the ,east ,india ,railway1 we had a little inconvenience the other day2 we wanted to manufacture articles patented in this country1 and we would have had to pay ,patent-rights2 it was a question whether we had not better buy the iron in ,india1 and avoid the ,patent-rights4 ,those cases1 ,i think1 are constantly occurring4 ,the ,patent-,laws not being applicable to ,india1 people will not unfrequently order things to be manufactured in ,india to avoid the licence dues in this country2 and the consequence was that ,i made an arrangement with the patentees at about one-half of the ordinary charge for the ,patent in this country40 ,in #ahea it was proposed1 and in #aheb an ,act was passed1 to limit ,british ,patents to the ,united ,kingdom1 with exclusion of the ,colonies4 ,this change was desired by an influential and intelligent portion of the ,west ,india ,association4 ,their conduct contradicted1 and their experience proves the fallacy of1 the allegation so confidently made and repeated in spite of its futility1 by some interested or else ignorant parties1 that inventions thrive most where ,patents exist--i4e41 where trade is trammelled with prohibitions or burdened with royalties4 ,the home sugar refiners exclaimed against an exemption which1 being partial1 operated against their trade4 ,the following is an extract from one of the petitions presented by that body3-- 8,that1 so far as regards home manufacturers and producers1 such a change of the immemorial usages of the kingdom is virtually a bestowal on parties carrying on the same businesses in the colonies of a right to use patented inventions fourteen years sooner than they4 8,that if1 at any time1 the ,british ,parliament might have put home manufacturers on such an unfavourable footing1 surely this cannot be supposed under free-trade and equalised duties1 when they must task their utmost energies1 and adopt every improvement in mechanism and processes1 in order to maintain their ground4 8,that the use of future ,patents1 at the rates that have been freely paid by sugar refiners for ,patents granted before now would subject each sugar house1 of average size1 to a payment of about #c1jjj a year4 8,that to exempt their competitors in the colonies from such a tax 7for tax it is1 payable by order of1 though not to1 the ,state7 is really to give them a bounty of that very large amount4 8,that1 in so far as patent fees may be considered a premium for stimulating improvements1 an equal share of the benefit is enjoyed by the colonists1 who1 therefore1 should bear a due share of the burden40 ,soon after that time1 protection having ceased1 the unfairness of burdening ,british manufacturers came more vividly into sight4 ,how can they compete with ,prussia and ,switzerland8 ,here is evidence regarding those countries4 ,from a ,prussian witness3-- 8,i am a member of the ,board of ,trade and ,commerce1 and at the same time a member of the ,patent ,commission4 8,will you be good enough to state what is the system adopted in ,prussia with regard to protection to inventions8--,we have the principle in our country to give as much liberty as possible to every branch of industry and art1 and1 considering every sort of ,patent as an hindrance to their free development1 we are not very liberal in granting them4 ,we merely grant a ,patent for a discovery of a completely novel invention1 or real improvement in existing inventions40 ,from an important ,swiss witness3-- 8,there is no want of persons to import them into ,switzerland1 although those persons thus importing them obtain no monopoly8--,when a ,patent is taken out in ,france or ,england1 the process is published2 therefore it becomes the property of the public in ,switzerland2 the ,swiss have access to the ,french or ,english ,patents4 8,in that way the ,swiss have the benefit of the invention without the charge of the licence8--,yes4 8,and so far they have an advantage8--,certainly4 8,when inventions in the watchmaking trade are made in ,france1 are they immediately introduced into ,switzerland8--,i should think so1 if they are useful40 ,how1 ,i ask1 can ,british manufacturers compete with ,prussia1 which prudently grants less than #ajj ,patents in a-year2 or with ,saxony1 which grants only about #acd2 or the ,netherlands1 which grant only about #db8 ,rather1 ,i may ask1 how can they compete with other countries in general1 even those that grant ,patents freely1 seeing that it is not incumbent on the ,british patentee to take a ,patent in any other country whatsoever2 seeing also that1 unlike some countries which grant ,patents1 we in most cases do not terminate the currency of those we grant at the time when the ,patents taken elsewhere expire8 ,honourable members will understand how serious is the disadvantage under which our manufacturers1 and with them1 of course1 the labourers and artisans who co-operate in manufactures1 are placed if they are precluded from using inventions which their continental rivals may use4 ,when licences are given by patentees1 the disadvantage is lessened1 but not very greatly4 ,the ,house will agree when it hears how enormous are the royalties sometimes exacted4 ,for a set of inventions in the iron trade1 which is not the subject of ,patents in ,prussia1 a single firm is said to be paying at the rate of #af1jjj every quarter4 ,let me quote from a leading article in the ,engineer3-- 8,owing to the invalidation of his ,austrian ,patents1 ,mr4 ,bessemer derives no pecuniary benefit from the working of his inventions in that country4 ,this is also the state of things in ,prussia1 whose really iniquitously-managed ,patent ,commission have refused to give ,mr4 ,bessemer any ,patent at all4 ,the great ,prussian steel works there manufacture ,bessemer steel unweighted by any royalty4 ,we regret this1 not merely for ,mr4 ,bessemer's sake1 but also on public grounds4 ,our steel makers are thus heavily handicapped in the industrial race with royalties of from one to even three pounds per ton40 ,see a confirmation of this in the following piece of a private letter3-- 8,the very heavy royalty payable under ,bessemer's ,patent does1 to a very great extent1 prevent ,english manufacturers competing on the ,continent for steel rails2 but1 from the accidental circumstance of continental manufacturers being obliged to buy a considerable portion of their raw material from this country1 we have not been exposed to competition in ,england1 as the cost of carriage backwards and forwards about equalled the benefit which the ,germans enjoyed of paying no royalty40 ,the sugar-refiners1 in a printed document before me1 put the case1 convincingly no doubt to all who will consider how small is the percentage margin of profit in great businesses3-- 8,if1 for any invention1 ,french producers of refined sugar should have only royalties of one per cent4 ad valorem1 while the ,british should have to pay royalties of five per cent41 it is obvious the ,patent-,law may in effect impose on the latter a most onerous differential duty40 ,in that trade ,i myself1 shortly before my retiring from commerce1 paid #c1jjj for a year's right to use a new process1 which proved unworkable1 and had to pay a solatium of #a1jjj for leave to discontinue it4 ,the agricultural interest should not remain indifferent4 ,mark what was told the ,commission by ,mr4 ,reeve1 ,registrar to the ,privy ,council4 ,in ,mr4 ,bovill's ,patent there was charged a royalty of #f;d4 a quarter on all the corn ground in ,great ,britain by millers who thought it desirable to adopt his plan4 ,obviously the royalty in that case had the effect of a protective duty leviable for individual benefit1 and enabling foreigners to undersell in the ,british markets4 ,and what title to this power had ,mr4 ,bovill8 ,he was not the inventor4 ,another case is exhibited in the following extract from a private letter with which ,i am favoured1 from a highly respectable quarter3-- 8,patents have become so numerous and so various1 that it is not safe to use any piece of machinery1 or make any variation without first making a careful search to ascertain whether it is not protected by a ,patent4 ,the ,patent-,law has also been the cause of much litigation1 there being very few ,patents of any real worth but have had to go through the ordeal of the ,law ,courts1 and there can be little doubt that injustice has frequently been done both to patentees and to the public4 ,a case of considerable hardship connected with our own trade occurred regarding the application of the exhaust to grinding purposes4 ,it was clearly proved at the trial that the machine for which the patentee claimed protection had been in public use in ,denmark1 where it had been seen by a ,glasgow miller1 who erected a similar machine on his premises in ,glasgow1 but hastily threw it aside without putting it to a proper test prior to the date of the ,patent1 but it was held that no profitable use having been made of the machine by the ,glasgow miller1 the ,patent was good and perfectly protected4 ,in our opinion a ,patent obtained in such circumstances should never be allowed to stand1 and if some means could be devised for ascertaining the circumstances beforehand1 it should never be granted4 ,the trade suffered very considerably in consequence of this ,patent being sustained1 and the consequence was1 that although the patentee was not the original inventor1 he pocketed a very large sum of money4 8,a more recent instance has occurred1 however1 of a large sum being pocketed by parties not the inventors of the article patented4 ,we can1 however1 only give you the figures as popularly reported1 without vouching for their accuracy1 and in relating the story we shall endeavour to reply to your queries seriatim4 #ast1 ,the patented article is a machine for dressing millstones by means of a black diamond1 or piece of #8bort1' instead of by the hand with picks4 ,it was originally patented in ,france by the party said to be the inventor1 and shortly afterwards was patented by him in this country4 #bnd and #crd1 ,a ,leith commission agent 7a ,german7 and an ,edinburgh miller saw the machine in the ,paris ,exhibition of #ahfg1 and induced the patentee to bring it over to ,scotland for trial1 and ultimately they1 in conjunction with a third party1 purchased the patentee's right for the whole kingdom for #d1jjj4 #dth1 ,these parties immediately put the machine in the market1 and it was at once seized hold of by speculators1 who readily gave most extraordinary sums for it4 ,one party is said to have paid #dj1jjj for the right for a dozen counties in ,england2 another #ae1jjj for three counties2 and another #bj1jjj for some counties in ,ireland3 the whole sum realised by the original purchasers amounting1 it is said1 to upwards of #aej1jjj4 #eth1 ,the consequence is1 that such enormous sums having been paid by the speculators1 the trade can only get the use of the machine by paying a most exorbitant price1 and hitherto it has remained all but a dead letter4 ,we cannot give you in round numbers the amount expected to be realised by the speculators1 but the price originally charged by them would have yielded four or five times the amount they paid if the whole trade had become purchasers4 ,this machine has not yet been the subject of litigation1 but there is every probability that it soon will be40 ,but ,i can reproduce a case where the effect was far1 far worse1 communicated to me in a private letter3-- 8,the patentee of the ,howard series of improvements in sugar-refining granted licences to houses in ,liverpool and ,hull1 with a condition in each case that he would not grant a licence to any party carrying on business within seventy miles of either town4 ,a sugar refiner of long standing1 established in ,sheffield1 applied for a licence1 and was refused for the reason above stated1 ,sheffield being just within the prescribed distance4 ,the consequence was1 he had to carry on his manufacture for nearly fourteen years on the old system2 and during this period sustained great losses by working1 which he1 as well as parties cognisant with the facts1 attributed to the disadvantage he was compelled to carry on under4 ,his fortune disappeared1 and he became insolvent4--,i am1 c4 8,sheffield1 ,december #ag1 #ahfc40 ,this distressing result will1 ,i trust1 drive home the conviction that1 great as is the evil of multiplying ,patents1 it would be but a mitigation not worthy of being looked to as a cure1 to get the number lessened4 ,if in an earlier part of this address ,i have shown that the condition not to produce 8general inconvenience0 has been preposterously set at nought1 surely these passages prove no less conclusively that there has been equal disregard of the condition not to 8hurt trade40 ,i will satisfy myself1 and ,i hope the ,house1 with one extract only to prove what ,i apprehend is the rule rather than the exception1 that ,patents offend against the other condition1 not to 8raise prices40 ,it is from a paper read by ,mr4 ,lowry ,whittle before the ,statistical ,society of ,dublin3-- 8,i was informed lately of a case in the ,north of ,england where a successful patentee produced a machine at the cost of #bjj for working in the linen trade4 ,on this machine his royalty is #a1jjj40 ,i may give one instance from my own experience1 where the pretensions of the applicant for a ,patent were equal to about a farthing a pound on all the sugar that the process perfected4 ,the ,house may understand the hardship this would inflict on the population when told that it was for the use of a single process only1 or rather of a machine invented by another1 an engineer firm1 who had overlooked1 and not included in their ,patent1 its applicability to sugar4 ,my experience in that case was very instructive4 ,pardon my introducing a few particulars4 ,i have no reason to think the idea of applying the machine to the refining of sugar was original2 on the contrary1 it had been already made practical on the ,continent4 ,nor was the idea patented by my friend alone2 on the contrary1 to several persons it had occurred1 by some 7,i forget how many7 it had been patented4 ,one of my partners and ,i had a good deal of travelling in ,england and ,scotland1 when we discovered the first patentee of the application at length4 ,we traced the indubitable priority home to a good neighbour1 whose office was within a bow-shot of a sugar-house of which ,i myself was managing partner4 ,he told me1 when ,i called about his ,patent1 that he had not attended to it for years4 ,i regret to be able to add that he was afterwards led1 by representations which ,i will not characterise1 to part with his privilege--it was really a very valuable one--for a most inadequate consideration1 to a person who had applied for a parasitical ,patent for something1 the value of which could not be substantiated4 ,perhaps the worst of all is1 that the really most meritorious person1 the patentee of the machine1 got comparatively little advantage from its new but natural application4 ,a coalition was formed whose terms violated one of the conditions to which ,i have called attention1 by charging an exorbitant price for the machines1 and1 what is the greatest mischief of ,patents as now administered1 by further charging high royalties proportioned to the quantity of work they did4 ,now will the ,house consider why it subjects the nation to all this inconvenience1 loss1 and expense8 ,it is not because without it we would miss many important inventions4 ,the groundlessness of such a fear has already been indicated with sufficient plainness4 ,the ,house can hardly doubt1 from its individual acquaintance with what goes on in the world1 and from the extracts ,i have troubled it with1 that whatever argument in favour of maintaining a ,patent system may be founded on the claims of inventors1 the material interests of the nation would suffer little from the cessation of ,patents as a stimulus4 ,unquestionably1 if the system induces some inventions to be made and published1 it deters others4 ,what we gain is a matter of doubt4 ,that much inconvenience is inflicted by it1 and much disadvantage and very heavy burdens1 is no matter of doubt4 ,it is a case in which we have to balance the positive disadvantages against the supposed advantages4 ,to enable the ,house to weigh these1 by seeing how few inventions we would lose by total abolition1 a few more quotations may be permitted4 ,very significantly ,mr4 ,richard ,roberts answers3-- 8,would the absence of ,patents for inventions1 in your judgment1 have any effect in producing secret trades2 or have you had any opportunity of judging whether non-patented inventions are used much in secret trade8--,i do not think there is much secret trade1 but ,i know this1 that no trade can be kept secret long2 a quart of ale will do wonders in that way40 ,let me adduce ,mr4 ,woodcroft3-- 8,do you think there is any natural tendency or propensity in inventors to keep to themselves their inventions1 or have they a natural tendency to make them known8--,the natural tendency of an inventive mind is to make the invention known40 ,i now adduce the late able ,mr4 ,fairrie3-- 8,you believe that the same energy of mind would be displayed1 and the same anxiety to make new discoveries felt1 whether there were this hope of protection or not8--,i think so2 in the case of manufacturers certainly4 ,i think the great bulk of improvements proceed from the manufacturers themselves1 and not from mere inventors40 ,hear ,colonel ,reid1 so well entitled to speak3-- 8,supposing the law were so modified as to make the acquisition of a ,patent easy and simple1 and to provide for the publication at the earliest possible period1 do not you think there would be more inducement to the disclosure of the secret under such a system than if all privileges of the kind were abolished8--,i am inclined to think that the advance in improvement in all our arts would be greater by leaving them entirely unshackled40 ,sir ,w4 ,cubitt was asked-- 8,have you ever been an inventor yourself8--,yes1 of many things2 but a patented inventor of but one4 8,you have taken out a ,patent8--,i took out a ,patent in the year #ahjg4 8,has your attention been at all directed to the advantages or disadvantages of the present system8--,yes1 it has been drawn to the subject very frequently indeed2 but the more it was drawn to it1 and the more ,i saw of it1 the less ,i approved of it2 but with that disapproval ,i could not satisfy myself how to devise anything much better2 whether to make alterations1 or whether to do away with ,patents altogether would be best1 ,i can hardly determine4 8,will you state1 generally1 your objections to the present system8--,the objections to the present system are the very advanced state of scientific and practical knowledge1 which renders it difficult to secure anything4 ,the principles of mechanism being very well known and very well understood1 inventions involving exactly the same principle and to effect the same object may be practically and apparently so different1 that ,patents may be taken out for what is only a difference in form1 intended to produce the same effect1 without there being any difference in principle40 ,so ,sir ,w4 ,armstrong3-- 8,my firm conviction is1 that if there was no artificial reward for invention you would have just as much as at present40 ,mr4 ,grove perhaps goes at least part of the way3-- 8,the ,patent is to encourage invention2 if1 therefore1 you would get the same inventions as we now get without ,letters ,patent1 ,i would have no ,letters ,patent at all4 ,i believe that1 with respect to the minor class of inventions1 you would get them40 ,mr4 ,platt also has his doubts3-- 8,is not almost every ,patent which is now granted a ,patent for an improvement8--,a great many ,patents are granted for things which are no improvement at all4 8,i would simply limit the ,patent-,law to that extent4 ,i think there are so many ,patents granted that it is a great question with me1 ,i confess1 if ,patents for these combinations are to be granted1 whether it would not be better to abolish the ,patent-,laws altogether1 as it becomes such a nuisance in conducting a large business40 ,how emphatic was ,mr4 ,i4 ,kingdom ,brunel3-- 8,do you think that there would be an equal inducement for a man to turn his attention to improvements if there were no ,patent-,laws1 as compared with the present state of things1 which lead him to the expectation and hope that he will obtain some exclusive advantage from the discovery of some new improvement8 8,i feel certain of it2 ,i have felt it very strongly1 and it always struck me as surprising that it was not seen by everybody else2 but we have so long been in the habit of considering that the granting of an exclusive privilege to a man who invents a thing is just and fair1 that ,i do not think the public have ever considered whether it was1 after all1 advantageous to him4 ,my feeling is1 that it is very injurious to him4 8,my impression is1 that in every class of inventions you would practically in the end have a more rapid supply and increase of inventions than you have now2 ,i believe that men of science1 and all those who do it for pleasure as well as for profit1 would produce more1 they would be less interfered with by existing ,patents1 and they would really produce more2 ,i believe that the working class1 the smaller class of inventors1 would introduce very much more4 ,with respect to that class of inventions1 which ,i believe to be very few in number1 though they are talked of very much1 which really involve long-continued expenses1 ,i believe they would probably be brought about in a different manner4 ,i wish1 however1 to have it understood that ,i limit my observations to the present state of things4 ,i do not wish to express any opinion as to what might have been formerly the effects of ,patents1 or whether they did originally encourage inventions or not4 ,i believe that in the first place they are very prejudicial1 on the whole1 to a large class supposed to exist of inventors1 and principally from these circumstances3 the present state of things is this1 that in all branches1 whether in manufactures or arts of any sort1 we are in such an advanced state1 and every process in every production consists of such a combination of the results of the improvements which have been effected within the last twenty or thirty years1 that a good invention now is rarely a new idea40 ,so likewise ,mr4 ,james ,spence3-- 8,the evils of the present system are serious4 ,there is a charm in the name of a ,patent which entices large numbers of men to neglect their own affairs in pursuit of some phantom4 ,where intellectual power exists of an inventive character1 it will develop itself without any spur2 it is1 indeed1 irrepressible in its nature4 ,to such minds the stimulus of a ,patent is superfluous4 8,besides the progress of the arts1 another change has occurred which affects this question4 ,formerly improvements made slow progress1 and unless an inventor were protected for many years he had little chance of recompense4 ,now the power of advertising is so great and intelligence is so diffused1 that any really useful invention can be brought immediately into operation and profit4 ,were ,patents abolished1 any one with an invention of value could find a manufacturer to take it up4 ,it is true it would be open to the rest of the world as soon as found out1 but the manufacturer would obtain the first start of all others1 in itself a profit4 ,under the present system the legal protection breaks down in practice4 ,the moment a specification is published1 competing manufacturers strain their wits to contrive how to reach the same result through other means or modifications2 in other words1 how to infringe4 ,against this the patentee has no remedy1 except proceedings at law of the most costly nature4 8,no change can be proposed in ,patent-,law that will not be open to objections based on individual cases of hardship2 but1 on a comprehensive view of the subject in all its bearings1 ,i hold that it would benefit the country to abolish the system in toto4 ,manufacturers would be relieved from present perplexity1 delusions would no longer be kept up by excitement1 an enormous waste of money would be stayed2 and whilst the mass of worthless ,patents would disappear1 any of real value would be taken up on its merits and produce sufficient remuneration to the inventor40 ,the ,report of the ,commission1 founded on the evidence of which ,i have shown the general character1 contains the following just observations3-- 8,the majority of witnesses1 however1 decidedly affirm the existence of practical inconvenience from the multiplicity of ,patents4 ,it is clear that ,patents are granted for matters which can hardly be considered as coming within the definition1 in the ,statute of ,monopolies1 of #8a new manufacture4' ,it is in evidence that the existence of these monopolies embarrasses the trade of a considerable class of persons1 artisans1 small tradesmen1 and others1 who cannot afford to face the expense of litigation1 however weak the case against them may seem to be2 and a still stronger case is made out as to the existence of what may be called obstructive ,patents1 and as to the inconvenience caused thereby to manufacturers directly1 and through them to the public4 8,other instances will be found in the evidence of particular manufactures and branches of invention which are so blocked up by ,patents1 that not only are inventors deterred from taking them up with a view to improvement1 but the manufacturer1 in carrying on his regular course of trade1 is hampered by owners of worthless ,patents1 whom it is generally more convenient to buy off than to resist4 ,the evil also results in another practice1 having the same obstructive tendency--namely1 that of combination amongst a number of persons of the same trade to buy up all the ,patents relating to it1 and to pay the expense of attacking subsequent improvers out of a common fund4 ,from a comparison of evidence1 it cannot be doubted that this practice prevails to a considerable extent4 ,we must also conclude that when the obstruction is not to be got rid of without the expense and annoyance of litigation1 in a large majority of cases the manufacturer submits to an exaction1 rather than incur the alternative4 8,we desire to call special attention to the evidence given by the ,first ,lord of the ,admiralty1 and by various witnesses on behalf of the ,war ,department1 showing the embarrassment which has been caused to the naval and military services by the multitude of ,patents taken out for inventions in use in those departments4 8,it has long been the practice1 founded on judicial decision1 to consider that the use or publication of an invention abroad did not deprive that invention of the character of #8a new manufacture within this realm4' ,it appears to us1 and is generally admitted in the evidence1 that the present facilities of communication subsisting between all parts of the world have done away with the only valid reason for such a construction of the words of the ,statute of ,monopolies4 ,the object of allowing such ,patents might fairly be1 in an age of slow international communication1 to encourage enterprising persons to go in search of1 and to introduce to this country1 useful processes employed abroad1 but not otherwise likely to be adopted here1 for the want of which we should long have been behind other nations4 ,it does not1 however1 seem worth while to continue the same facilities now1 when foreign inventions are most frequently patented in this country and in their native land simultaneously2 especially1 as we are well informed1 that one result of the practice is to encourage unscrupulous persons to steal the inventions of foreigners and to run a race with the legitimate owner to get them patented here40 ,the extracts which ,i have culled sufficiently prove that1 in the opinion of men selected because they were competent to speak with authority on account of their character1 ability1 and experience1 our ,patent system is 8generally inconvenient0 and is 8hurtful to trade40 ,being so1 it is inconsistent with the conditions on faith of which1 while other monopolies were prohibited by the ,act1 it was spared4 ,but ,i rest my case on absolute evils1 without regard to that inconsistency4 ,i am sure nobody can go over the evidence as a whole1 or even those scraps of evidence which ,i have presented--,i am well aware in a very promiscuous and ineffective manner--without becoming convinced that the trade and manufactures of this country are seriously obstructed1 fettered1 retarded1 harassed1 and burdened1 sometimes demoralised1 often wronged1 or even robbed1 by the multitude and vexatious character of ,patents1 and by the claims and conduct of patentees2--that these ,patents1 though very numerous1 in general possess little merit1 yet often produce large revenues1 the result of exactions from persons who use them1 to the assignees1 rather than to the original grantees1--that the uncertainty of receiving a good return 7in place of which experience shows there is1 in most cases1 disappointment or even positive loss71 and the utter incongruity existing between the earnings1 where there are any1 and the merits of inventions1 render the system of ,patents an exceedingly unsatisfactory way of stimulating invention or rewarding inventors2--and that there is wide-spread dissatisfaction with things as they are1 yet despair of amendment1 among the most intelligent of those portions of the community for whose benefit the system is plausibly represented to exist4 ,the evidence goes to show that the poor man and the working man suffer in two ways4 ,such cannot bring their inventions into play for want of capital1 and they could not1 even if it were in that respect different1 make head against rich infringers who are able by the costliness of law proceedings to set them at defiance4 ,i might allege1 also1 that while the expenses of patenting are clearly too heavy to suit the circumstances of the poor1 there is little or no favour shown by any influential witnesses to propositions for reducing them1 because of the tendency that a suitable reduction would have to still further multiply ,patents4 ,surely this indicates sufficiently that there is something radically wrong in the principle on which we proceed4 ,allow me1 while adverting to the case of the poor1 to express my belief that the ,patent system has an effect on wages which demands the serious consideration of the friends of working men4 ,i believe it helps to keep wages low4 ,the abolition would work in this manner3 whenever1 in any establishment1 an improvement is introduced1 the fact of its use becomes1 of course1 speedily known throughout the establishment and in other establishments4 ,the employs who in their ordinary occupations must come to know what the improvement is and how to work according to it--for this is a matter of necessity1 especially now that operations are conducted on a large scale1 with the indispensable aid of men intelligent and independent--very soon find they are in request4 ,to prevent their leaving1 they are offered an advance1 which itself in its turn may be outbid4 ,the rise which indisputably would result in the case of individuals will1 in my opinion1 tend towards a general rise4 ,if ,i am correct in my anticipations1 operatives and artisans are much injured by ,patent-,laws4 ,but independently of this hypothetical advantage1 a good system of dealing with inventors will be beneficial directly to operatives1 by removing from trade the present hindrances4 ,having seen how little store there is set on ,patents by eminent engineers1 by manufacturers1 and by the public services1 let me appeal to eminent statesmen4 ,among these ,i name foremost the apostle of free-trade4 ,mr4 ,cobden told me1 many years ago1 that he was opposed to ,patents2 and at a later period1 ,oct41 #ahfb1 he wrote3-- 8,i have a growing doubt of the value and justice of the system1 whether as regards the interests of the public or the inventors40 ,lord ,granville1 then ,vice-,president of the ,board of ,trade1 the ,chairman of the ,committee on the ,patent ,bills1 told the ,house of ,lords1 on ,july #a1 #ahea-- 8,the last witness was the ,master of the ,rolls1 who1 notwithstanding the experience he had had as one of the law officers of the ,crown in administering the ,patent-,laws1 and although he took charge of the first ,bill which the ,government proposed on the subject1 was decidedly of opinion that ,patent-,laws were bad in principle1 and were of no advantage either to the public or inventors4444 ,all the evidence that had been brought before the ,committee1 both of the gentlemen who were opposed to the system of ,patents and those who were most strongly in favour of it1 had only tended to confirm his previous opinion that the whole system is unadvisable for the public1 disadvantageous to inventors1 and wrong in principle4 ,the result of the experience acquired by the present ,vice-,chancellor and ,lord ,chief ,justice of the ,queen's ,bench had raised great doubts in their minds as to whether a law of ,patents was advantageous4 ,the ,chief ,justice of the ,common ,pleas likewise had written him a letter1 which he authorised him to make what public use of he pleased1 declaring his concurrence in his opinion that a law of ,patents was neither advantageous to the public nor useful to inventors4444 ,the only persons1 he believed1 who derived any advantage from the ,patent-,laws were members of the legal profession4 ,except perhaps warranty of horses1 there was no subject which offered so many opportunities for sharp practice as the law of ,patents4 ,as regards scientific men1 too1 the practice of summoning them as witnesses on trials respecting ,patents had an injurious1 if not a demoralising1 effect4444 ,they sometimes allowed themselves to be betrayed into giving a more favourable opinion of the merits of an invention than was strictly accurate40 ,lord ,harrowby judiciously said1 in reference to the proposition then for the first time made to exempt the ,colonies from the incidence of ,british ,patents-- 8,the colonial refiner would be enabled to avail himself of every new invention in the manufacture of sugar1 to the prejudice of the home refiner1 who would have to pay for the ,patent-right40 ,lord ,campbell-- 8,having been some years a law officer of the ,crown1 had some experience as regarded the question at issue1 and he begged to say that he entirely approved of the view of his noble friend1 ,earl ,granville40 ,sir ,james ,graham1 on ,aug4 #e of the same year1 observed-- 8,there was also evidently great division of opinion among ,her ,majesty's ,ministers upon this subject4 ,the ,vice-,president of the ,board of ,trade1 in the ,house of ,lords1 when introducing this ,bill1 expressed a decided opinion adverse to the principle of ,patents altogether4 ,the noble ,secretary for the ,colonies 7,earl ,grey7 agreed with the ,vice-,president of the ,board of ,trade1 and now it was found that the advisers of the ,crown had put an end altogether to ,patents in the colonies4 ,was it right1 then1 to continue a system in ,england which had been condemned in principle by the advisers of the ,crown8 ,and were they to legislate upon a question which the divisions in ,her ,majesty's ,council rendered still more doubtful80 ,mr4 ,cardwell1 sensibly and patriotically1 8,would remind the ,house of the case of the sugar-refiners of ,liverpool1 who complained of this part of the ,bill40 ,i need not quote ,mr4 ,ricardo1 whose lamented death prevented him from urging the present subject as he intended4 ,allow only the following observations of ,mr4 ,roche1 who on the same occasion-- 8,entirely agreed that the ,patent-,laws should be abolished altogether4 ,they might depend on it that nine-tenths of the ,patent inventions1 under any law that could be passed1 would be nothing less than so many stumbling-blocks in the way of improvement40 ,here is an extract from the proceedings of the ,british ,association at ,glasgow3-- 8,mr4 ,archibald ,smith was convinced that a majority of scientific men and the public were in favour of a repeal of the ,patent-,law1 and he believed its days were numbered4 ,he held it was the interest of the public1 and not the patentees1 that should be consulted in the matter4 ,this was a growing opinion amongst lawyers and young men of his acquaintance40 ,i revert to the injurious influence of ,patents in incapacitating manufacturers to compete with their foreign rivals1 and am able to submit ,continental testimony that such is the inevitable effect4 ,the following lengthy quotation will suffice from ,m4 ,legrand1 ,auditor of the ,council of ,state of ,france3-- 8,there is in this institution not only an obstacle to the development of home trade1 but also a shackle on foreign commerce4 8,the doors which we open by our ,treaties of ,commerce may by means of ,patents be closed4 8,let an invention be freely worked in ,belgium2 if in ,france it be patented1 ,belgian produce cannot enter there4 ,let the contrary be the case2 we cannot export to ,belgium the production which is free with us1 but patented at ,brussels4 8,let us suppose1 for example1 that a new colour is patented alone in ,france1 and that the patentee only permits the manufacture of the colour on payment of a high royalty3 this colour will become dear1 to the profit of the patentee alone1 and the detriment of all2 its exportation1 or the exportation of articles dyed with this colour1 into a country where the manufacture is free1 will become impossible1 because in that country they will begin to fabricate it1 and its price will be diminished to the extent of the royalty exacted for it by the patentee4 8,the ,french producer will necessarily be placed in such a situation that he will be unable to sustain any foreign competition4 8,it is of consequence1 so far as it depends on legislators1 to place those countries on the same footing who unite in the peaceful1 beneficent struggle of competition4 8,but with the sound notions which prevail amongst persons of intelligence1 it is evident that the uniform solution to which every one would adhere cannot be one which would recognise ,patents4 8,the making all discoveries free is the system which alone would have the chance of being adopted by all nations4 8,it would certainly put an end to more injustice than it would originate40 ,i had the pleasure of being present at a numerously-attended meeting of the ,economists of ,germany held at ,dresden in #ahfc1 which almost unanimously adopted a resolution against all ,patents2 quite in harmony1 ,i may say1 with formal resolutions of commercial and industrial associations in that country and ,france4 ,the ,house must long ago have been prepared for the following conclusions1 which close the ,royal ,commission's ,report on the ,law relating to ,letters ,patent for ,inventions3-- 8,that in all ,patents hereafter to be granted a proviso shall be inserted to the effect that the ,crown shall have the power to use any invention therein patented without previous licence or consent of the patentee1 subject to payment of a sum to be fixed by the ,treasury4 8,while1 in the judgment of the ,commissioners1 the changes above suggested will do something to mitigate the inconveniences now generally complained of by the public as incident to the working of the ,patent-,law1 it is their opinion that these inconveniences cannot be wholly removed4 ,they are1 in their belief1 inherent in the nature of a ,patent-,law1 and must be considered as the price which the public consents to pay for the existence of such a law40 ,this is signed by ,lord ,stanley1 ,lord ,overstone1 ,sir ,w4 ,erle1 ,lord ,hatherley1 ,lord ,cairns1 ,h4 ,waddington1 ,w4 ,r4 ,grove1 ,w4 ,e4 ,forster1 ,wm4 ,fairbairn4 ,the public understood this to mean that the ,commission were by no means satisfied that there should be any longer any ,patent-,law at all4 ,the ,journal of ,jurisprudence gives it this interpretation4 ,but ,i can adduce a higher and more authoritative exposition with regard to the views of at least the noble ,lord the ,chairman of the ,commission4 ,when the question was put as to legislation in conformity with the ,report1 ,lord ,stanley told this ,house on ,june #aj1 #ahfe3-- 8,the ,house ought first to have an opportunity fairly and deliberately of deciding upon that larger question which had not been submitted to the ,patent-,law ,commission--viz41 whether it was expedient that ,patents for invention should continue to be a part of the law40 ,we all know there is in general society1 and even among politicians and men in business1 an acquiescence almost amounting to approval of ,patents in the abstract4 ,its existence ,i attribute to unacquaintance with actualities4 ,i acknowledge that when the more able advocates of the system state their reasons1 these look conclusive enough1 and would be so if there were but one side of the case4 ,what we1 their opponents1 claim is that our objections be met4 ,this1 ,i apprehend1 cannot be done without1 at least1 leaving so much inevitable evil confessed as must turn the scale4 ,some of these arguments that we hear are futile and far-fetched enough to deserve to be repeated4 ,admitting obstructiveness1 a ,chancery-lane writer pleads thus3-- 8,this very prohibition causes others to exert themselves to invent different means by which the same or a better result may be obtained than by the invention which they are prevented from using1 except by payment1 and the result is competition1 in the highest degree beneficial to trade1 and an unceasing advancement and striving40 ,really no better is the reasoning of an official witness1 who told the ,commission3-- 8,three-fourths of the ,patents1 ,inventions of ,englishmen4--,three-fourths of the applications for ,patents1 or thereabouts1 are for the inventions of ,englishmen2 the remaining one-fourth are for the inventions of foreigners1 for the most part ,frenchmen and ,americans4 ,the country in which inventions are of the highest value will draw inventions to it from all others1 and so long as any one country protects inventions by ,patent1 so long must all countries protect4 ,were ,england to abolish protection of inventions1 inventors would carry their inventions to other countries4 ,switzerland does not protect1 and consequently the ,swiss take their inventions to other countries40 ,why8 ,what harm though the ,british inventor should go abroad to patent or even to work his invention8 ,he must specify it in the country he goes to2 and cannot1 will not1 our artisans at once avail themselves1 and revel in the free use1 of what he there records8 ,call our nation's not rewarding him a piece of doubtful policy1 or want of generosity2 but banish the notion that our trade will suffer4 ,it will gain4 ,but there are defenders of very different calibre3 ,mr4 ,mac,culloch1#c ,sir ,david ,brewster1 ,mr4 ,john ,stuart ,mill4 ,it is meet ,i should inform the ,house what are their arguments4 ,i find them succinctly stated and well put in ,mr4 ,mill's 8,political ,economy40 ,i will read the whole of that gentleman's observations1 interlacing1 for brevity's sake1 very short and unargumentative dissents1 if not replies3-- 8,the condemnation of monopolies ought not to extend to ,patents1 by which the originator--0 ,does ,mr4 ,mill know that many an invention is patented by some person who is not the originator1 but only the first promulgator in ,britain2 still more often1 who is not the only originator8 8of an improved process--0 ,i have already shown that the law1 rightly read1 can hardly be said to sanction the patenting of a 8process40 8is allowed to enjoy1 for a limited period1 the exclusive privilege of using his own improvement40 ,which means1 the privilege of debarring all other people--some of whom may1 after him1 or at the same time as he1 or even before him1 have invented it--from doing what he is1 and they also should be1 allowed to do4 8,this is not making the commodity dear for his benefit1 but merely postponing--0 ,for his benefit1 and still more frequently and surely for the benefit of a multitude of other individuals1 who have less claim1 or no claim at all4 8a part of the increased cheapness1 which the public owe to the inventor--0 ,but not to him only1 for he invents often along with others1 and always in consequence of knowledge which he derives from the common store1 and which he ought1 as its participant1 to let others share1 if doing so does himself no harm4 8in order to compensate and reward him for the service40 ,the real service1 if it be 8service10 is the communicating his knowledge4 8,that he ought to be both compensated and rewarded for it1 will not be denied20 ,but it does not follow1 surely1 even in ,mr4 ,mill's logic1 that he should be invested with monopoly powers1 which 8raise prices0 and 8hurt trade10 and cause 8general inconvenience40 8and also1 that if all were at once allowed to avail themselves of his ingenuity1 without having shared the labours or the expenses which he had to incur in bringing his idea into a practical shape--0 ,but which1 very likely1 were trifling1 and if heavy1 were incurred for his own sake1 and may have produced benefits to himself that sufficiently compensated all4 8either such expenses and labours would be undergone by nobody--0 ,which is a wild assumption4 8except very opulent and very public-spirited persons40 ,the former are numerous2 the latter ought to be2 and the service is one the nation may well expect of them4 ,why should not there be innumerable ,lord ,rosses1 ,sir ,francis ,crossleys1 ,sir ,david ,baxters1 and ,sir ,william ,browns1 promoting beneficent commerce by their generosity2 and why should not manufacturers systematically combine as an association to procure through science and experiment every possible improvement8 8,or the ,state must put a value on the service rendered by an inventor1 and make him a pecuniary reward40 ,and why should we not prefer this alternative8 8,this has been done in some instances1 and may be done without inconvenience in cases of very conspicuous public benefit40 ,well3 that is a great deal2 but why not in cases that are not conspicuous8 8,but in general an exclusive privilege of temporary duration is preferable--0 ,now1 mark the only reasons adduced3-- 8because it leaves nothing to any one's discretion--0 ,that is1 ,i suppose1 ,mr4 ,mill1 to avoid trusting anybody--the danger from doing which is imaginary1 or at least avoidable--would let the nation remain subject to proved frightful inconvenience and loss4 8and the greater the usefulness1 the greater the reward--0 ,which1 ,mr4 ,mill rightly thinks1 is what ought to be1 but it is not and cannot be what happens under ,patents2 for1 on the contrary1 rewards depend mainly on the extent of use and the facility of levying royalties4 8and because it is paid by the very persons to whom the service is rendered1 the consumers of the commodity40 ,here ,mr4 ,mill appears to regard1 and it is right he should1 manufacturers as mere intermediates4 ,well3 can they shift the burden which they1 in the first instance exclusively bear1 from their own shoulders to those of the consumer8 ,perhaps they could have done so before the inauguration of ,free ,trade2 but since that time1 the thing is impossible1 and so will it ever be until the day arrive when either ,patents shall apply to all countries1 and in all countries exactly the same royalties shall be charged for their use1 or else they are abolished4 8,so decisive1 indeed1 are these considerations1 that if the system of ,patents were abandoned for that of rewards by the ,state1 the best shape which these could assume would be that of a small temporary tax imposed for the inventor's benefit--0 ,would he in general get it8 ,and1 let me ask1 how collected--how distributed8 8on all persons making use of the invention40 ,a thing impossible1 however1 even for conspicuous inventions2 and to which there is the further fatal objection that there must be none but such recognised1 which might be unfairness1 as it certainly would be partiality4 ,if1 as indicated1 a tax on all users and consumers1 will not grants from the ,exchequer be in the main fair enough as to incidence8 8,to this1 however1 or to any other system which would vest in the ,state--0 ,why the ,state8 ,why not let inventors decide8 8the power of deciding whether an inventor should derive any pecuniary advantage for the public benefit which he confers1 the objections are evidently 6 stronger and more fundamental than the strongest which can possibly be urged against ,patents4 ,it is generally admitted that the present ,patent-,laws need much improvement40 ,it is not admitted that they can be made satisfactory1 do what we will2 and ,i contend that no extent of mere improvement can overcome the objectionableness of the restraints and burdens inseparable from the system4 8,but in this case1 as well as in the closely analogous one of ,copyright1 it would be a gross immorality in the law to set everybody free0-- ,why1 everybody is naturally free1 and would continue free if the law did not step in and cruelly take their freedom away1 doing which is the real immorality4 8to use a person's work0-- ,a fallacy--to use1 it may be1 his thoughts1 which1 as soon as they are communicated1 are no longer his only--and not at all to use his 8work0 in any proper sense4 8without his consent1 and without giving him an equivalent40 ,as if consent were needed to use one's knowledge1 and as if there could or should be any equivalent4 8,i have seen with real alarm several recent attempts1 in quarters carrying some authority1 to impugn the principle of ,patents altogether2 attempts which1 if practically successful1 would enthrone free stealing under the prostituted name of free trade1 and make the men of brains1 still more than at present1 the needy retainers and dependents of the men of money-bags40 ,as to 8free stealing10 hear what the greatest political economist of ,france thinks-- 8,c'est dans une mesure la mme question que le free trade40 ,as to the 8money-bags10 ,mr4 ,mill plainly is not aware that the dependence he deprecates is the invariable1 almost the inevitable1 consequence of a ,patent system4 ,i am extremely sorry to differ on a question of political economy from ,mr4 ,mill4 ,but with all due respect ,i submit that he has not1 when writing the passage which has now been given in extenso1 realised what a ,patent is in practice4 ,it is the price at which the ,state buys a specification4 ,the purchase is a compulsory one1 with this peculiarity1 that whereas the inventor may or may not offer to sell--for he is left at perfect liberty1 as in a free country he ought to be1 whether to patent and reveal 7sell7 or not--yet if he do offer1 it is the ,state1 the maker of the law1 which1 through the ,sovereign1 voluntarily puts itself under compulsion to accept the offer1 and--with a defiant violation which the frequency of the deed in my view makes flagrant of sound principle--pays not out of public revenues or any funds over which it has legitimate control1 but out of the means of private individuals1 reached and extracted either in the form of exceptional profits on goods the monopolist makes1 or by his levying of a tax called royalties on any of his fellow-subjects whom he may of grace1 if they comply with his demands1 associate with himself as sharers of the monopoly4 ,such opponents' impulses are excellent1 but their plan is incompatible with actual pre-existent interests4 ,they omit to take into full account the conditions of the everyday world which the statesman has to do with1 and might not unprofitably call to mind a story or parable of juvenile days wherein certain wise men were represented as1 after due counsel1 placing a favourite bird within high and close hedges in order to gratify their tastes and enjoy melodious notes all the year round4 ,the conditions of winged existence had not been taken into account2 theory and sentiment could not be reduced to practice4 ,favouritism1 constraint1 and isolation1 being contrary to nature1 failed4 ,the nightingale loved1 needed1 sought1 and found freedom4 ,to recall another book of youthful days4 ,think of ,robinson ,crusoe1 and the many new inventions his peculiar position required and elicited4 ,let me suppose the neighbouring islanders saw for the first time in his hands a cocoa-nut turned into a cup1 in his hut potatoes roasting in the fire1 in his garden guano used as manure4 ,what would they have thought of ,christianity and civilization1 if he1 anticipating the pretensions of modern inventors1 had alleged1 on the ground of first use1 exclusive property in these manufactures1 processes1 and applications1 and had debarred the imitation for fourteen years8 ,the unsophisticated savages would have said1 8,we understand and allow your claims to possess what you yourself make1 but we do not understand1 and we dare not allow1 your claim to possess what we make ourselves4 ,you are welcome to learn what we shall learn1 and to do whatever you see us do4 ,we cannot sell for money the odours that rise from the fruits that sustain our life2 should we forbid to pick up and plant their seeds that we throw away8 ,should we grudge the runnings over from the brimming cup of knowledge which heaven puts into the hand1 and the froth at the top which the wind blows away80 ,heathens are pleased to even work at what is good for all according to opportunity4 ,the fact is1 the right of inventors is too shadowy to have any recognisable existence where there is not a submissive society to vend to or trample on1 and a complaisant state to compel their submission4 ,if he were a member this night present with us1 ,i would appeal to ,mr4 ,mill as a philosopher4 ,seeing that the world is so framed that whereas acquisitions of material property or things cannot be possessed in common without the share or enjoyment of each person being lessened or lost1 it is universally possible that any number of persons1 however many1 can possess and use1 without any diminution of individual enjoyment1 knowledge or ideas in common1 do not wisdom and humanity justly interpret this as an indication that to interfere is to oppose the order of nature8 ,let me appeal to him as a moralist4 ,seeing that to so interfere with the communication and enjoyment of knowledge or ideas by limiting the power and right to apply inventions to use is to withhold that whereby one man1 without loss to himself1 may benefit his fellows1 do not ethics favour the philanthropic course which accords with the course that ,nature indicates8 ,i appeal to ,mr4 ,mill as a political economist4 ,seeing that the order of nature and the promptings of philanthropy are favourable to the communication of inventions and their free use1 is it the part of a ,state to provide for the gratification of the selfish principle in man by legislation framed to endorse1 and facilitate1 and almost to necessitate it8 ,i appeal to ,mr4 ,mill as a statesman1 and ask1 ,is it consistent with enlightened policy to place manufacturers in such a position1 that they are constantly tempted to conceal improvements they are using1 from fear to discover that they are infringing8 ,does he know so little of mankind1 that he expects them1 the poorest as well as the richest1 to employ 7and this would be requisite7 suitable agents to search whether any improvement they mean to adopt is already the subject of a ,patent that renders its adoption illegal1 and also to institute inquiries as to who1 and where1 in the wide world1 is the holder of the ,patent or ,patents1 whom in that case he must first negotiate with and sue for a licence8 ,does ,mr4 ,mill think a manufacturer's time is so free from absorbing occupations that he can attend to the daily transactions of the ,patent-office1 so as to inquire whether such and such a mysterious application is an unintended1 it may be1 but in result an effectual1 ousting him from use of a process that he is about to introduce or has already in operation8 ,yet these are the superhuman efforts and gifts which compliance with1 and subjection to1 any ,patent system presupposes and requires4 ,is it nothing in the eyes of this legislator1 whose absence from this ,house is so generally regretted1 that by means of the ,patent-,laws there are thrown loose on men in trade thousands of individuals whose interests run counter to those of society1 men trusted with letters of marque to prey1 not on foreign commerce1 but on ,british8 ,is it a small matter1 that1 having surrendered the principle of discriminating duties leviable by the ,state for national purposes1 we continue to expose those from whom this protection is withdrawn to an ever-increasing burden of taxes1 in favour of individuals1 levied without ,state control or any regard to equality8 ,does ,mr4 ,mill conceive it is short of recklessness to continue to stimulate invention by rewards which often turn out ruinous to those whom they are meant to favour1 and which bear not the smallest proportion to the cleverness1 the beneficial results1 the cost of elaborating1 the merits or the wants of the inventor1 and scarcely to the originality and legitimacy of the claim of whoever is the applicant8 ,is he aware that the advantage reaped by inventors1 sometimes very large1 is obtained at so frightful a cost that1 as some persons believe1 for every pound which actually reaches him the country loses to the extent of one hundred pounds8 ,surely we are asked to obtain our stimulus by a folly 7only his was voluntary1 and not habitual7 like that of the fabulous sailor who1 for the sake of a tumbler of rum1 swallowed the bucketful of salt water amid which the dangerous stimulant had by accident fallen4 ,i honour the candour of ,mr4 ,mill1 and ,i hope yet to have his concurrence in my views4 ,he cannot have reflected on and realised actual facts4 ,one illustration more1 and this of another difficulty which ,i commend to his attention and that of any honourable gentlemen who have been carried away along with him1 ,i give by narrating an incident in my late canvass4 ,a deputation of the trades of ,scotland did the candidates the honour of submitting to us a very judicious list of questions4 ,one of these concerned the ,patent-,law4 ,they asked1 would ,i support a motion for reducing the cost of ,patents8 ,i answered ,i would1 because ,i think the cost too high for the working man2 but ,i added that ,i would rather see ,patents swept away4 ,one of the deputation properly animadverted on the hardship this might inflict1 and he instanced the case of his brother1 who had invented an improved apparatus for use on board ship4 ,i rejoined that ,i accepted the case as sufficient to confirm the conviction that ,patents are on the whole not good1 but bad1 for working men or any men4 ,my reasoning was substantially this3 ,in order to reap his reward1 the inventor is required or expected to visit every ship or shipowner at the port1 and endeavour to get the apparatus understood1 believed in1 and adopted2 and not at ,leith only--at every ,scotch port1 every ,english port1 and every ,irish port4 ,but not to let ,british shipowners suffer by the inequality of paying1 while rivals use without paying1 and at the same time to promote his own interests1 the inventor must take out ,patents in ,france1 ,belgium1 ,holland1 and all maritime countries and their colonies4 ,after he obtains these many ,patents he has to sell his apparatus at all the ports of those countries4 ,the first thing obvious is1 that to do a tithe of that work the inventor must relinquish his own business1 which is the solid beef in the mouth of the dog in the fable1 for the delusive shadow in the water4 ,but never mind that in the meantime3 after the business is relinquished1 there remains the insuperable difficulty of conducting a business so much beyond the power of man as that ,i have sketched4 ,he might of course attempt to overcome that by appointing agents to manufacture abroad or act abroad for him2 but where is the capital to hazard on so great an enterprise8 ,if he were as rich as a ,rothschild1 has he the gift of tongues to enable him to correspond in all languages8 ,and if he had1 how can all this work1 requiring simultaneity1 be done at once8 ,the end1 of course1 must be1 at the very best--the ,patents1 if1 indeed1 actually taken1 are sold for a trifle1 and the persons who secure them1 which they only do if valuable1 in their turn sell1 for a trifle too2 so that the lucky inventor gets but little out of the tens of thousands or hundreds of thousands of pounds which the public are made to bear the burden of4 ,ex uno disce omnes4 ,i am unwilling to leave this part of my theme without adverting to a point which deserves some attention--,i mean the tendency the ,patent system has to lower the tone of men of science4 ,in a quotation from ,lord ,granville it is seen to be more than insinuated that the sacred claims of truth are in danger of being compromised by the evidence men of science are asked and tempted to give in courts of law4 ,but the evil of ,patents begins in the laboratory and the closet2 for there is felt the impulse to conceal anything new and likely to be useful1 in order to patent2 so that a conflict is generated between1 on the one hand1 the theory of the academic chair which supposes in the very name 8university0 universalism1 community of knowledge1 and on the other1 law-created personal interests1 whose nature it is to stifle the man of science's inherent desire to spread knowledge and exchange thoughts in order to benefit mankind4 ,but ,mr4 ,mill presents an alternative4 ,i1 for one1 have no objection to see it considered4 ,i have long advocated ,state rewards2 they cannot be condemned on principle2 they are sanctioned by another philosopher4 ,when ,i say that ,i had the honour long ago to receive the following from ,m4 ,chevalier1 ,i am sure of this ,house's attention4 ,extract of a ,letter from ,m4 ,michel ,chevalier to ,mr4 ,macfie4 8,the ,patent system1 as constituted in all countries where it is established1 is a monopoly that outrages liberty and industry4 ,it has consequences that are disastrous1 seeing there are cases where it may stop trade for exportation and even for home consumption1 because it places manufacturers who work in a country where ,patents are established at a great disadvantage in competing with others who live in ,states1 such as ,switzerland1 where ,patents are interdicted by law4 ,practice1 experience1 which is the supreme authority in the world1 shows daily1 in ,france particularly1 that the system is a scourge to industry4 ,what might be substituted is a system of recompenses1 either national or ,european1 as you have proposed1 to be awarded when practical use has pronounced on the merit of each invention1 and when the originality shall admit of being established4 ,all the friends of industrial and social progress ought to unite their efforts to liberate industry from the shackles that have been bequeathed from the past4 ,that of ,patents is one of those which there will be most urgency to get rid of40 ,the ,continental ,association for ,promoting the ,progress of ,social ,sciences favours such rewards4 ,allow me to quote from a ,report of ,m4 ,tilliere1 ,avoct of ,brussels1 which was adopted by that body3-- 8,it is proper to introduce1 in respect to industrial inventions1 the principle of expropriation or acquisition for behoof of the public1 with a view to general benefit1 in order to reconcile the interests of industry and the requirements of free trade 7libre change7 with the interests of the inventor4 8,it is desirable1 for the satisfaction of the same interests1 to establish between the different countries by means of stipulations with reference to ,patents in ,international ,treaties1 uniformity of system1 and1 pursuant thereto1 to provide a dept where1 without the necessity to patent in every particular country1 specifications might be lodged that shall be recognised and published in all40 ,the ,house will observe that in connexion with the principle of ,state rewards1 or1 what is nearly allied to it1 of expropriation1 the ,association commended another principle1 that of international arrangements as to inventions4 ,on the occasion when the report ,i quote from was adopted1 another eminent ,french economist1 ,professor ,wolowski1 spoke as follows3-- 8,the free competition which ought to exist between peoples requires that ,patents should be everywhere ruled by uniform laws4 ,intellectual property must everywhere have limits within which there shall be exchange1 in order that its products may everywhere circulate under the same conditions4 ,international legislation with regard to ,patents is an object to be earnestly pursued4 ,it responds to the demands of free-trade1 satisfies the needs of liberty of manufacture1 and provides a compensation for a shortened term of ,patent-right by extension of area40 ,but ,i come nearer home1 and am happy to be able to quote concurrence in the idea of national rewards on the part of one of our great staple manufacturers1 the sugar refiners4 ,the refiners of ,scotland many years ago petitioned ,parliament in the following terms3-- 8,that1 in the opinion of the petitioners1 it is highly desirable that your honourable ,house should devise some means whereby discoverers of valuable inventions 7to whom alone ,patents should be granted7 might be rewarded by the ,state1 and trade be relieved from the restrictive operation and expense of ,patents altogether40 ,tending in favour of rewards rather than ,patents is the following evidence1 given before the ,royal ,commission by ,sir ,william ,armstrong3-- 8,how would you give these rewards in the absence of a ,patent-,law8--,i am not prepared to say that4 ,if the country would expend in direct rewards a tithe of what is paid for ,patent licences and expenses1 there would be ample provision for the purpose4 ,as a matter of opinion1 ,i believe that if you let the whole thing alone1 the position which a man attains1 the introduction and the prestige1 and the natural advantages which result from a successful invention and from the reputation which he gains as a clever and able man1 will almost always bring with them a sufficient reward40 ,a successful inventor writes me3-- 8,i should be very glad to see a good round sum set apart by ,government for the purpose of being awarded to real inventors by competent and impartial authority4 ,then the poor inventor might have some chance40 ,it is not out of place to inform the ,house that so far back as the earliest years of the ,patent system a precedent can be adduced4 ,in #afbe1 ,sir ,f4 ,crane received a grant of #b1jjj a-year for introducing a tapestry manufacture4 ,there are several other precedents for similar grants of public money4 ,of course1 to reward is not to purchase4 ,we do not buy any man's invention or secret4 ,but if he thinks proper1 as a good subject1 to reveal that secret1 we mean he shall have a substantial mark of favour4 ,something like this was1 no doubt1 the original intention of ,patents2 only the favour took the form of monopoly for introducing and working a manufacture1 whereas we prefer to pay1 as soon as the value and benefits of the invention made can be guessed at1 such a sum of money as will be neither1 on the one hand1 from its magnitude made oppressive to the people1 nor1 on the other1 from insignificance or paltry conditions unworthy of a noble mind1 whatever the rank1 to accept4 ,what is given will be proportioned to merit or service1 and will be1 in the fullest sense1 a honorarium1 a complimentary gift1 a mark of national approbation and gratitude4 ,we all know1 though few of us think of it as a striking proof how ,patents have declined in public esteem1 that among us to be a patentee is by no means usually reckoned an honourable distinction4 ,it is the same in ,france4 8,the title of patentee is falling into greater disrepute every day from the abuse which is made of it40 ,this prejudice we must remove1 and we can do it4 ,i believe in the possibility and advisableness of presenting1 as a substitute for ,patents1 a system of rewards which will reconcile the honour and interests of men of science and those of practical men1 the interests of the master and those of his workmen1 the interests of the many and those of the few4 ,such a system1 while entirely emancipating commerce and industry1 must1 as its condition1 deal out its rewards more equitably than the ,patent system does1 and with more regard to the just claims of inventors4 ,it must distribute these without the tedious delays now suffered from4 ,its rewards must1 in contradistinction to present experience be sure1 easily attainable1 and suitable for poor as well as rich4 ,i respectfully submit the following scheme as one that at least may form a basis for some system that will obtain general acceptance4 ,new ,system of ,rewarding ,inventors and ,promoting the ,publication of ,inventions4 #a4 ,the ,patent-office to be turned into an office for recording inventions4 #b4 7,forms for specifications to be furnished gratuitously47 ,all specifications to contain a certificate that the inventions promise to be useful1 and are believed to be new1 from three persons familiar with the trade chiefly concerned2 one of whom1 if the inventor is an employ1 to be his employer4 #c4 ,these specifications to be registered4 #d4 ,any time after an invention has been tried and proved practically useful1 a fact to be duly certified1 the inventor to be allowed to claim that the invention shall be reported on4 #e4 ,a ,chief ,commissioner for ,inventions shall appoint one or more examiners for this purpose1 whose duty it shall be 7after1 if needful1 first visiting the scene of operations1 and conferring with practical manufacturers7 to recommend1 if they think it worthy1 classification for a reward1 prize1 or certificate of merit4 #f4 ,once a year the head of the ,invention-office1 with the help of an ,adjudicatory ,committee1 who shall form an ,invention ,commission1 shall classify the several inventions that have been in the previous twelve months certified as having been for the first time brought into beneficial use4 #g4 ,in his classification the first rank shall entitle to a reward of #aj1jjj4 #bnd #e1jjj4 #crd #a1jjj4 #dth #ejj4 #eth #ajj4 #fth #ej4 #gth1 ,gold ,medal1 or value in money4 #hth1 ,silver ,medal 0 #ith1 ,bronze ,medal 0 #ajth1 ,certificate of ,merit4 #h4 ,parliament shall annually place at the disposal of the ,invention ,commission #bjj1jjj1 from which shall be defrayed the expenses of the staff1 and fees to 8reporters10 as well as of the several publications showing the progress of ,invention that shall 7as now1 but on an improved system7 be issued2 the balance to be distributed in rewards and prizes1 with an understanding1 however1 that the amount must be reduced if the total awards of the ,commission shall exceed the money at its disposal4 #i4 ,in appointing ,commissioners ,government shall consult the various trading interests of the nation in order to select the most acceptable persons4 ,inventors collectively might have a veto or the initiative4 #aj4 ,the prizes may be divided between the originator of the idea of any invention and the successful introducer into practical use4 #aa4 ,where there are rival claimants1 the expense of deciding priority in respect of time and merit to be borne by themselves4 #ab4 ,the ,commission to be at liberty to correspond with foreign nations1 and act in concert with any that shall establish instead of ,patents a system of rewards4 #ac4 ,in cases in which pre-eminent merit1 especially if there has been a course of costly experiments antecedent1 appears to entitle to a reward greater than the largest in the schedule1 ,government may propose to ,parliament special augmentations4 ,i do not presume to recommend ,royal decorations and titles1 though such honours would be much valued4 ,a writer on ,patents has judiciously said-- 8,it would seem very desirable that a system of registration for all improvements or ideas which an inventor may think of minor importance should be instituted1 whereby any one could1 at a moderate cost to defray expenses1 deposit at the ,patent-office1 a description of any new idea1 improvement1 or invention40 ,my scheme is calculated to answer this good end4 ,here ,i may fitly call attention to an interesting and instructive analysis which ,mr4 ,woodcroft submitted to the ,commission4 ,he showed-- ,,results of the ,,examination of the first hundred inventions1 for which applications for ,patents were made in each of the years #ahee1 #aheh1 and #ahfb 7abridged74 #ahee4 8,of the first hundred inventions for which applications for ,patents were made in the year #ahee1 none are apparently of considerable value4 8,four of the hundred inventions appear to be of some1 but not of great value1 and ,patents were granted for all of them4 8,the remaining ninety-six of the hundred inventions seem to be of little or no value2 and ,patents were granted for sixty-six of them40 #aheh4 8,of the first hundred inventions for which applications for ,patents were made in the year #aheh1 none are apparently of considerable value4 8,three of the hundred inventions appear to be of some1 but not of much value4 8,the remaining ninety-seven of the hundred inventions seem to be of little or no value2 and ,patents were granted for sixty-two of them40 #ahfb4 8,of the first hundred inventions for which applications for ,patents were made in the year #ahfb1 one is apparently of considerable value4 8,of the same hundred inventions one appeared to be of some1 but not of great value4 8,the remaining ninety-eight of the hundred inventions seem to be of little or no value4 ,patents were granted for fifty-nine of them40 ,i conceive1 on the basis of this evidence1 that the estimate ,i am now about to give represents1 relatively1 but ,i will not venture to say absolutely1 a fair view of probable claims4 ,it also affords some guide for anticipating what1 coming from the ,exchequer1 would be a reasonable total vote for rewards4 ,such a sum1 or even a larger1 ,parliament should willingly grant4 ,it can be proved to be true national economy4 ,the nation1 as individuals1 is paying vastly more now4 ,for that burden ,parliament1 by not removing ,patents1 is alone responsible4 #a at #aj1jjj #c at #e1jjj #ae1jjj #ab at #a1jjj #ab1jjj #hd at #ejj #db1jjj #bej at #ajj #be1jjj #djj at #ej #bj1jjj ,medals and ,certificates of ,honour and ,merit #a1jjj --- -------- #gej #abe1jjj ,i am aware that inventors have hitherto drawn such large sums in some cases 7in many or most cases claiming more than they got71 that they may at first hardly be pleased with my proposal4 ,but they should remember that the sums set down are those derivable from one country alone--one of the between forty or fifty countries which give ,patents now4 ,the revenues from these other countries1 therefore1 are to be added4 ,they will also consider that it is optional whether or not they apply for rewards4 ,let them work in secret1 if they will and can4 ,but if they resolutely contend for ,patents1 let them know the time for abolishing these is at hand2 and abolition may come1 if they resist it1 without even this substitute4 ,i have endeavoured to show what ,i believe to be true--that ,parliament1 when it1 by the ,act #ba1 ,jas41 #c1 tolerated monopolies for inventions1 did not sanction any system at all like that into which ,patents have developed1 or degenerated2 that1 in defiance of the ,act1 ,patents are granted so as to create the evils which ,parliament expressly sought to shield the nation from2 that recent legislation has aggravated the great evils that pre-existed2 that a ,commission has satisfied itself that no radical or sufficient remedy can be applied2 that the arguments of the defenders of ,patent monopolies are untenable2 that the most eminent statesmen1 lawyers1 engineers1 manufacturers1 and philosophers plead for abolition2 that the ,state is at liberty1 and has the power1 to devise1 if it wills1 a better method of dealing with inventions1 but that such a method must be one that leaves manufacturers free1 and able to compete with continental rivals by at once adopting1 without any burden of royalties1 every most recent improvement4 ,to conclude3 this great and vital question cannot longer be deferred4 ,it must be taken up1 and that early1 by what is expected to be a working ,parliament--a ,parliament1 too1 which for the first time can claim to represent labour and operative industry4 ,parliament has legislated in order to the preservation of salmon1 and required the removal of obstacles on the coasts and in the rivers4 ,here are far worse obstacles1 affecting not a luxury1 but all our necessaries of existence1 and every means of earning a livelihood4 ,again3 are we not asked to remove light-dues at the sea and tolls on the land8 ,but what are these unimportant1 sparse1 and withal equitable taxes1 compared with the close-recurring stoppage and the indefinite and heavy demands for questionable 8service0 which ,patents constitute8 ,yet1 again3 ,by arrangement with ,france we recently abolished the time-sanctioned petty exemptions of free-men2 but here we are continuing to levy more burdensome private taxes1 with exemptions in favour of foreigners6 ,it is they1 indeed1 whom the provisions of the ,patent-,law strangely serve4 ,foreign countries are not so liberal to ,british subjects as we are to theirs2--why should they8 ,the number of ,patents we grant in a year to foreigners has increased within a short period tenfold--to about #hhj1 or about twelve times the whole number that ,prussia grants to her own subjects and all the world besides4 ,well may ,sir ,william ,armstrong remark in his evidence3-- 8,unless you wish to benefit the foreigner1 unless that be the sole object1 as a matter of policy1 ,i do not see what the motive to apply the ,patent system is40 ,the same witness said also3-- 8,is it the fact that ,patents are taken out in this country for processes which are in operation abroad1 but which have not been previously introduced into this country8--,certainly4 ,a process in actual operation abroad1 which has not been published in this country1 can be made the subject of a ,patent4 8,is it practically the case that processes which are carried on abroad are brought into this country by parties who patent them here8--,yes4 8,a great number every week8--,yes1 constantly40 ,any one who has followed me in the statements ,i have presented will see that1 while we have been retrograding and making our system of monopoly wider and worse1 the ,continent1 to which a ,patent system was first introduced just three-quarters of a century ago1 is ahead of us in respect of the prudence with which exclusive privileges are granted and administered4 ,there1 as a rule tolerably general1 ,patents of importation are treated less liberally than those granted to inventors4 ,the early and almost continuous working of the ,patent within the kingdom is required2 it lapses when expiry abroad exposes to foreign competition2 expropriation is provided for2 there is more scrutiny2 medical appliances and food are excluded1 c4 ,but this is merely one1 and a comparatively unimportant1 fault of the system4 ,there are many faults1 as we have seen1 much more serious1 and which the ,commission deem irremovable4 ,i must1 therefore1 protest against injury done by the ,patent system to our manufacturers and artisans1 and through them to the nation4 ,these interests1 the interests of us all1 cannot with impunity be subjected longer to the hardships that ,i have endeavoured to expose4 ,times are changed4 ,british and ,irish manufacturing pre-eminence is passing away1 not indeed by its actual retrogression1 but by a simultaneous and relatively more rapid progression of rivals on the ,continent1 who1 in not a few cases1 are competing successfully1 even in our home markets1 in those articles of commerce and manufacture in which but lately we1 perhaps conceitedly1 supposed we had outstripped1 without a chance of being overtaken1 all conceivable rivals4 ,the motion1 of which notice has been given1 is3-- 8,that1 in the opinion of this ,house1 the time has arrived when the interests of trade and commerce1 and the progress of the arts and sciences1 in this country would be promoted by the abolition of ,patents for inventions40 ,unless1 indeed1 ,government and the ,house prefer in the first instance fresh inquiries through a ,committee or ,royal ,commission1 in behalf of which course it is fair to allege the circumstance that artisans and operatives were not represented among the witnesses in former investigations1 ,i submit that this motion ought to be at once adopted4 ,such action on our part will commend1 and1 in a sense1 inaugurate1 a principle which the nations of the world1 who copied our present system1 will not be slow to appreciate and embrace4 ,restoration of that effete system to its earlier moderate dimensions--rectification1 however thorough1 of the wrongs it involves towards inventors1 will not suffice1 and need not be attempted4 ,the time has come1 not for palliatives nor remedies1 but for removal out of the way4 #b ,another illustration naively presented us1 even by ,mr4 ,hindmarch1 of the characteristic logic and boldness of the ,patent interest1 which may surprise 8inventors' friends0 accustomed to rely that our system of ,patents is legal and constitutional1 will be found in the ,appendix4 #c ,what would ,adam ,smith think of his commentator8 ,,speech ,,of ,,sir ,r4 ,,palmer1 ,k4,b41 ,m4,p4 ,sir ,,roundell ,,palmer1 in seconding the motion1 said he had long felt convinced that this subject was one of great and growing importance1 which it would be necessary at an early period to bring before the attention of the ,house4 ,he rejoiced that it had been undertaken by a practical man like the honourable member for ,leith1 who could speak upon it1 not under the influence of any of the partial views which possibly those who looked at it from a lawyer's point of view might be thought by some to entertain1 whether they were in favour of or against ,patents4 ,he was glad to find that practical men like his honourable friend had arrived at conclusions which1 in their broad principles1 were substantially the same as those to which many members of the legal profession1 who had had a good deal of opportunity of observing that matter1 had in common with himself1 come4 ,he was bound to state that he thought the time had arrived rather for opening than for concluding the discussion of that subject2 and1 therefore1 he hoped he should not be thought to do anything inconsistent with the duty he had undertaken in seconding his honourable friend's motion1 when he said at once that1 for his own part1 he was inclined to go to the root of the matter and abolish ,patents altogether1 and not attempt to substitute even such a system--although it might probably be preferable in many respects to the present system--of rewards1 as his honourable friend had mentioned4 ,of course those who derived benefit--whether they were the public or were private individuals--from the discoveries that might be made if ,patents ceased to exist1 might always take into consideration the value they received1 and pay for that benefit1 as he believed the ,government now did1 although it was not bound by ,patents1 with respect to improvements which were useful to the public service4 ,but that1 he conceived1 would be a very different thing from an organised system of rewards at all analogous to the present system of ,patents4 ,he might mention1 in passing1 a third plan1 which had found very able and authoritative advocates1 and which he should also greatly prefer to the present system1 although he thought total abolition would be better than that likewise4 ,he referred to the plan of putting an end to the notion that every person who invented anything had a right to a ,patent1 and recurring to what1 he imagined1 was originally the principle intended--namely1 the giving of ,patents as a matter of grace and favour in well-selected and discriminated cases1 in the exercise of a discretion by an authority entrusted with that discretion4 ,but1 as he had already said1 he confessed that he himself was not for half measures in that matter4 ,he thought they had a right1 as the motion proposed1 to say that at the period of progress in the history of the arts and of trade in this country at which they had arrived1 they could do much better without these props4 ,he called them props because he thought they were meant to be so1 but he believed that at present they were nothing but obstructions and hindrances to trade and the arts4 ,let him1 in the first place1 notice the principle on which the ,patent-,law was generally supported4 ,some persons imagined that there was a sort of either moral or natural right in inventors to some such protection as was given by ,patents1 and the principle was sometimes expressed in this way--that a man had a right to the fruit of his brain4 ,now1 he held that invention and discovery were essentially unlike ,copyright4 ,copyright applied to a creation3 a man wrote a book2 he thus brought into existence something which had no existence in the nature of things before4 ,the rest of the world were not in the race with him to write that particular book4 ,but in the case of inventions and discoveries1 the facts with which they were concerned lay in ,nature itself1 and all mankind who were engaged in pursuits which gave them an interest in the investigation for practical purposes of the laws of ,nature1 had an equal right of access to the knowledge of those laws and might be equally in the track for obtaining it4 ,all who were engaged in particular arts and manufactures were actually upon the track which led to the discovery of the useful application of those laws2 and the knowledge of them was the common stock and property of all mankind who were equally in pursuit of it4 ,he could not allow that the man who was first in the race of discovery could claim for fourteen years1 or any other term1 an exclusive property in a portion of the common stock of knowledge which was accessible to all who used the proper means of discovering it4 ,it could not be said that on any considerations except those of public advantage and expediency the man who made the first discovery of a law of nature1 or the right mode of applying it had an exclusive right to apply that discovery for a certain period4 ,it was said1 however1 that ,patents were useful to the public1 either as stimulating invention1 or as insuring the publication of useful discoveries2 and he did not venture to say that the time might not have been when they answered both of those purposes4 ,bounties and premiums might be adapted to a rude state of the arts1 and an early stage in the progress of commerce1 but when a nation had reached so high a degree of progress in all ingenious arts and discoveries and in trade and commerce as we had1 he thought that in this department1 as well as in others1 the system of bounties and premiums was much more likely to be mischievous than useful4 ,but of course one could not demonstrate that point by resting merely on an abstract proposition1 and therefore he would ask the ,house to look at two or three things which it seemed to him would put the matter in a strong practical light4 ,patents might be divided into those which might be popularly called meritorious1 and those which were not meritorious4 ,the former class were certainly not one in a hundred of the total number of ,patents1 and the latter class were very numerous in every year4 ,how1 then1 did the system work as regarded meritorious ,patents8 ,he supposed it would be admitted that among the most meritorious discoveries of recent times were the steam engine1 the electric telegraph1 and the screw propeller for ships4 ,these cases furnished excellent illustrations of the way in which the ,patent system worked4 ,take the electric telegraph4 ,according to the evidence on the subject it was not possible1 even for those who best understood the matter1 to say who was entitled to the merit of that invention1 so gradual and imperceptible was the natural growth and progress of knowledge and discovery in reference to it4 ,but about #djj or #ejj ,patents had been taken out as marking different steps in the investigation of that subject4 ,as to the screw propeller1 he had seen a book which represented the collected ,patents of one company as being #ij or #ajj2 and he understood that the case was very much the same in regard to the steam engine4 ,they were not dealing1 in the case of the most meritorious inventions1 with a true discovery by a single inventor1 but with an important branch of practical knowledge at which many men were working at the same time1 and in regard to which each step attained indicated the next step that was to follow1 and many persons together were on the road4 ,well1 but if they were on the road1 the public would get the benefit of the discovery1 and the question was whether1 by enabling each person on the road to stop up the road at his particular point1 they were not really retarding the progress of discovery1 and throwing difficulties in the way of even the most valuable inventions4 ,there was no one better acquainted with that subject than a friend of his--a gentleman very eminent both in science and in law4 ,he meant ,mr4 ,grove2 and those members of the legal profession who had to encounter ,mr4 ,grove in a ,patent case knew they had a very difficult task indeed before them4 ,now1 here were the words of ,mr4 ,grove in reference to that subject3-- 8,always when a discovery has been made when the public has reaped the fruits of it1 there is no case1 and never was a case1 either in the history of pure science or in the history of practical discovery1 where it is not alleged1 #8,if you look at such a book and such another book1 you will find that so and so has been done1 and you will find that it has been anticipated4' ,that is partly true and partly false4 ,there are in all such cases approximate anticipations4 ,the difference is1 that one man gets at the points1 hits the real thing which will do it1 and the reason why it will2 whereas other people1 although they may have got the thing1 have not acquired an accurate knowledge which will enable them with certainty to produce it40 ,that showed the ,house that the race was often so close that even the man who had hit the thing might be shut out by somebody else who did it a trifle better4 ,nothing could be more true than that4 ,would the ,house allow him to quote the example of a very important ,patent1 which he thought would make the matter clear1 and indicate how much they might lose by a system of that description4 ,for a very long time the distillation of oils from shale and coal had been a matter of the common knowledge--aye1 and of the common practice1 of mankind4 ,early in the present1 or towards the end of the last century1 it was practised by means precisely similar in all points to those which the present patentees used in this country4 ,but it was not known commercially that there was such a thing as paraffin1 nor was it known commercially how to distil it4 ,the oil was1 indeed1 obtained in a rough way1 and without that nicety of discrimination which afterwards resulted from scientific knowledge of the article itself4 ,all chemists knew that in order to distil these oils it was necessary to keep the temperature as low as possible4 ,this was the state of knowledge when a great ,german chemist discovered that by operating on wood1 tar1 and other substances1 he could produce paraffin in small quantities4 ,he also said it could be got from coals in precisely the same way as was subsequently done by patentees in this country4 ,but still the ,german chemist's experiments were of a scientific and not of a commercial character4 ,he neither produced it commercially nor did he hit upon the material from which it could be commercially produced4 ,the same oil could be produced from shale4 ,only the other day there was discovered in ,scotland a new kind of mineral1 as to which the scientific world were at variance whether it was coal or shale4 ,patents had been already taken out for distilling oil from shale1 and1 therefore1 if the newly-discovered substance were shale1 oil could not be obtained from it without an infringement of those ,patents4 ,but a ,patent was taken out by a gentleman who stated that his object was to use bituminous coals for the purpose of distilling paraffin4 ,in point of fact1 he hit upon a mineral which was in ambiguo1 whether it was coal or shale1 but which the authorities ultimately pronounced to be coal4 ,from this substance the oil could be produced in large quantities4 ,this gentleman took out his ,patent1 notwithstanding all the previous knowledge on the subject1 and notwithstanding the fact to which the learned judge who decided the case in one of its branches referred in the following terms3-- 8,there is ample evidence that the attention of practical chemists was previously to the date of ,young's ,patent laboriously directed to discover the proper material and the proper means of producing these articles in sufficiently large quantities for common purposes40 ,the public literally had in their hands all the necessary elements of knowledge belonging to the subject1 and yet the first person who found that this particular coal was more bituminous than others excluded the rest of the world from that manufacture for fourteen years1 and of course amassed a large fortune4 ,substantially1 the test in the courts of law was whether a man had made money and brought the manufacture into use4 ,if so1 the courts assumed that all previous knowledge was inadequate and useless1 and the man who was successful in the manufacture was regarded as the discoverer4 ,was it not quite clear1 however1 that the public were so far on the road to this discovery that it would have assuredly been found out and enjoyed by the public at large if the path had not been obstructed by the ,patent8 ,he would now mention another case4 ,in the days of our youth mills were much infested with flour flying about in them4 ,all the millers1 both in this country and abroad1 wanted to get rid of this nuisance1 and they were possessed of the scientific principle and the mechanical means by which this desirable object would be accomplished4 ,they tried experiments with fans which created a draught to draw the air from the millstones1 and everything depended on the adjustment of a plan to draw just sufficient air and no more4 ,people were actually on the road1 and were doing the thing in an imperfect way1 but in such a way that if they had continued after the granting of the ,patent it would have made them infringers of it4 ,but the man who proposed to do just enough1 and no more1 was held to be entitled to a ,patent1 whereupon all the millers in ,england combined to go into litigation in order to defend themselves4 ,law-suits of the most enormous and oppressive magnitude resulted simply from the circumstance that a man had been allowed to step in and prevent the millers from carrying on their business in the best way4 ,that they would have found it out was certain4 ,that was certainly the impression on his mind4 ,he thought it was almost certain that the discovery being in the direction of their necessity1 and depending on the application of a known principle and of known mechanical means1 was a discovery which could not in the course of nature have been long delayed4 ,having said thus much about those ,patents which were meritorious1 he would make a few remarks on those which were not4 ,a great number of ,patents were simply frivolous1 and related to practical nothings1 but still nothings affecting trades1 and standing like lions in the path to frighten tradespeople1 and to expose them to risk1 litigation1 and annoyance1 if they manufactured those articles which they ought to be at liberty to manufacture4 ,then there were other ,patents of a less frivolous nature4 ,they related to some little combination of a kind which really was so plainly in the open path1 that everybody ought to be at liberty to use it4 ,these1 however1 furnished the staple of the great majority of ,patents1 which1 though they did no practical good1 operated to a great extent in hindering subsequent inventors in effecting further improvements1 because these ,patents covered almost the whole ground of everything that could be possibly done4 ,an inventor1 unless he paid a tax to the owners of prior useless ,patents1 was exposed to litigation1 and even if he were willing to pay the tax1 the owners of the prior useless ,patent might refuse to grant him a licence4 ,thus for the space of fourteen years these useless ,patents might not only do no good to the public1 but might actually stop the road to all further improvement during that long period4 ,on this subject evidence had been given by three persons of eminence--,mr4 ,scott ,russell1 ,sir ,william ,armstrong1 and ,mr4 ,platt4 ,these gentlemen agreed in saying that the useless ,patents to which he had just referred were a practical nuisance1 and1 if so1 it was obvious from their number that they must be a very great nuisance4 ,mr4 ,scott ,russell said3-- 8,there are a great many ,patents of this kind 7practically useless1 but not appearing so on the face of them7 taken out for boilers of steam-engines1 and boilers of steam-engines admit of very enormous variety of shape and proportions1 without damaging their efficiency4 ,the consequence is1 that it is hardly possible at this moment for a man having to scheme a boiler for a new situation or new circumstances to avoid putting his foot in so doing into a trap which somebody has previously set for boilers4444 ,nearly the whole of the ,patents for the boilers of steam-engines at this moment are of no practical value to inventors or to the public2 but they are continually getting every man who makes a boiler into a scrape with some patentee1 because almost every conceivable form of boiler having been previously patented1 and bit of a boiler1 one cannot make any sort of boiler without infringing some man's patent40 ,he said precisely the same thing of screws4 ,then ,mr4 ,platt1 a well-known machine-maker1 said3-- 8,i think that there is scarcely a week1 certainly not a month1 that passes but what we have a notice of some kind or other of things that we have never heard of in any way1 and do not know of in the least1 that we are infringing upon them2 and the difficulty is to get at any knowledge4 ,we may be now infringing1 and may have been infringing for years1 and a person may have been watching us all the time1 and when he thinks that we have made a sufficient number1 he may come down upon us1 and there is no record4 ,if a thing is entirely new1 there is a record by getting a description2 but what ,i mean by a description is this--,a very large number of ,patents are now taken out for what is termed a combination of known things for the same purpose1 and the descriptions of those ,patents are generally so bad that it is impossible to tell the parts that are actually patented4 ,it is only when you come into court1 or after making some compromise rather than go to that expense1 that you ascertain that fact1 and very likely they themselves in many cases do not know the parts that they have actually claimed4 ,it appears to me that1 as to that question of combination1 the granting of ,patents for things to do precisely the same work in the same machine1 with the addition1 perhaps1 of a chain or a couple of bolts1 or the form of the lever changed1 a straight lever made into a compound one2 in matters of that kind it has become a very serious question as to conducting a large business40 ,these were examples which it would be very easy indeed to multiply1 and if the objections he had urged against the meritorious ,patents were well founded1 what could be said in favour of the large proportion of ,patents which were thus simply obstructing the trade and commerce of the country8 ,could any one doubt that in this advanced era of knowledge the public would gain1 on the whole1 by the abolition of the ,patent-,laws8 ,before he left that part of the subject he wished to mention one very pregnant fact4 ,there was in this country a powerful consumer--he meant the ,government--which1 with respect to fire-arms1 cannon1 ships1 and things of that sort1 would be placed in a very singular position indeed if it were subject to the ,patent-,laws4 ,during the time he had the honour of being a law officer of the ,crown1 an extensive war was1 as the ,house was aware1 unfortunately raging1 and a large number of ,patents had come under his consideration in connexion with so-called improvements in ordnance and ships4 ,it would be seen from the evidence to which his honourable friend had referred that the authorities at the ,war-office and the ,admiralty had patentees swarming like hornets about their ears1 and that the public service seemed1 in consequence1 likely to be obstructed to a very inconvenient extent4 ,the question was then tried whether the ,crown was bound by ,patents at all1 and a decision was obtained to the effect that it was not4 ,but while the ,crown was free it should be remembered that the people at large were subject to the law as it stood1 and if in the case of the ,government the claims of patentees were found to be monstrously inconvenient1 it might not be difficult to believe that they operated in the same way in the case of the rest of the world also4 ,he should not enter into the minor details of the improvements which had been recommended by the ,commission1 but there was another point to which he wished briefly to advert before he sat down2 he alluded to the question of the protection of the public against invalid and bad ,patents4 ,the whole argument in favour of ,patents proceeded on the supposition that the public were likely to be really benefited by some discovery which was worth the price of all the inconvenience and obstruction to which they were exposed under the present system4 ,but if they said that they gained nothing by the ,patent1 and that they only wanted to be set free1 what was the position in which they stood in reference to the cardinal point of protection against bad ,patents8 ,was there really any protection in that respect in the duties which were discharged by the law officers of the ,crown8 ,it was impossible for the law officers of the ,crown1 acting on the mere statement of the patentee1 to know with certainty whether a so-called discovery was new or not4 ,they could only examine into the question whether an alleged invention1 as described on the face of it1 was or was not satisfactory1 but they could in no way protect the public against having an old thing put forward as a new1 or a useless as a useful invention4 ,indeed1 the attempt by means of any sort of preliminary investigation to establish the utility or inutility of a ,patent must1 in his opinion1 necessarily fail so long as the granting of ,patents was a matter of right and not of discretion4 ,and what was the result when a ,patent came to be disputed in a court of law8 ,everybody was aware that such litigation had acquired a reputation infamous beyond every other4 ,in the ,paraffin ,oil ,company's case1 which had been referred to1 the time occupied before ,vice-,chancellor ,stuart was not less than thirty whole days4 ,why was so large an amount of time consumed in those cases8 ,because it was necessary to enter into the whole history of the discovery in all its numerous stages1 and to beat up witnesses all over the country1 so that a voluminous mass of scientific evidence had to be produced4 ,that was the reason why the expense in those cases was so enormous1 while the public were in every point of view placed at an immense disadvantage1 for the presumption was in favour of the patentee1 who1 if he happened to have succeeded in an action against another person1 was entitled to have the fact put in evidence in the case1 and might subject his opponent to extra costs4 ,but that was not all4 ,in a case1 he believed1 of a ,patent for the purifying of gas by the use of metallic oxide of iron1 it came out that there were two kinds of oxide1 the hydrous and the anhydrous1 and that the one would effect the object while the other would not2 but1 because the terms were general1 although everybody who tried the experiment might arrive at the result desired1 the ,patent was held to be bad1 and another person who took out a ,patent for the hydrate had his ,patent made good4 ,lord ,westbury1 who was as well acquainted with the subject as anybody who had in recent times occupied the woolsack1 said in #ahfb1 in speaking on that point3-- 8,to vitiate a ,patent by prior publication1 whether in a prior specification or in a published book1 c41 the antecedent statement must be such that a person of ordinary knowledge of the subject would at once perceive1 understand1 and be able practically to apply the discovery without the necessity of making further experiments4 ,if anything remains to be ascertained which is necessary for the useful application of the discovery1 that affords sufficient room for another valid ,patent40 ,it would be seen1 he thought1 from what he had stated1 that the public were placed at a great disadvantage in the contest4 ,in dealing with ,patent cases in a court of law there was generally a vast array of witnesses to be examined1 consisting of mechanics1 chemists1 and scientific men of all sorts on one side and the other4 ,then there were the jury1 who knew nothing of the subject1 and the judge1 who might be placed in a worse position1 because he might imagine he understood all about it when he did not4 ,he did not1 of course1 mean to say that the judge did not sometimes understand it1 but it might very easily happen that an ingenious professional witness might so argue the case under the form of giving evidence as to lead the judge to think that he really knew all about it when such was not in reality the fact4 ,then the bias being in favour of the patentee1 the result of such trials almost invariably was1 that if the matter happened to be of any practical importance1 the public were defeated1 after having endeavoured to protect themselves at an enormous expense4 ,he would not enter into minute details1 but probably he had said enough to show that a great practical evil arose out of ,patent-,laws1 and that for this evil there was little or no corresponding benefit4 ,he did not think that we should lose really valuable discoveries if the ,patent-,laws were abolished4 ,there might be some rare instances in which particular circumstances might give to particular inventors motives for suppressing and facilities for suppressing discoveries which were not patented4 ,but1 assuming that to be possible in some cases1 it operated even now1 for it was well known that ,patents were bought up for the purpose of being suppressed1 and it was understood also that inventors were the persons who derived the least advantage from their inventions4 ,his conclusion1 therefore1 upon the whole matter was that the time had at last arrived--even if it had not arrived some time ago--at which the public interest would be promoted by the entire abolition of the present system of monopoly4 ,this speech and the succeeding one have been obligingly revised for the press by the speakers4 ,,speech ,,of ,,the ,,right ,,hon4 ,,lord ,,stanley1 ,m4,p4 ,lord ,stanley said that1 agreeing substantially in the arguments of the honourable and learned gentleman who had just sat down1 he should not have troubled the ,house if it had not been for the circumstance that he was chairman of the ,royal ,commission which sat upon the question of the administration of the ,patent-,law some years ago1 and he thought1 therefore1 that it might be expedient he should state what was the result which that inquiry produced upon his mind4 ,there was no doubt that1 quite apart from the principle of the law1 the details of the law1 as at present administered1 were not satisfactory2 and1 if the law were to continue in any form1 he believed that in the report of that ,commission various suggestions would be found by which the most prominent objections to its present working might be removed1 and fair trial might be given to the principle itself4 ,but it was impossible to carry on an inquiry of that kind1 even limited as it was--it was impossible1 at least1 for him1 and he believed he was not the only one in that position--without finding a doubt raised in one's mind whether any ,patent-,law could be framed in such a manner as not1 upon the whole1 upon the balance of good and evil1 to do more harm than good4 ,that conclusion1 he was bound to say1 was totally opposed to his earliest impressions upon the subject4 ,he resisted it for some time1 but the more he had to look into this matter--the more he had to consider how great were the practical abuses and inconveniences of the existing system1 and how difficult it would be to remedy them--the more clearly it appeared to him that the evil was really irremediable1 being inherent in the principle itself4 ,on this subject of ,patents there had been a certain amount of prejudice1 particularly in the minds of literary men1 who appeared to think that ,copyright was only a modification of the same principle1 and that if ,patents were abolished ,copyright would follow4 ,the analogy seemed a plausible one1 but he thought that1 on being looked into1 it would not hold water4 ,the difference was simply this3 ,he did not rest it on any abstract ground as to the distinction between invention and discovery1 but on the obvious fact that no two men ever did or ever would write1 independently of one another1 exactly the same book2 each book1 be it good or bad1 would stand alone2 whereas it might happen1 and often did happen1 that two or three men1 quite independently of one another1 would hit upon the same invention4 ,that alone established a distinction between the two cases4 ,he was not disposed to place the objection which he entertained to the system of ,patents upon the ground of any abstract impropriety in giving a man a property in ideas4 ,to a certain extent you did in the case of ,copyright recognise a certain qualified and temporary property in ideas2 and if it could be shown that a man's ideas had been of a nature to add greatly to the wealth of the country1 he did not think that any abstract considerations of the kind mentioned by the honourable member 7,mr4 ,macfie7 would induce anybody to grudge to such a man any reward to which he might fairly be entitled1 provided that that reward could be given in a manner free from objection on other grounds4 ,the objections which he felt to the principle of ,patents were threefold4 ,in the first place1 you could hardly ever secure the reward going to the right man4 ,in the next place1 you could not establish any proportion between the public service rendered and the value of the reward received1 nominally1 for that service4 ,and1 thirdly1 you could not by any arrangement that he had been able to discover1 prevent very great inconvenience and injury being inflicted upon third parties4 ,with regard to the first point--the difficulty of securing that the reward should go to the right man--it must be remembered that a ,patent did not1 as some people supposed1 bring to the holder of it an immediate pecuniary recompense4 ,all that it did was to give him a right to prevent any one else from using his invention without paying for it1 and if that ,patent were infringed he was entitled to take legal proceedings4 ,but everybody knew that law was costly1 and that ,patent suits were the most costly of all4 ,it was notorious that ,patents were continually infringed by persons who well knew they were infringing them1 but relied upon the inability of the inventor to incur the expense of defending his property4 ,if a poor inventor took out a ,patent1 and the ,patent promised to be productive1 in nine cases out of ten he was obliged to sell it to some one who could command capital enough to defend it in a court of law4 ,if the ,patent remained in his own hands1 it was quite sure to be infringed1 and then he would probably be crushed by the law expenses4 ,he did not know whether it would be possible to obtain accurate information upon this point1 but he really did not think he should be exaggerating if he said that in nine cases out of ten--probably in #ii out of #ajj--the reward was obtained1 not by inventors or their representatives1 but by persons who had bought the ,patent on speculation and at a very low rate4 ,he said at a low rate1 because there was a great deal of uncertainty about such property1 and until a ,patent was tested by actual working you could hardly say whether it was valuable or not4 ,what was the practical effect of this8 ,why1 that a few great firms in any branch of business1 buying up at a low rate any new ,patent applicable to their business1 and prepared to fight for it1 could so hamper other competitors as to secure a practical monopoly4 ,the reward1 therefore1 did not1 as a rule1 go to the men who1 on the ground of the public service rendered by them1 were intended to receive it4 ,as to the second point--that the reward might be great and the public service very small--that had been dwelt upon by the honourable and learned gentleman opposite1 and little need be added to what had been said by him4 ,the merit and novelty of the invention might in many cases be almost nothing1 and1 yet however obvious it might be1 however much it might lie1 so to speak1 in the high road of discovery1 if it applied to any article of general use1 the pecuniary reward derived from it might be absolutely out of proportion to the novelty or value of the invention4 ,it would be easy to give instances1 but he apprehended that the fact was familiar to every one who had studied this question4 ,then1 with regard to the injury to third parties1 it commonly happened that half-a-dozen men who were competing in the same line of business were upon the track of the same discovery4 ,each of these half-a-dozen men would probably have hit upon the invention which was wanted1 independently and without communication with the other4 ,but the first who hit upon it1 and who took out a ,patent for it1 was thereby entitled to exclude the general public and competitors from the use of that which1 if he had never existed1 they would probably have hit upon within a few weeks4 ,a and ,b reached the same point1 one a week or a fortnight before the other1 and ,a became entitled1 by the mere accident of such priority1 to exclude ,b from a process which1 a little later on1 ,b would have hit upon for himself4 ,another case was that where the successful working of a process depended not upon one1 but upon several successive inventions4 ,the first two or three1 not leading to any immediate practical result1 might not have been thought worth patenting4 ,the last link in the chain gave to the whole their commercial value1 and it was the person who took out the ,patent for the last invention who got the benefit of the whole1 yet it might not be the most important invention in the series4 ,he would say nothing of the inconvenience and prejudice to manufacturers in general4 ,that was obvious enough1 and the question was whether there was any counterbalancing advantage4 ,these were the considerations which led him to the conclusion that it was impossible to defend our system of ,patent-,law as it stood4 ,at the same time1 he did not at all disguise from the ,house that there were certain inconveniences and difficulties in the way of abolishing ,patents altogether4 ,you had to guard1 in the first place1 against the danger of encouraging inventors to keep their discoveries entirely to themselves4 ,in some branches of business1 no doubt1 that would be possible1 and the obvious effect might be to shut out the public1 for a much longer period than would be the case if ,patents were allowed1 from the use of some valuable invention4 ,then it had been suggested by the honourable member who raised this debate that there might be a system of ,state rewards for the encouragement of really meritorious inventions4 ,without putting an absolute negative on that plan1 he must observe that it was one which could only be established at great cost1 and it would be a very difficult thing to apportion among inventors the rewards to which they might think themselves entitled4 ,the distribution of the rewards would give rise to endless complaints1 and would occasion1 however unjustly1 suspicions of jobbing and partiality4 ,with regard to the suggestion thrown out by the honourable and learned gentleman1 of the possibility of granting ,patents1 not as a right1 but as matters of discretion only in certain limited and important cases1 the ,select ,committee considered that point1 and he was bound to say that the difficulty of carrying it out appeared to his mind almost insuperable4 ,there would be found great difficulty in drawing the line1 and it would not be an easy matter for any one to exercise so large a discretionary power as to decide to what inventions ,patents should or not be granted4 ,he did not know what tribunal would be fit to exercise so great an authority1 and he was sure that none would be able to exercise it in a manner to give satisfaction to the public4 ,the most fit persons to decide in such a case would be the first to see the difficulty of deciding on any intelligible principle1 and would on that ground decline to undertake the duty4 ,under these circumstances it appeared that they were landed in a position of great embarrassment4 ,he was convinced that the ,patent-,laws did more harm than good1 and if called on to say aye or no as to their continuance1 he should certainly give his vote against them2 but1 as this was a matter which required particularly careful handling1 he should be content to leave the question in the hands of the ,government1 and he thought it was well worth consideration whether they could not1 starting on the ground that the abolition of the ,patent-,laws1 wholly or partially1 was desirable1 institute some inquiry with the view of discovering1 if possible1 the best substitute for them in certain cases4 ,,patent ,,right4 ,paper by ,mr4 ,j4 ,stirling1 ,presented to the ,glasgow ,chamber of ,commerce1 and published by permission4 ,first3 ,patent-right cannot be defended on the ground of justice4 ,the object of a ,patent-,law is to establish a 8property in ideas30 but this involves the double fallacy that thought can and should be appropriated4 ,the end of all law is to ensure the universal freedom of human action4 ,hence the law of property secures to every man the product of his own labour4 ,it gives to each an exclusive right to the material embodiment of his productive energy1 to be possessed or alienated by him at will4 ,but in so doing it leaves unrestricted the productive energy of every other man4 ,the freedom of one 7as represented by his property7 is thus consistent with the freedom of all4 ,but thought cannot be appropriated4 ,in thought there is no material product to be made the object of a proprietary right4 ,there is no 8thing0 to be possessed or alienated4 ,the law can only1 therefore1 give the exclusive use of an idea to one person by injuriously limiting the intellectual activity of all others4 ,a ,patent-right1 therefore1 is less a 8property in ideas0 than a monopoly of thought4 ,again1 a true right of property is universal in its application2 it extends to the products of all industry1 however humble4 ,but it is instinctively felt1 that a proprietary right applied to every individual idea would be essentially absurd4 ,patent-,law1 therefore1 is essentially partial in its application4 ,it picks out certain favourite ideas1 and confers on them an anomalous and oppressive privilege4 ,there seems no good reason why the ideas of inventors should be especially favoured4 ,an invention is a means to a special end1 and should be recompensed by him who has the end in view4 ,if any ideas deserve a public recompense1 it is those general ideas whose application is of universal utility4 ,but ,patent-,law ignores the discoverer of general ideas1 and while conferring rewards1 at the expense of the community1 on empty schemers and puffing tradesmen1 it passes over the services of a ,newton or an ,adam ,smith4 ,the law of ,copyright1 indeed1 gives to the philosopher a right of property in his published and material works1 but it leaves 7most justly7 his ideas to be used and elaborated by whoso can and will4 ,again1 ,patent-,law is founded on a conventional1 not a natural1 right4 ,it is not1 like the ordinary law of property1 based on an universal intuition of the human conscience1 but it is one of those laws by which unwise legislators have striven so long and so vainly to give an artificial stimulus to human industry4 ,hence the arbitrary nature of its enactments4 ,the ordinary right of property is unlimited in its duration--passing from generation to generation4 ,but common sense revolts1 instinctively1 against a perpetual monopoly of thought4 ,a ,patent-,law1 therefore1 can never be more than a weak compromise with principle--the legislator undertaking to secure to the patentee his ideal property during the biblical term of seven or fourteen years4 ,now1 if the inventor have a right at all1 he has a right to more than this4 ,to cut down a real and acknowledged right of property to seven1 or even fourteen1 years were a grievous wrong4 ,patent-right goes too far1 or not far enough4 ,either a ,patent is no right at all1 or it is a right for all time4 ,if ill-founded1 it is a robbery of the public2 if well-founded1 of the patentee4 ,mere priority affords no good ground for the exclusive right to an invention4 ,the free exercise of thought is the common right of all4 ,wherefore if ,a excogitate a principle to-day1 and ,b1 by independent thought1 excogitate the same principle to-morrow1 both have an equal right to benefit by the discovery2 and ,a has no natural right to debar ,b from the legitimate fruit of his intellectual effort4 ,it may be even that ,a had no real priority of thought1 but was only more knowing1 more greedy1 or was simply nearer to a patent office1 and1 though latest in arriving at the idea1 was the first to secure a legal monopoly of its use4 ,to found a right on such a race for priority is evidently irrational4 ,the simultaneousness of discoveries and inventions by different minds1 is a well-established fact in the history of science4 ,certain facts and reasonings1 all tending in a given direction1 are before the world4 ,these act simultaneously on various minds1 and produce in each the same development of thought4 ,now1 with what justice do we pick out one of these many thinkers and give him a monopoly of the common thought8 ,nor is the injustice confined to the original idea1 of which we grant a monopoly4 ,by tying up one idea1 we stop the whole course of thought in a given direction1 and thus interfere generally1 and to an indefinite extent1 with the intellectual activity of other men4 ,the inventor benefits by the ideas of the community1 and has1 therefore1 no right to a special privilege for his idea4 ,the universal thought of mankind is a common good2 all benefit by it freely1 and all are bound freely to contribute to it4 ,every thinker owes an incalculable debt to society4 ,the inventor has the benefit of all foregone human thought1 of all existing civilization4 ,he has the unbought advantage of all laws1 all language1 all philosophy4 ,he has the free use of all the methods and appliances1 spiritual and material1 which have been painfully elaborated by the thinkers and workers of all time4 ,why1 then1 should he alone have an exclusive privilege1 in respect of the infinitesimal addition which he may make to the work of ages8 ,secondly3 ,patent-right cannot be justified on the lower ground of expediency4 ,the object of a ,patent-,law1 in the supposed interest of the community1 is to stimulate invention4 ,but invention needs no artificial stimulus4 ,nature has amply provided all needful and wholesome encouragement1 in the additional profit afforded by improved methods of production4 ,in the natural course of business1 every producer is spurred on by his material interests to invent for himself or to encourage the inventions of others4 ,the whole history of industrial progress is an unceasing striving after improvement1 with a view to profit4 ,the few thousand patented inventions are as nothing compared with the innumerable improvements produced daily and hourly in the ordinary course of business1 with the vulgar view of gain4 ,the best stimulus to invention1 therefore1 will be found in the natural competition of producers2 but ,patent-,law destroys this competition by an unjust monopoly1 and thus tends indirectly to weaken the natural impulse to improvement4 ,invention may be even over-stimulated4 ,in all her arrangements1 ,nature provides for a due equilibrium of powers and tendencies4 ,thus the various faculties and temperaments of man--the sanguine and the cautious1 the speculative and the practical--are nicely balanced4 ,the result1 when things are left to themselves1 is a happy combination of ingenuity and caution1 and1 as a consequence1 a continuous but prudent course of improvement4 ,but if1 by conventional rewards1 we give a factitious impulse to the inventive faculty1 we destroy the natural equilibrium of capacities1 and foster a scheming1 fanciful turn of mind1 at the expense of thoroughness and a patient working out of sound ideas4 ,this result has actually occurred in the ,united ,states1 where the factitious value attached to invention has tended to produce an almost total sacrifice of solid workmanship to a flimsy ingenuity4 ,patent-,law does not even attain its proposed end of quickening the progress of real improvement2 on the contrary1 it is found in practice seriously to hinder it1 the monopoly granted to one inventor necessarily obstructing the progress of every other4 ,hence1 an eminent inventor has lately said3 8,the advance of practical science is now grievously obstructed by those very laws which were intended to encourage its progress40 ,that ,patents seriously obstruct the natural development of ideas1 is best seen by the sudden advance which usually follows the expiry of important ,patent-rights4 ,the natural course of improvement1 dammed back by artificial obstruction during the continuance of the ,patent1 is set free on its conclusion1 and a new impulse is given to the development of ideas and their practical application4 ,but the public is not the only sufferer by ,patent-right4 ,without doubt the heaviest evil falls on the patentee4 ,the inventor is led to give an excessive development to his talent1 and is seduced into reliance on a law that can give him no substantial protection4 ,the difficulty of defining original inventions is a practical bar to a satisfactory ,patent-,law4 ,the whole history of ,patents is a long-continued story of litigation and disappointment2 and the more admirable the invention1 the greater is the certainty of difficulty and loss4 ,it must be a worthless invention that the patentee is left to enjoy in peace4 ,whenever a ,patent is worth pirating1 the inventor may depend on being involved in a maze of litigation that disturbs his peace and ruins his fortunes4 ,and the more the ,patent privilege is extended1 the worse the evil becomes2 the intricacy and the multiplicity of details baffling every attempt to define the rights of competing inventors4 ,at this moment the heaviest complaints against ,patents come from our great inventors4 ,they repudiate the proffered privilege as 8injurious to inventors10 and complain of being 8borne down by an excess of protection40 ,as is natural1 they who are most occupied with the advancement of invention1 feel most acutely the grievous obstructiveness of the ,patent-,law4 ,not enough that they have to battle with natural difficulties2 at every step they meet obstructions which a well-meaning but perverse law places in their way4 ,nor do these obstructive privileges confer any real advantage on the empty schemers whose monopoly they establish3 they merely give them the vexatious power of hindering the progress of better men4 ,the mere 8pen-and-ink inventor0 has neither the energy1 nor the perseverance1 nor the practical ability to mature his crude 8idea20 but to this man the law awards the dog-in-the-manger privilege of effectually obstructing the natural progress of practical improvement4 ,these practical evils the advocates of ,patent-,law do not deny2 but they attribute them to the defective execution of the law1 not to its vicious principle4 ,hence a never-ending cry1 as in the case of all bad laws1 for more legislation1 for more stringent regulation1 for stricter investigation1 and more thorough registration of ,patents4 ,but no tinkering at details can avail4 ,the whole system is radically unsound2 and the only effectual remedy is to lay the axe to the root4 ,a sentimental plea in favour of ,patent-right has been set up by some1 on the ground that the inventor--the man of thought1 as he is called--must be saved from the toils of the capitalist1 ever ready to prey on his superior intellect4 ,this silly sentimentalism could only originate in an utter ignorance of the relations which naturally subsist between capital and talent4 ,the capitalist is the natural ally of the inventor1 whom it is his interest to employ and encourage4 ,it is a chief part of the business of every producer to search out every one who can help him to improved methods of production2 and the remuneration which1 in one shape or another1 it is the interest of the capitalist to offer to the really clever inventor1 will always form a surer and more substantial reward than the delusive privilege of a legal monopoly4 ,as to the complaints we hear of neglected talent1 we may safely conclude that they arise more from the exaggerated pretensions of conceited schemers1 than from any obtuseness to their own interests on the part of practical men of business1 who refuse to profit by their inventions4 ,on the whole1 ,patent-,law seems a blunder1 founded on the antiquated notion of giving ,state encouragement to certain favoured modes of human activity4 ,it is no part of the duty of the ,state to stimulate or reward invention2 the true function of ,government is to protect1 not to direct1 the exercise of human energy4 ,by securing perfect freedom to each individual1 we shall best provide for the progress of the community2 nor can any law be conceived more detrimental to the common weal than one which lays restrictions on perfect freedom of thought4 ,,are ,,inventions ,,property8 ,,by ,m4 ,t4 ,n4 ,,benard1 ,,editor ,,of ,,the 8,,journal ,,des ,,economistes10 ,,july1 #ahfh4 7,translated and ,reprinted by his obliging consent47 ,in the number of the ,journal des ,economistes for last ,december there appeared a very conscientious paper on 8,property in ,inventions10 by our learned colleague1 ,m4 le ,hardy de ,beaulieu4 ,we would have preferred that some master of the science had published an answer to this article1 which it seems to us is based on a wrong principle1 and that he had given to the readers of this journal the opposite view of those ideas so ably set forth by the honourable ,professor of ,political ,economy at the ,belgian 8,muse de l',industrie40 ,we believe that this question has acquired sufficient importance and reality to merit being fully argued and cleared up2 and1 no other having taken up the pen in answer1 we shall endeavour to set forth the principle which alone appears to us true and admittable4 ,we throw out these ideas for discussion1 hoping that the subject will be taken up by one of our masters in the science1 and that this great debate will be carried out in a manner suitable to the imperishable doctrines of justice and equity1 which form the basis of political economy4 ,i4 8,the man who first made a hut10 says ,m4 le ,hardy de ,beaulieu1 8a piece of furniture1 a cloak1 or some necessary of life1 would no doubt have thereby excited the envy of his neighbours1 and he would frequently have been deprived of these objects by violence or by strategy1 before it would be generally allowed that they ought to belong to him who made them1 and that it was at once the duty and the interest of the community to guarantee him their possession against every attack40 ,we acknowledge that the man who first constructed a hut was perfectly right in making good his claim against those who would have deprived him of it1 and that he was justified in vindicating his claim by force4 ,he had employed his time and strength in building this hut2 it was undoubtedly his1 and his neighbours acted up to their natural right and in their own interests in helping him to oppose the intruder4 ,but there ended both the right of the individual and that of the community4 ,if this first man1 not content with claiming his hut1 had pretended that the idea of building it belonged exclusively to him1 and that consequently no other human being had a right to build a similar one1 the neighbours would have revolted against so monstrous a pretension1 and would never have allowed so mischievous an extension of the right which he had in the produce of his labour4 ,nevertheless1 this man had exercised imagination and combination2 he had invented the shape1 the size1 and the arrangement of the whole structure2 he was the first to conceive--probably after many efforts of mind and thought1 after long study1 after observations made on the nests of birds and the hut of the beaver--that pile of branches1 of dead wood1 of leaves and of stones1 of which its shelter is formed4 ,he was an inventor of the first class4 ,how is it1 then1 that the sentiment of justice which prompted him to claim his property did not prompt him at the same time to claim exclusive possession in the idea1 the result of a long train of reflection8 ,how is it that the same sentiment of justice which induced his neighbours1 the community1 to lend him armed force to preserve for him the possession of his hut1 did not go so far as to grant him a property in his idea8 ,no one dreamed of asking him for the permission to imitate what he had made2 no one thought he was committing a crime1 or doing him a wrong1 in making a copy of his hut4 ,property can be a right only when its principles tend to the general good and are useful in advancing the interests of the human race4 ,and if1 in our day1 imitation of an invention is not generally considered as guilty an act as robbery of tangible property1 it is because every one understands the difference between an idea and a thing made or done4 ,the inventor of a particular weapon1 or certain furnishings1 or tools1 had all possible rights in the constructing and possession of these weapons1 furnishings1 or tools2 but these rights could not be extended to the hindering of his neighbours from making tools1 furnishings1 or weapons1 in every way similar4 ,if the community had admitted an exclusive right in these inventions1 it would have died in its germ1 civilization would have been a dead letter1 and man would have been unable to fulfil his destiny4 ,thus far1 then1 there was not1 nor could be in principle1 any question of exclusive right of invention4 ,this right was only thought of when all notions of social right had been obscured by laws which1 like that of ,henry ,,ii41 declared that the right of labour belonged to the ,crown1 and when there had grown up the idea of licensing labour and granting exclusive privileges for its exercise4 ,the institution of the pretended property in inventions was a retaliation against the suppression of the abusive right of masterships and corporations4 ,,ii4 ,doubtless invention1 as ,m4 le ,hardy de ,beaulieu remarks1 consists in the discovery of a new scientific principle2 but we cannot admit1 with the learned ,professor1 that the new application of a principle already known1 that the discovery of a natural agent hitherto unknown1 or of new properties or other modes of action of natural agents1 or of materials previously discovered1 are inventions4 ,it is probable that coal was known long before any one thought of putting it in a stove to be used as fuel4 ,it is certain that stone was known long before any one thought of employing it in the construction of walls4 ,to pretend that the discovery of the combustible quality of coal1 or of the use to which stone might be put1 gave a right to the discoverer to exact from his neighbours the payment of a royalty before employing this fuel1 or this material for construction1 is also to grant that he who1 centuries before1 had thought of burning wood to warm himself1 or of seeking the shelter of a cave1 ought also to be recompensed for the trouble he had in discovering1 appropriating1 and working out either this source of heat or this means of shelter4 ,invention1 we acknowledge1 consists in the discovery of a new scientific principle2 it can often place1 as ,m4 le ,hardy de ,beaulieu says1 new gratuitous forces at the disposal of the community2 but does it follow that the inventor has an exclusive right in the property of this discovery8 ,we think not4 ,the inventor of the compass1 whoever he was1 has rendered an immense service to the community2 but could his invention be claimed as private property8 ,does it not1 on the contrary1 enter with perfect justice into the public domain8 ,napier1 the discoverer of logarithms1 has rendered the most signal service to calculators and navigators2 but can his invention1 the knowledge of which may1 either orally or by the printing-press1 be extended indefinitely--which any one may use privately1 in the quiet of the study--be put upon the same footing as landed property1 which a single man may cultivate--as house property1 which may belong to one or several1 and which cannot be seized upon without its being observed1 and to the great scandal of all8 ,evidently not4 ,and if the law has never tried to appropriate inventions of this class1 it is because there must be something tangible1 limited1 and final1 giving the power to regulate its employment or possession4 ,it is not correct to say1 besides1 that the inventor does not deprive the community of any portion of the common property which it possessed before the invention4 ,before the invention the thing discovered existed in embryo--in nature4 ,this germ was multiple2 it existed as frequently as there were men2 and the inventor pretends1 by the property in it which he claims1 to deny it to all others and to hinder its germination4 ,the right of the inventor is limited to that of working out his idea2 it is identical with that of a man who has discovered and cleared a field2 but it is not1 like his1 exclusive4 ,he who invents and he who clears can possess their property as long as they like and as they like2 but there is this difference between the field and the invention3 the first can be cultivated only by one without doing an injury to the proprietor1 while the invention may be used by several without hindering1 diminishing1 or suppressing the working of it by the inventor4 ,i have cleared a field1 and cultivate it2 if one of my neighbours desires also to cultivate the same field1 he hinders me from exercising my right--he interferes with my working--he dispossesses me4 ,i have discovered the combustible nature of coal3 in what way does my neighbour1 who cooks his food on a coal fire1 hinder me from exercising my right1 or interfere with the working of my faculties8 of what does he dispossess me8 ,,iii4 ,we have not1 as we think1 to take into consideration more or less the difficulties of inventors2 we have not to inquire if every invention requires a more than ordinary degree of intelligence1 special knowledge1 great perseverance1 c4 ,there is a multitude of occupations in life which require all these qualities1 but no one has ever pretended that on account of these qualities1 probable sources of success for them1 they had a right to any favours1 immunities1 or privileges4 ,the inventor of a useful discovery has quite as much1 or more1 chance of making a fortune as the manufacturer who confines himself to the beaten tracks1 and only employs the known methods2 this last has had quite as much risk of being ruined as any searcher after discovery4 ,we believe that they are on an equality as to position2 for if the inventor may be ruined in not finding what he seeks1 the manufacturer may see all his looms or his machines rendered useless1 all his outlets closed1 by the introduction of a cheaper means of production4 ,why make a golden bridge for him who enters the arena with arms more subtle and more finely tempered than those of his adversary8 ,notice that the manufacturer also renders a service to the community--no doubt in seeking his own profit2 but is it not so with the inventor8 ,why then demand a reward for the one which is not asked for the other8 ,the manufacturer who1 in using the old looms1 manages his factory so as to reduce his prices by #aj or #bj per cent41 and who in consequence can furnish stockings 7supposing him to be a stocking manufacturer7 to a number of those who were not rich enough to buy them at the old prices1 undoubtedly does a service to the community equal to that which it would receive from the invention of a machine which would make the stockings #aj or #bj per cent4 cheaper4 ,the farmer who by superior ploughing1 more skilful manuring1 or more careful weeding1 increases the yield from two to three quarters per acre--does not he also render a signal service to the community8 ,the sailor1 who finds the means of shortening voyages by utilising certain currents or winds1 in modifying the spread of his sails1 c4--does not he increase the gratuitous natural forces placed at the disposal of the community8 ,why1 then1 if there is question of rewarding this class of services1 should they not ask for privileges1 favours1 and exclusive rights8 ,why not go so far as forbid any one to arrange his factory on the plan of the manufacturers of whom we have been speaking8 ,why not forbid any farmer to weed1 plough1 or manure1 like his neighbour2 or any sailor to follow the track of the first1 without paying to those who gave the example a previous and perpetual royalty8 ,,iv4 8,the property of an invention having required for its creation the same labour as that of the soil1 and this work offering less chance of success and results of probable less duration1 it is as legitimate at least as landed property10 says ,m4 le ,hardy de ,beaulieu2 8and there is no argument against it which may not be applied with equal force to the individual and permanent occupation of the soil40 ,the soil1 to render all the productions that the community has a right to expect from it1 ought to become and remain a personal individual property4 ,invention1 on the other hand1 cannot give all the results that society can draw from it1 unless it be public property4 ,herein lies the immense and irreconcilable difference between property in land and that of invention4 ,besides1 land cannot become unfertile1 unproductive1 or lose all its value as property1 except by some convulsion of nature which would deeply unsettle it4 ,an invention1 on the contrary1 may become quite valueless in ten years1 one year1 a fortnight even1 after being discovered1 and that by the superiority of a subsequent invention4 ,what becomes1 then1 of the property of this invention8 ,what is its worth8 ,has the inventor a right to damages8 ,if you construct near my field a factory from which escape noxious vapours1 hurtful to vegetation1 and if ,i can show that you have deteriorated or destroyed my crops1 you1 according to the laws of every civilised nation1 owe me damages2 would you claim damages of the inventor1 whose discovery had rendered that of one of his predecessors partially or completely unproductive8 ,if property in invention is equal to property in the soil1 damages are incontestably due4 ,we do not think that a single advocate for this class of property has1 however1 dared to carry his logic thus far4 ,the proprietor of a field may leave it uncultivated1 the proprietor of a house may leave it shut up as long as he likes2 no law obliges to put in a tenant1 or to open it for lodgers4 ,the laws of all countries contain1 with slight modifications1 the following clause1 quoted from ,art4 #cb of the ,law of #ahdd3--8,will be deprived of all his rights 444 the patentee who shall not have commenced the working of his discovery or invention in ,france within two years1 dating from the day of the signature of the ,patent1 or who shall have ceased working it during two consecutive years1 unless that1 in one or other case1 he can satisfactorily explain the causes of his inaction40 ,it would be very easy for us to cite other differences in the nature of these two classes of property2 we shall only refer to one more1 which points out how solid is the property in land1 and how uncertain and ephemeral the so-called property of invention4 ,land1 considered as property1 increases in value from day to day2 there is no invention whose value does not diminish daily4 ,m4 le ,hardy de ,beaulieu further adds1 that 8the inventor1 in taking exclusive possession of his idea1 harms no one1 since he leaves all which previously existed in the same condition in which he found it1 without in any way lessening the social capital on which he drew40 ,we should require1 however1 to come to an understanding as to what may be called the social capital2 for if the exclusive property of invention had existed from the germination of the idea which led to the construction of the first hut to the making of the earliest weapons1 tools1 and furniture1 it is difficult to know where we should find it4 ,by putting property in invention on the same footing as property in the soil1 all that man uses or consumes would belong to the descendants of the first inventors1 and every one would require to pay a sort of rent for its use4 ,the inventor of the wheelbarrow would have to pay a royalty to the inventor of wheels1 and the maker of the plainest pump would pay an annual rent to the inventor of the lever or piston2 there would not1 there could not1 be any social capital4 ,but it is wrong to say that the exclusive possession of an idea hurts no one1 because it leaves what previously existed in the same condition4 ,i1 or my neighbour1 might put together ideas to form the basis of an invention2 this faculty of combination belongs to each of us2 with exclusive possession it belongs only to one4 ,it cannot be said1 then1 that no one is hurt1 and that everything remains in the same position4 ,after having said that the property of invention is in every respect similar to property in the soil1 ,m4 le ,hardy de ,beaulieu places1 nevertheless1 boundaries to the extent and duration of the first4 ,he says3 8,it is not meant precisely that property in an invention ought to extend over the globe1 nor that its duration should have no limit in time2 all property1 in fact1 is bounded by the cost of preservation1 maintenance1 and working1 which it requires1 already1 long before the limit of space or time when the produce of the property no longer covers the expense1 the proprietor does not require to defend it against seizure1 and from that time it becomes public property40 ,it follows that property of invention is not identical with property in land or other material objects4 ,a diamond which belongs to me in any corner of the globe1 the cotton stuffs which ,i have sent to ,bombay or ,sagor1 are still my property until ,i have voluntarily ceded them4 ,my descendants1 or those of some rightful owner1 will cultivate in four or five hundred years or more the field which ,i may now possess4 ,there is no limit of time nor of space for real property2 it remains for ever4 ,v4 ,the whole history of humanity protests against this assertion of ,m4 le ,hardy de ,beaulieu1 that inventions 8being realisable only on the condition of a just remuneration1 sufficient for the exceptional work which they require1 and of a compensation in proportion to the risks they cause1 property in them1 which alone can assure this remuneration and this compensation1 is necessary40 ,let us remark1 first1 that by a just and sufficient remuneration he probably means a special1 exceptional1 and exclusive one4 ,we will now ask it to be observed that man's most indispensable and useful tools were invented1 and were everywhere in daily use1 many years or centuries before there was any question of property of invention4 ,we shall only cite the hammer1 the file1 the saw1 the screw1 the pincers1 the plough1 spades1 needles1 c4 ,did any of the inventors of these tools take out a ,patent8 ,did he who first put a shoe on a horse claim a property in the idea8 ,all the great inventions1 with the exception of a few of the most modern1 and for which it was not possible to take a ,patent1 date from the earliest times4 ,who1 then1 invented the art of smelting the ores of iron1 copper1 lead1 and tin8 of making malleable iron and steel8 ,when did man first invent the manufacture of glass1 of pottery1 porcelain1 paper1 ink1 boats1 and carriages8 ,railways existed in a rudimentary state in the coal mines of ,northumberland and ,durham long before ,patents were dreamed of4 ,printing and gunpowder appeared in the world without the guarantee of ,patents2 so also with the tanning of hides1 the spinning of thread1 weaving1 dyeing1 printing1 c4 ,the electric telegraph is the result of a series of studies1 and of the social capital of knowledge which these studies1 and others foreign to the object as it were1 have formed4 ,patents or rewards which have since been granted only concern modifications1 more or less ingenious1 of the original principle4 ,for what are inventors now doing8 ,without seeking in any way to detract from the merit of their labours1 we may boldly assert that they modify in a profitable and economical way the older processes2 instead of welding iron1 they roll it2 instead of the cold1 they use the hot blast1 in smelting4 ,to the tanning of hides they add currying1 shamming1 graining1 polishing1 c4 ,are these services which cannot be sufficiently rewarded in the free working of the idea8 ,are they services which exceed by a hundred cubits those rendered by great manufacturers1 large capitalists1 intrepid seamen1 or profound thinkers8 ,and if1 carrying out the argument of ,m4 le ,hardy de ,beaulieu1 we should say1 credit being necessary to the progress of the community1 and being realisable only on condition of a just and ample remuneration for the exceptional labour which it requires1 and of a recompense proportionate with the risks incurred1 the community ought to grant to the bankers exceptional rewards1 or assure to them a special and perpetual privilege1--should we not be going on the premisses of the learned ,belgian ,professor8 ,no doubt that branch of credit1 the issue of notes1 is at present allowed in many countries to the great privileged banks2 but may not the same arguments apply to discount1 the receiving of deposits1 quite as well as to the issue of notes8 ,,vi4 ,to admit1 with ,m4 le ,hardy de ,beaulieu1 8that the rights of inventors are useful even to non-inventors10 we must allow that the progress of invention would be stopped if the privileges guaranteed by ,patents were withdrawn4 ,now1 we have already said that all human history up to a very recent period demonstrates the weakness of the assertion4 ,man has invented from the time he began to think and compare1 and he will continue to invent while he exists on this planet4 ,invention is nothing else than thought4 ,if1 as ,m4 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 worth1 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 it4 ,this fear would only be justified in the event of his being deprived by law of the right of using his own discovery4 ,now1 this right remains intact2 only it is not exclusive4 ,if the inventor saves labour or outlay1 the inventor will profit by this saving1 like his neighbours2 he will profit by it before his neighbours2 he will profit by it exclusively so long as he can keep his secret1 and while his opponents are establishing rival works on the same principle4 ,m4 le ,hardy de ,beaulieu tells us that the inventor can never take advantage of his property to hold an unjust and injurious monopoly4 ,we will quote one example of a thousand from ,m4 ,louis ,reybaud's excellent work on wool4 ,speaking of the wool-carding machines1 the learned ,academician thus writes3 8,there may be cited twenty names engaged in these discoveries1 incomplete as a whole1 almost all fortunate in some detail4 ,what is incomplete is laid aside1 what is fortunate is so much gain2 the new comers discriminate and choose4 ,after a period of twenty years there are only three processes in use--those of ,leister1 ,hellsmann1 and ,hubner2 of analogous merit1 and each having its partisans4 ,will they strive one with another8 ,no1 they compromised4 ,m4 ,holden gets the assignment1 and also acquires1 either by purchase or by judicial decisions1 the rights of ,donisthorpe1 ,noble1 and ,croft4 ,messrs4 ,schlumberger and ,co41 the assignees of ,heilman1 retain only the manufacture of certain machines4 ,we may imagine the wealth of a business established on so many purchases and decisions4 ,m4 ,holden has added inventions of his own1 and he may be considered the master of wool-carding until his ,patents expire4 ,nothing is more interesting than the answers he gave on this subject before the ,commission on the ,commercial ,treaties4 ,on his own avowal he is proprietor of #de ,patents1 #bh taken by himself1 and #ag purchased from others4 ,in these #de are good1 middling1 and bad4 ,he works them all in obedience to the law and to guard against lapses4 ,in the bad1 as well as the good1 there is an idea to defend and a chance of upsetting2 he fears that in abandoning them they might be used against him2 for one machine in constant use there are forty-four which make a pretence of working2 he does not hide it--it is his interest to hinder1 as much as to work4 ,what would it be if1 as it is demanded1 property in invention1 put on the same footing with property in the land1 were perpetual8 ,by the present system it may be the interest of one man to fetter improvement1 and1 having acquired the mastery of it1 to mortally wound it wherever it appears6 ,is this not already too much the case8 ,must we1 then1 repeat what reason and experience teach us1 that unjust exactions cannot be made under a system of open competition1 but always spring up under the shelter of privilege8 ,,vii4 ,the eminent ,professor of the 8,muse de l',industrie ,belge0 makes a just and well-founded criticism on the diverse laws of different countries relating to ,patents4 ,usually law-makers do not appear so perplexed1 nor contradict themselves so frankly2 this is because1 when we forget what is right1 when we leave principles to make a legal caprice1 we sail over unknown seas1 where no lighthouse guides us1 nor compass shows us the right direction4 ,he attributes to the defective state of these laws 8the almost unanimous censure displayed either against the legislation or against property in inventions40 ,would it not be more reasonable to acknowledge that if the learned law-makers of the numerous countries in which the principle of property in inventions has been adopted have not been able to frame laws capable of protecting the rights of pretended proprietors conjointly with those of individuals and society at large1 it is because the principle is radically wrong1 and contrary to the general interests of mankind8 ,the law-giver finds an obstacle at every side in legitimate scruples2 he fears to give too much1 and he fears to take too much4 ,at present the censure is almost unanimous1 it is acknowledged4 ,let us suppose that property in invention were abolished1 and what complaints would result from the abolition8 ,few or none4 ,when the inventor knew that1 placed on the same level as all other workers1 he must only rely on his intelligence1 his capital1 his time1 and his right arm he would leave off claiming a privilege and complaining of the insufficiency of his rewards4 ,at present the inventor says to the ,state3 8,i have found out a great thing1 but ,i require your protection2 you must place at my disposal your agents and your law-courts2 the first shall enter the homes of my fellow-citizens1 shall search their drawers1 examine their books and papers1 in my interest4 ,by the second1 their cause being lost1 shall be condemned to ruin and misery4 ,i am about to bring ruin on such and such manufacturers1 to condemn a crowd of work-people to idleness2 but you must grant me a privilege which will place me beyond the reach of all opposition1 and allow me to make a fortune1 quietly and without much chance of a failure40 ,what difference do the champions of ,patents find between this language and that which was held by the ,protectionists8 ,they also required ,custom-house officers1 and law-courts always open1 to punish the smuggler2 they further required the ruin of those who traded with distant countries1 and the continual inactivity of our mercantile marine and sea-board population4 ,,viii4 ,the honourable ,belgian economist next combats the opinion of those who1 struck by the numerous and weighty inconveniences presented by the ,patent-,laws1 and their extreme diversitude in every country1 have imagined a remedy in the expropriation of invention for the public good4 ,we shall be far from attaining our object if the reader has not already understood that1 renouncing all idea of property as applied to manufacture1 we shall not discuss this phase of the question4 ,we will say1 however1 that we must protest with all our might against the following principle1 expressed by ,m4 le ,hardy de ,beaulieu3 8,neither can we admit10 says he 8the justice of expropriation for the public good so far as it concerns property in inventions any more than in real property4 ,here also10 he adds1 8the right of one ought to prevail over the interest of the greater number40 ,it is no doubt intentionally that the word interest in this phrase is put in opposition to the word 8right40 ,but would it not be more correct to say1 the right of the community ought to prevail over the interest of the individual4 ,individual right in property is certainly worthy of respect1 and cannot be called in question2 but to our thinking1 the right of the community precedes and is superior to it4 ,a part cannot be greater than the whole2 no one can place his right above that of mankind1 and the individual cannot oppose his will1 good or bad1 on the whole community4 ,we belong to no learned corporation--a simple volunteer in the army of economist disputants--and have no other banner than that of the truth2 but we cannot refrain from saying one word in defence of those whom the learned ,belgian speaks of among many others in these terms3 8,the judgment of the ,academy of ,sciences on the steamboat invented by ,fulton may help to form an estimate of the contradiction which experience sometimes inflicts on the best-intentioned verdict of a committee of savants40 ,we assert as a fact that if the steamboat presented to the ,academy of ,sciences by ,fulton were now submitted to the judgment of a committee of machine builders1 they would declare unanimously that the boat could not navigate4 ,we wish in no way to seek to depreciate the acknowledgments which mankind owes to ,fulton2 but his invention1 as all are at starting1 was only a sketch1 which required half a century of labour to perfect and to make as practical as it now is4 ,here there is room for an observation which must be noted4 ,the advocates for the principle of property in inventions fall into ecstacies before a transatlantic steamer1 and exclaim1 8,behold1 what a crying injustice6 what deplorable ingratitude6 ,society has denied the rights of the inventor to this wonder of the sea6 ,he died in poverty1 or nearly so40 ,others go further back1 and attribute to ,solomon de ,caux1 or to ,papin1 all the honour2 they forget that between ,papin1 or ,solomon de ,caux and ,fulton1 a crowd of men of genius brought their contributions of knowledge1 experiment1 and work of every kind2 and that between ,fulton and the makers of our day there are so many inventors1 so many explorers1 fortunate or unfortunate1 ridiculous or serious1 whose attempts or applications have helped to perfect the steam-engine1 that it may truly be said that every one has had a hand in it4 ,it is the same with the railway1 the electric telegraph1 and the different machines for spinning1 carding1 weaving1 c4 ,,ix4 ,to pretend1 as does the defender of the principle of property in inventions1 in the ninth paragraph of his work1 that the sudden and inconsiderate introduction of a new invention may cause a sensible injury to existing manufacturers1 and that it is consequently advisable to maintain the system of ,patents1 which during a certain time limits their use and hinders production1 to prevent the lowering of prices immediately at least2 so to pretend is to renew the plea of the protected manufacturers1 who demanded that the greatest precautions should be taken to facilitate the transition from ,protection to ,free-trade4 ,but we do not see clearly what benefit there can be to the community at large in delaying the advantages to be derived from an invention4 ,the misunderstood interests of certain manufacturers may appear to require this delay1 but common sense tells us that manufacturers and consumers have every interest in immediately adopting every invention which saves labour1 capital1 and time4 ,if we look back1 we will see that a delay of this kind would have retarded for an indefinite period the discoveries of ,columbus in order to avoid a sensible injury to the monopoly which ,venice had acquired in ,eastern commerce4 ,we maintain1 as indeed experience proves1 that however innovating inventions may be1 displacement of labour occurs gradually4 ,we will only cite1 in support of this assertion1 the well-known instance of the substitution of printing for manuscript copying4 ,it may be answered that the substitution of mechanical spinning and weaving for hand-work caused great suffering4 ,we answer1 that you should blame the system of ,patents1 which1 raising inordinately the cost of the machines1 must have restricted labour1 although they lowered the price of the product4 ,if there had been no royalty to pay to the inventor1 the number of the machines would have rapidly increased1 and a greater number of workmen would at once have found employment similar to that to which they had been accustomed4 ,how many enterprising and intelligent speculators would most eagerly have availed themselves of these new outlets for their activity1 if the course had been cleared of all these obstructions which the law has arbitrarily established4 ,at the risk of being considered by the honourable ,professor grossly ignorant of the laws of political economy1 we do not believe that monopolies will always exist1 as he ventures to affirm4 ,we know that there always will be intellectual superiority1 unrivalled artistic ability1 or special natural advantages2 but these do not constitute monopolies1 in the proper acceptation of the term2 and the object we shall not cease to strive for is that no others shall exist4 ,x4 ,it is beyond our province to consider the inquiries of ,m4 le ,hardy de ,beaulieu as to the best plan of securing to inventors exclusive right in their discoveries4 ,to take up this question is to undertake the discovery of the philosopher's stone1 or the squaring of the circle2 several generations have vainly grappled with it1 and the different attempts made without satisfactory results in almost every country prove this conclusively4 ,but the honourable ,professor seems to calculate on the improvement of public morals1 in order to reach the point where every attempt against the property of the inventor shall be considered as guilty as robbery1 or as any injury done to property existing in material shape4 ,under the uncompromising ,protective system also it was attempted to improve the morals of the public1 who would not see the equal guilt of the smuggler and the robber1 and always loudly protested when repression was enforced by bloodshed4 ,no reform of public morals will change the nature of these acts2 they will always be received as the appeal of right against abuse2 and we would deeply pity the country where it would be sufficient to say such is the law1 and where no conscience might protest against it4 ,,xi4 8,discovery1 the appropriation and creation of outlets1 is too complicated a work10 says ,m4 le ,hardy de ,beaulieu1 8for the inventor singly1 and especially without the aid of capital1 to undertake with sufficient chance of success40 ,here again we believe the learned economist is in error2 he seems to imagine one inventor arriving at perfection either at a jump1 or after many attempts--one inventor giving us at once our ocean steamer1 or a spinning-mill with a hundred thousand spindles6 ,inventions go more slowly2 when they spring from the brain of the thinker1 they are only sketches1 and no man in his senses will risk a large capital before making many trials1 and that only on a small scale4 ,we do not believe there has been a single invention which1 after numerous trials1 has not been modified1 improved1 and perfected4 ,and how many have at last been thrown into oblivion1 from which they will never be recalled8 ,also1 when we see the defenders of property in invention draw a sad picture of the piercing miseries which inventors of these last have had to endure1 we are always tempted to ask them to show us the pitiful account of ruin caused among those who placed faith in their promises and delusions4 ,every medal has its reverse1 and if more than one real inventor has been misunderstood1 many of the too-confident have been victims of the mad and inapplicable ideas of inventors who imagined themselves men of genius4 ,is the law1 which seems to promise an ,eldorado to all inventors1 to blame for these losses1 for these undeserved sufferings8 ,bernard de ,palissy's saying1 8,poverty hinders the success of the clever man10 is often quoted4 ,but this saying will always be true1 whatever the law may be4 ,can we admit that if perpetual property of invention had existed in his time1 ,bernard would more easily have found the money which he required8 ,the success of an invention is secured by the services it can render being easily understood1 immediate1 and speedily realisable4 ,the capitalist1 in dealing with hazardous undertakings--and inventors' undertakings 8are always hazardous0--does not calculate on perpetuity4 ,he works for immediate and large profits2 he is in a hurry to realise1 because he knows that some other invention may dispossess him of all his advantages4 ,little does he care1 therefore1 about the perpetuity4 ,,xii4 ,in his twelfth and last paragraph the learned ,professor answers several minor objections to the system of property in inventions--objections which seem to us not to carry great weight4 ,however1 in answer to the objection taken from the case of two applications for similar ,patents1 made at intervals of a few minutes only1 the eminent economist says that this case occurs only at rare intervals1 and making light of the rights of the slower1 affirms that it is not worth considering4 ,does not this denial of a right on account of its infrequency1 however1 seem to show how arbitrary and artificial is the constituting of property in invention8 ,we are among those who believe in the harmony of all economic relations1 of all legitimate interests2 and when we see the right of one sacrificed to false exigencies1 we mistrust the exigencies4 ,we believe them unjust and contrary to the principles of equity1 which forms the basis of all economic science4 ,we should wish to have seen ,m4 le ,hardy de ,beaulieu more logical in his deductions1 claiming1 as he has done1 for real property la proprit foncire that the right of one ought to prevail over the interest of the greater number1 and give a chance of obtaining an indemnity1 if he could not be assured of a part of the property ,donner ouverture a l'obtention d'une indemnit si l'on ne pouvait lui assurer une part de proprit4 ,but we repeat1 these questions of the arrangement organization of property1 which we do not acknowledge1 are beyond our province1 and if we accidentally touch upon them1 it is only to show how little the foundations of this right are similar to those on which rests the principle of material property4 ,in recapitulation1 we reject property in inventions and the advantages claimed for it1 because it seems to us that all this scaffolding of legal prescription and ,government protection only results in throwing out of their natural course a crowd of workmen who would become more useful to society and to themselves in ceasing to pursue chimeras4 ,we reject the proposed assimilation of this property to that of the soil1 because the privilege sought to be created cannot fail to hinder and lessen the right of each member of the body politic4 ,we reject this privilege because nothing justifies it2 the services rendered to society by inventors being nowise different in their nature from those daily conferred by skilful manufacturers1 intelligent agriculturists1 savants1 navigators1 c4 ,finally1 we reject it because history attests that great discoveries were made before there was any conception of such property1 and that it could hardly be in operation at this day1 except with regard to modifications1 or1 if you will1 improvements perfectionnements1 which do not merit this abstraction from the common right4 ,,additional ,,chapters 7,,from ,,the ,,may ,,number ,,of ,,the ,,journal ,,des ,,economistes74 ,the question of granting or denying a property in inventions is of such importance that the discussion raised by the honourable ,belgian ,professor1 ,m4 le ,hardy de ,beaulieu1 ought not to be allowed to drop1 and that we should try to renew it4 ,we believe it to be of importance for the future of manufactures and of progress1 and most especially to the security of real property1 that whatever is doubtful and disputed in this question be deeply studied1 and that all should be agreed as to what property is1 and if this title ought to be applied to all or any of the inventions which daily start up4 ,m4 le ,hardy de ,beaulieu pretends that one of the most frequent errors of those whose enlightenment ought most to guard them against it is to believe that property being inherent in matter1 is1 like it1 imperishable1 and that property in land especially is as durable as the land itself4 ,he adds that we should beware of it1 because this error lays open landed property without defence to the attacks of communists and socialists1 who1 sliding down the incline of irresistible logic1 are fatally led to declare all property illegitimate1 to whatever purpose it is applied4 ,here1 it seems to us1 is a misunderstanding which may be easily explained4 ,we do not believe that property is inherent in matter1 any more than we believe that value is confined to any given substance4 ,we believe that property is the result1 the consequence1 of human labour which has been incorporated in matter4 ,as long as value conferred on land by labour endures1 so long the property has a raison d'tre1 and cannot be contested4 ,it is labour which has allowed the utilisation of the productive faculty of the soil1 and productive faculty remains1 like the property1 as long as labour is bestowed in preserving1 improving1 and increasing it4 ,m4 le ,hardy de ,beaulieu adds that he could cite numerous examples of lands abandoned or sold at a nominal price by their owners1 either because they had exhausted and rendered them unproductive by an unintelligent culture1 or because they had not been able to withstand the competition of more fertile soils1 recently brought into cultivation or brought nearer the common centre of consumption by a considerable reduction in the expense of transport4 ,we do not contest this fact1 of which the exactness may be verified any day in the increase or diminution of the value of property induced by the various changes brought about either in the grouping of the population1 in the modes of culture1 or in the means of transport4 ,there are1 however1 few lands completely abandoned2 to find examples1 we should probably have to go back to those fatal times when by force of conquest proprietors were removed or all their means of culture and production were suddenly seized4 ,but we do not see how this can help the argument of ,m4 le ,hardy de ,beaulieu4 ,it has small relation1 it seems to us1 to the question of property in inventions1 that--perpetual by law1 as long as labour continues and renews it--landed property should sometimes come to an end by occurrences or violence such as we have been speaking of4 ,however1 to state all our thoughts on the subject of landed property1 we must confess 7and here may be seen in all its clearness the radical difference between placing under culture1 or cropping land1 and working an idea71 the vindication of property is found in the fact that land can only be cultivated by one at a time1 must be subject to one will1 and under one direction4 ,it would be to my injury and the injury of the entire community that ,peter should be allowed to plant potatoes in the field where ,paul has already sowed wheat1 or that ,james should open a quarry where ,john has built a house1 and so on4 ,as we have already said1 the power of the lever1 the laws of gravity1 those of the expansion of steam1 the attraction of the magnet1 the caloric of coal1 the facility of traction imparted by the wheel1 the optical properties of glass1 c41 may be utilised to the great profit of all1 in a thousand different ways1 by a thousand individuals at once1 without the efforts of any one being diminished1 hindered1 obstructed1 or lessened1 as to their useful result1 except by the beneficent laws of competition4 8,the first cause of property10 says ,m4 ,matthieu ,walkoff1#d 8is the impossibility of matter being moved in more than one direction at one time1 or1 to state it otherwise1 of its being subject at one time to more than one will40 8,if matter10 says this eminent economist1 8were gifted with ubiquity1 like ideas1 knowledge1 or truth1 which several may use simultaneously1 and each in his own way1 property would never have been constituted2 and it is even difficult to imagine how any idea on this phenomenon could have arisen in men's minds40 8,in fact10 he adds1 8to preserve property in an idea would have required that it should never have been expressed nor practised1 to hinder it1 being divulged1 which would have been equivalent to its non-existence40 ,we do not go so far as ,m4 ,walkoff2 we do not affirm that the impossibility of matter being subject at one time to more than one will is the first cause of property2 but we say it is the distinctive character of property1 and1 like him1 we cannot see a subject1 for property is a shape1 plan1 or system1 which1 to see once1 as in a spade1 the wheel1 the corkscrew1 is to possess an indelible idea4 ,besides1 the author whom we have quoted expresses so clearly our opinion on this subject1 that we must further borrow from him the following quotation1 which will not be uncalled for at a time when property itself is threatened4 ,it is of importance that the lawful bounds should be carefully marked3-- 8,economists have too much neglected the first cause of the perpetual subjection of matter to exclusive property4 ,they made property to be derived only from a man's original possession2 from himself and his acts2 that which leads to possession of the result of his activity4 ,but this reasoning only establishes the indisputable right of the appropriation of that which he appropriates or produces2 it does not explain why exclusive property in material things is permanent1 and does not show how the very nature of things renders this possession inevitable4 ,it is to the incomplete understanding of the causes of property that is probably attributable the contradictions of those economists who1 while professing the doctrine of free labour1 are still in favour of the establishment of artificial barriers against the free use by every one of ideas1 skill1 progress1 and other products of the mind1 conceived and suggested1 or realised1 by any one40 ,let us remark here that in fact the manufacturing community1 more liberal in practice than the economists in theory1 are eager freely to submit to inspection at exhibitions the processes in use at their different factories4 8,to require that an idea be subject to only one will10 continues ,m4 ,walkoff1 8is to require no less an impossibility than to pretend that a material point can obey more than one will--that is to say1 that it can be moved in more than one direction at once4 ,it is true that it is not proposed to hinder ideas from being developed2 it is desired simply to convert their reproduction or their material realisation into an indefinitely prolonged monopoly4 ,but1 in order completely to succeed in anything1 it is necessary that the object aimed at be in conformity with the nature of things4 ,now1 is it not placing oneself in opposition to everything which is most natural1 this denying to every one the use of an idea8 ,and even where this interdict is most successful1 we soon find1 in a manner most unassailable by the law1 works copied from those to which the law has guaranteed a monopoly4 ,the effect of the interdict is here1 as in all regulations contrary to the nature of things1 essentially demoralising2 it begets fraud1 entices to it1 even forces to it1 in making it useful and often even indispensable4 ,forbid men1 as was once supposed by the witty author of the #8,sophismes ,economiques1' the use of the right hand1 after a few hours1 there would not remain1 in the eye of the law1 a single honest man4 ,it may be boldly affirmed that such a law would be immoral1 and all those which recklessly contradict the natural order of things are incontestably such40 ,in fact1 we repeat1 the field which ,i turned into a garden may not be used by my neighbour as a pasture-land for his cattle2 where ,i have planted a vine another may not plant colza or beet-root2 but the steam-engine which ,i have invented1 or the electric power which ,i have discovered1 may be applied to the grinding of corn1 or the spinning of cotton1 or to the extraction of iron1 or to the draining of a marsh1 or to traction by land or sea1 without the productive force being neutralised1 wasted1 or lost1 like the application of the productive force of the soil to different purposes4 ,not only do the various applications of the idea not hinder the inventor in the employment which he may make of it1 but if the application made by others is exactly the same as his1 he is only subjected to the universal law of competition--a law of progress1 if ever there was one4 #d ,precis d',economic ,politique ,rationale1 page #dd2 ,paris1 #ahfh4 ,,ii4 ,the ,hon4 ,m4 le ,hardy de ,beaulieu asks1 8,why the effort which consists in rendering productive some natural agent in which this quality was not formerly recognised1 should not entitle to a recompense of property in the value given to the natural agent in rendering it productive1 in the same way that labour bestowed on barren land to render it productive1 to the profit of all1 makes him proprietor of that portion of land who performed this labour80 ,here is our answer3 ,he who renders productive some natural agent has an incontestable property in that agent which he has rendered productive1 but not in all similar or identical agents in nature2 he who converts a certain quantity of water into steam1 to obtain a motive force1 is incontestably proprietor of the water he employs and of the steam1 as well as of the force which he obtains1 but the remainder of the water1 and of the steam which may be produced from it1 and the force which may be derived from it1 remain the common property of mankind2 that is to say1 each should have it in his power to employ an unlimited quantity of water to obtain the same results4 ,the man who first broke up and sowed a field never could have claimed as property all the ground in the world2 he only retained for himself1 and that reasonably and justly1 the portion which he had reclaimed and rendered fertile by his labour4 ,we may add that he who renders productive some natural agent avails himself in this work of all the acquired knowledge and all the work previously done1 and he would unduly monopolise it if the community recognised his exclusive right to it4 ,it is said that ,pascal invented the wheelbarrow2 did he not borrow from the social capital both the wheel and the axle1 and the two arms1 not to speak of the species of box which forms with the other parts the whole wheelbarrow8 ,our learned opponent maintains 8the perfect identity between the labour of discovery1 and of the putting the soil in culture1 and of this same labour applied to other natural agents which did not exist in indefinite quantity2 and he makes the deduction1 having the same result1 that inventors placing at the disposal of mankind new quantities of gratuitous utility1 not hitherto available1 deserve the same reward--property in the natural agent1 or portion of this agent1 whose gratuitous services have been acquired by mankind40 ,we must allow that we do not know of any natural agent of which the quantity is not indefinite1 excepting only the earth2 but steam1 wind1 light1 electricity1 magnetism1 the force of attraction1 that of weight1 the affinity of particles1 their divisibility1 their different properties1 may be employed in whatsoever quantities1 and still there would be no perceptible diminution or restraint in the use of them to any one4 ,the only possible restraint is that which comes from the unreflecting action of the law1 from artificial hindrances and obstacles which may be made law4 ,we believe1 with ,bastiat1 that the greatest service that could be conferred on mankind would be to remove the obstacles which stand between his efforts and the supply of his wants4 ,how does ,m4 le ,hardy de ,beaulieu not see that no one has the right to make burdensome that which is naturally gratuitous1 and that it is just to exact that no one should appropriate any part of what constitutes common property8 ,that learned ,professor of the ,brussels ,museum tells us the inventor has a right to say to the manufacturer1 8,find out my process for yourself if you can1 search for it as ,i have done2 but if you wish to spare yourself this labour1 and avoid the risk of spending it in vain1 consent to yield me a part of the expenses which ,i save you in simplifying your appliances40 ,and he asks us if we find this demand unjust or unreasonable4 ,not only do we find this demand just and reasonable1 but we maintain that it is the only one we can recognise4 ,but ,m4 le ,hardy de ,beaulieu forgets that1 according to the ,patent-,laws1 things are not thus arranged4 ,the inventor1 with the law in his hand1 and the law courts to support him1 says to the manufacturer1 8,it is forbidden to you to search and to find2 or if you search and find1 you are forbidden to use the power or the agent when you have found it3 the process which ,i have invented is my property1 and no one has the right to use it1 even if his researches1 his labour1 enable him to discover it2 even if he had commenced the search before me1 all his labour is lost4 ,i alone am proprietor of this agent1 power1 or process40 ,if this system be right1 he who first rendered productive the most indispensable natural agent could have confiscated the whole world to his profit4 ,,iii4 ,m4 le ,hardy de ,beaulieu acknowledges that the savage who first thought of substituting a hut1 as a habitation1 for the cave1 has not the right to forbid the construction of others like it4 ,this concession is as important as the preceding1 and we shall probably end in agreeing4 ,we must now inquire where may be found the exact limit between inventions of which imitation is allowed1 and those in which it is forbidden4 ,the man who first made a canoe from the trunk of a tree1 either naturally hollow or artificially by fire1 or otherwise1--may he forbid his neighbours to make one like it8 ,if he may1 where1 then1 is the difference between the hut and the boat8 ,if not1 what is the reason for this prevention8 ,from the boat we might gradually go on1 up to the latest ,patent1 by invisible transitions2 and we have still to find the exact point at which ,m4 le ,hardy de ,beaulieu might say1 ,there is the limit6 ,we do not know whether1 in the absence of all positive right which would guarantee a recompense to the inventor of the hut1 a natural sentiment of justice would prompt the savages living in that country to make him a present of some useful object as a reward for this service1 as ,m4 le ,hardy de ,beaulieu suggests4 ,we doubt it much2 gratitude is an analytic virtue4 ,the savages would probably have a certain respect for this man1 whom they would look upon as gifted with superior qualities and faculties1 but the presents would only arrive when1 the contemporary generations being extinct1 cheats and hypocrites would found on the inventions of this man some system of religion4 ,yes1 we acknowledge the truth and justice of the principle in virtue of which it is said1 8,reward for merit40 ,but it must not be abused4 ,let a cultivator make a thousand trials1 a thousand experiments1 to give to the potatoes all the elementary qualities1 all the nutritive virtue of wheat1 and arrive at the object of his researches--to what recompense will he be entitled8 ,according to the system of ,m4 le ,hardy de ,beaulieu1 no reward could equal the service which this individual would have rendered to mankind4 ,according to the system of non-property in inventions1 this man would only have made his trials and his experiments--he would only have risked his advances of money1 of time1 and of labour--with the view of being able to sell his potatoes at a higher price than before1 and1 in fact1 they would command a higher price1 by means of which he would find himself sufficiently rewarded4 ,this man asks nothing of society2 he requires neither ,patent1 nor guarantee1 nor monopoly1 nor privilege2 because the law has wisely placed beyond the reach of ,patents all improvements in agriculture4#e ,does this imply that agriculture no longer progresses1 that the breeder of cattle does not improve1 that they remain completely in statu quo8 ,it is not from ,m4 le ,hardy de ,beaulieu that we learn that the want of ,patents does not hinder for an hour the progressive advance of agriculture2 quite the contrary4 ,establish the same system for all that concerns manufactures1 and inventions will follow one another as rapidly as they now do4 ,they will be more serious1 for those who are engaged in them will no longer be excited by the allurements which the ,patent-,laws dangle before their eyes1 and will no longer lose their time in running after useless things and mere chimeras4 ,we do not wish to prolong too far this answer1 but we cannot pass in silence the arguments which ,m4 le ,hardy de ,beaulieu thinks he has found in the facts relating to the inventor of the mariner's compass1 and to the discoveries of ,lieutenant ,maury4 ,we will simply remind him of the following passage from ,bastiat3 8,he who can gain assistance from a natural and gratuitous force confers his services more easily2 but for all that1 he does not voluntarily renounce any portion of his usual remuneration4 ,in order to move him1 there is required external coercion--severe without being unjust4 ,this coercion is put in force by competition4 ,so long as it has not interfered--so long as he who has utilised a natural agent is master of his secret--his natural agent is gratuitous1 no doubt2 but it is not yet common2 the victory is gained1 but it is for the profit of a single man1 or a single class4 ,it is not yet a benefit to all mankind4 ,nothing is yet changed for the multitude1 unless it be that a kind of service1 though partly rid of the burden of labour1 exacts nevertheless full pay la rtribution intgrale4 ,there is1 on one hand1 a man who exacts of all his equals the same labour as formerly1 although he offers in exchange only his reduced labour2 there is1 on the other hand1 all mankind1 which is still obliged to make the same sacrifice of time and labour to obtain a product which henceforth nature partly realises4 ,if this state of things should continue with every invention1 a principle of indefinite inequality would be introduced into the world4 ,not only we should not be able to say1 value is in proportion to labour2 but we should no more be able to say1 value has a tendency to be in proportion to labour4 ,all that we have said of gratuitous use1 of progressive community1 would be chimerical4 ,it would not be true that labour les services is given in exchange for labour des services in such a manner that the gifts of ,god pass from hand to hand1 par-dessus le march1 on the man intended destinataire1 who is the consumer4 ,each one would always exact payment for not only his labour1 but also for that portion of the natural forces which he had once succeeded in applying4 ,in a word1 humanity would be constituted on the principle of a universal monopoly1 in place of the principle of progressive community40--,harmonies ,economiques1 ,vol4 vi41 p4 #ced4 ,we think1 with ,bastiat1 that the use of natural agents ought to be gratuitous1 and that no one has the right to artificially monopolise in such a way as to exact royalties prlever des redevances1 which are not due1 and which often are obstacles almost as insurmountable as those which invention ought naturally to remove4 ,t4 ,n4 ,,benard4 #e ,unfortunately1 this is not true of ,british law4 ,the illustration founded on it is 7like the rest of these papers7 admirable4--,r4 ,a4 ,m4 ,,speech ,,of ,,michel ,,chevalier1 ,,at ,,the ,,meeting ,,of ,,the 8,,soci,t ,d',,conomie ,,politique10 ,,on ,,the #e,,th ,,june1 #ahfi4 7,from the ,june ,number of the ,journal des ,economistes47 ,m4 ,,michel ,,chevalier1 ,senator1 proposed to consider ,patents in their relation to freedom of labour la libert du travail1 a corner-stone of modern political economy1 and to the principle of the law of property1 which is greatly respected by economists and which serves them as guide4 ,does the principle of freedom of labour accommodate itself to that of ,patents8 ,it may be doubted4 ,all ,patents constitute a monopoly2 now1 it is indisputable that monopoly is the very negation of freedom of labour4 ,in the case of ,patents1 it is true1 monopoly has a limited duration2 but in ,france this duration generally extends1 if the ,patent is worth it1 to fifteen years2 which makes a long time in our day when the advances of manufacturers are so rapid and so quickly succeed one another4 ,a hindrance or an obstacle which lasts fifteen years may greatly damage and seriously compromise important interests4 ,it would be easy to exhibit by examples the extent and the importance of these disadvantages4 ,in ,france the manufacturer to whom a new apparatus or a new machine is offered is always in uncertainty whether the invention proposed is not already the subject of some ,patent1 the property of a third party1 in which case he would be exposed to the annoyance of a law-suit at the instance of this third party4 ,it follows that he frequently hesitates about adopting a machine1 apparatus1 or method of work1 which would be an advantage not only to the manufacturer1 but to the community at large1 whom he might supply better and cheaper4 ,another case which occurs to us is that of a manufacturer in whose factory an improvement has suggested itself4 ,he is forced to take out a ,patent1 and consequently to observe formalities and undertake expenses with which he would rather dispense2 he is obliged1 and becomes a patentee1 whether he will or no2 because1 if he did not1 it might happen that the improvement might come under the observation of one of the numerous class of ,patent-hunters4 ,this man might take out a ,patent1 which is never refused to the first comer2 and once patented1 he might annoy and exact damages from the manufacturer with whom the invention1 real or pretended1 actually had its birth4 ,in ,france the annoyances which ,patents may occasion are very serious4 ,it is well known that1 by the ,french law1 the patentee may seize not only the factory of the maker1 but also1 wherever he may find it1 the machine or apparatus which he asserts to be a piracy of that for which he has taken a ,patent4 ,he may take it away or put it under seal1 which is equivalent to forbidding the use of it4 ,m4 ,michel ,chevalier thinks that this is a flagrant attack on the principle of the freedom of labour4 ,it can also be shown how1 in another way1 labour may be deprived of its natural exercise by the monopoly with which patentees are invested4 ,when an individual has taken out a ,patent for an invention1 or what he represents to be such1 no one is allowed to produce the object patented1 or use it in his manufacture1 without paying to the patentee a royalty1 of which he is allowed to be the assessor1 and which sometimes assumes large proportions4 ,the result is1 that the produce manufactured can only be offered in foreign markets at a price so augmented that the foreigner refuses it if some other producer1 residing in a country where the ,patent is not acknowledged1 establishes competition4 ,thus1 for instance1 ,france1 which worships ,patent-right1 cannot export the 8,bessemer0 steel to ,prussia1 because there this product is not patented2 whereas in ,france1 on the contrary1 it is subject to a heavy royalty1 on account of the ,patent4 ,the same thing may be said of velvets1 which have been very much in fashion1 and for which a ,french manufacturer took out a ,patent4 ,the effect of this ,patent was1 that ,french manufacturers of this stuff were shut out from the foreign markets1 because outside ,france they had to encounter the competition of ,prussia1 whose manufacturers were not subject to any royalty1 the ,patent not being acknowledged there4 ,in our day1 when export trade excites so great an interest among all manufacturing nations1 and has so much influence on the prosperity of internal commerce1 ,m4 ,michel ,chevalier believes that the observation he is about to make ought to be taken into serious consideration4 ,at least it follows1 according to him1 that before approving and continuing the present system of ,patents1 it would be necessary that they should be subjected to uniform legislation in every country4 ,now there are manufacturing nations--,switzerland1 for instance--which absolutely refuse2 there are others where ,patents are subjected to so many restrictions that it is as if they did not exist2 such is ,prussia4 ,from the point of view of the right of property1 it is contended that ,patent-right should be respected1 since it only assures property in invention in the interest of him to whom the community is debtor4 ,m4 ,michel ,chevalier sees in this argument only a semblance of the truth4 ,we must first inquire whether an idea may really constitute an individual property--that is1 exclusive personal property4 ,this pretension is more than broached4 ,a field or a house1 a coat1 a loaf1 a bank-note1 or credit opened at a banker's1 readily comply with individual appropriation1 and can hardly even be otherwise conceived of2 they must belong to an individual or to a certain fixed number of persons2 but an idea may belong to any number of persons--it is even of the essence of an idea that once enunciated1 it belongs to every one4 ,besides1 is it certain that the greater part of patentees have had an idea of their own1 and that they have discovered anything which deserves this name8 ,of the great majority of patentees this may be doubted1 for various reasons4 ,the law does not impose on the individual who applies for a ,patent the obligation of proving that he is really the inventor4 ,whoever has taken out a ,patent may very easily turn it against the real inventor2 this has occurred more than once4 ,besides1 the law lays it down as a principle that it is not an idea that is patented1 and constitutes the invention valid2 and thus it excludes from the benefit of patenting the savants who make the discoveries1 of which ,patents are only the application4 ,it is by the advancement of human knowledge that manufactures are perfected1 and the advancement of human knowledge is due to savants4 ,these are the men prolific in ideas2 it is they who ought to be rewarded1 if it were possible1 and not the patentees1 who are most frequently only their plagiarists4 ,m4 ,michel ,chevalier does not desire systematically to depreciate patentees4 ,among them there are certainly many honourable men4 ,the inventions1 real or pretended1 which they have patented are supposed to be new and ingenious uses or arrangements dispositions1 by help of which we put in practice some one or more specialities of manufacture2 true discoveries are always due to the savants4 ,but in general these arrangements1 represented as new1 have no novelty4 ,in the detailed treatises on ,mechanics1 ,physics1 and ,chemistry1 in books of technology1 with their accompanying illustrations1 such as are now published1 we find an indefinite quantity of combinations of elementary apparatus1 especially of mechanical arrangements1 and very often the work of professional patentees consists in searching through these so numerous collections for uses and arrangements1 which they combine and group4 ,what right of property is there in all this1 at least in the greater number of cases8 ,against the pretended right of property alleged by the defenders of ,patents there will be much more to say4 ,there exists in the greater number of cases much uncertainty about the inventors1 even when true and important discoveries are in question4 ,is it known with certainty who invented the steam-engine1 who invented the aniline dyes1 or photography1 even8 ,different nations are at variance on these points1 as formerly they were on the birthplace of ,homer4 ,the fact is1 that the majority of inventions are due to the combined working collaboration of many men separated by space1 separated by great intervals of time4 ,on this subject ,m4 ,michel ,chevalier repeats what he heard from an eminent man who was ,minister of ,finance at the time when ,daguerre received the national recompense which had been awarded him with the acclamations of all ,france4 ,one of the ,government clerks brought to this eminent personage proof that he too had made the same invention2 and also there were the labours of ,m4 ,niepce de ,saint ,victor1 analogous to those of ,m4 ,daguerre4 ,m4 ,passy1 the chairman of the meeting1 confirmed the statement of ,m4 ,michel ,chevalier on this fact4 ,m4 ,michel ,chevalier1 in continuation1 remarked that in our time industrial arts are subject to great changes in the details of their operations4 ,independently of the general alterations which from time to time completely change the face of any given manufacture1 there is no important workshop where some useful notion is not occasionally suggested by some mechanic or overseer1 which leads to minor improvements un perfectionnement de dtail4 ,it would be an abuse to grant1 during a term of fifteen years1 or even a much shorter1 exclusive use of any particular improvements to any single individual4 ,it would not be just1 for it is quite possible that the idea might have occurred to another at the same time1 or that it might occur the next day4 ,it would even be against the general interest1 for it would fetter competition1 which is the chief motor in the progress of the useful arts4 ,but it is said inventors are useful to society2 we must therefore recompense them4 ,to this ,m4 ,michel ,chevalier answers that it may be too liberal to confer the flattering title of inventor on men who1 when a veritable discovery has been made by savants1 push themselves forward to appropriate the profits1 in securing by ,patents the various special applications which may be made of it4 ,besides1 there are different sorts of recompenses2 there are other than material rewards1 and these are not the least coveted4 ,the savants who are the greatest discoverers are satisfied with these immaterial rewards--honour1 glory1 and reputation4 ,the example is worthy of recommendation2 not but it is quite allowable for a man to extract from his labour travaux whatever material recompense he can4 ,but1 in many cases at least1 the ,patent is not necessary for this purpose4 ,the authors of some useful discovery would often have the resource of keeping their secret and working the invention themselves4 ,that would last for a time4 ,even under the system of ,patents several inventors have thus sought and found an adequate remuneration4 ,thus the famous ,prussian steel manufacturer1 ,m4 ,krupp1 has taken out no ,patent1 and yet has made a colossal fortune2 also ,m4 ,guimet1 of ,lyons1 inventor of ,french blue4 ,their secret remained in their own hands for more than fifteen years1 the maximum duration that their ,patent would have had in ,france4 ,lastly1 in the case of some truly great discovery it would be natural to award a national recompense to the inventor4 ,if ,james ,watt1 for instance1 had received from the ,british ,parliament a handsome sum1 every one would have applauded it4 ,these rewards would not impoverish the ,treasury1 since similar cases are of rare occurrence4 ,in recapitulation1 ,patent-right may have been allowable in the pasts when science and manufactures had not yet formed so close and intimate a union4 ,it was advisable to attract towards manufactures1 by means of exceptional inducements1 the attention of those who made a study of the sciences4 ,but now that the union is consummated1 ,patent-right has ceased to be a useful auxiliary to industry4 ,it is become1 instead1 a cause of embarrassment and an obstruction to progress4 ,the time is come to renounce it4 ,another speaker at the meeting1 ,m4 ,,paul ,,coq1 thought that1 on a question so delicate and controverted history furnishes instruction which directs to a right solution4 ,notably ,franklin1 a genius eminently practical1 declared himself unwilling to avail himself1 as to his numerous discoveries1 of any ,patent4 ,the refusal of this great man is founded upon the principle that every one receives during his whole life ideas and discoveries from the common fund of knowledge by which all profit1 and therefore ought1 by reciprocation1 to let the public freely benefit by every invention of his4 ,this1 with ,franklin1 was not a mere sentimental truth1 but a practical conviction1 based upon reasons worthy of the author of 8,poor ,richard40 ,there is in the bosom of society a constant exchange of beneficial thoughts and services4 ,every one stimulated by the efforts of others ought1 in the spirit of equity1 to make the community participants of the improvements and useful applications for which he has in a manner received payment in advance4 ,on this system1 equality1 competition1 and freedom of industry find their account in the law of reciprocity2 whereas1 on the footing of privilege established and defined by the theory of ,patents1 there is created an artificial property1 along side of that rightful property which has in it nothing arbitrary or conventional1 and depends simply for its existence on civil law4 ,these circles1 thereby traced round the inventor and his discovery1 are so many hindrances and so many obstacles to the expansion of forces1 in the way of continuous progress4 ,under pretext of maintaining individual rights1 improvement is in reality paralysed by superimposed difficulties1 and especially litigation without end1 on account of which nobody dare touch1 either far or near1 what has been appropriated4 ,the numerous actions at law1 raised with a view to ascertain whether such and such a process constitutes a perfectionation1 a new application1 or merely an imitation1 are my proof4 ,there is another proof in the distinction attempted to be made between matters patentable and methods scientific which may not be patented4 ,all this1 as it affects progress1 the free expansion of forces1 is infinitely grave4 ,franklin has found for his precepts1 already alluded to1 more than one adept pupil4 ,one modest savant1 whose name deserves to be better known among us for his numerous services rendered to science as well as to the arts--,cont--honoured to replace in ,france the pencils of ,england1 the importation of which was not possible in time of war--not only supplied by his new process the want of plumbago with success1 but made it better than the ,english4 ,to him are due1 besides black-lead pencils1 which make his name celebrated1 the crayons of various colours1 which have been so serviceable in the arts of design4 ,well1 like ,franklin1 he presented his process to industry1 and contented himself with being first in the new manufacture4 ,it must be remarked that he who thus opens the way easily maintains the first rank which the date of his invention assigns him1 and which public confidence assures him4444 ,before concluding1 ,m4 ,paul ,coq adverted to the distinction between the right of property generated by a creation of a work of art or of literature1 and factitious property decreed in the interests of industry4 ,the skilful painter1 who should copy faithfully line for line1 tint for tint1 a chef d'uvre like the picture of ,ingres1 which every one knows1 8,the ,source10 in order to expose it for sale and pocket the advantages1 not merely lays hold of the property of a great artist who lives by the fruit of his talent1 but perpetrates1 in all points of view1 an action mean and vile4 ,to inventions in the domain of the useful arts1 processes and operations do not carry the stamp of personality1 which is the glory of the artist and author1 and which of itself constitutes a protection equal to that which protects right of property4 ,the invention is something impersonal1 like a service rendered and returned1 which is not exchanged or paid by services of equivalent weight and description4 ,there is1 therefore1 no plausible objection to maintaining unimpaired the common right1 which1 by its freedom of movements1 its equality1 and its reciprocations1 alone efficaciously favours the result of which these are the indispensable corollaries4 ,,experience ,,in ,,france4 ,the following observations were published in the ,,avenir ,,commercial1 ,november #a1 #ahfb1 and ,june #bh1 #ahfc1 have been kindly translated and presented by the ,author3-- ,,the ,,results ,,of ,a ,,bad ,,law4 ,i4 ,when you walk along a public road1 if you find a watch1 a diamond1 a note of a hundred or a thousand francs1 and1 far from seeking the owner to give it back1 you apply it to your own use1 moral law and civil law take hold of you and condemn you without hesitation4 ,it matters not whether he who lost what you found be rich or poor1 his carelessness1 his negligence1 or the accident that caused his loss1 give you no sort of right to use it and make it yours4 ,there are not two opinions on that point3 the laws of all countries condemn the man who enriches himself with what chance throws in his way4 ,but if a scientific man--seeking some impossible discovery1 finds a clue to an idea--meets with an interesting phenomenon--indicates1 in some way1 new properties belonging to some bodies--announces the results of some new chemical combination--it is only a scientific research4 ,this or that other skimmer of inventions can get a ,patent for the application of the idea1 of the discovery1 of the method2 and the law guarantees his pretended right not only against all reclamations of the scientific man who has discovered the whole1 but against the whole world1 deprived of all possibility of making use of the discoveries of science6 ,and not only the law forbids every one to use this or that produce1 except if made by the patentee1 but it also prohibits the use of any similar produce made by different means4 ,then1 to prevent all inventors to approach the ground that the patentee has chosen1 he takes immense care to have his ,patent made of formulas so wide and elastic1 that all inventions in the same course of ideas will be infringements in the eye of the law4 ,to these observations it is answered that industrialists or scientific men are equal before the law1 that all have an equal right to its protection1 but on the express condition that the invention be put in use4 ,we see very well where is the privilege of the chance patentee1 who has made the discovery of the scientific man his own1 but we do not see where is its justice or equality4 ,we see very well where is the privilege of the man who has had nothing to do but to apply the idea deposited in a book by a scientific man--an idea that1 in fact1 was at the disposal of the public1 since the discoverer did not claim its proprietorship2 but we do not see why the law gives a monopoly to him who has only borrowed that idea4 ,but we are told1 the law is quite equitable1 for it1 says1 8,to every man his due4 ,the scientific man discovers a body1 glory be to him4 ,if he will add to it some profit1 let him indicate the properties that may be used industrially1 and let him take a ,patent for his discovery4 ,but he must hurry1 because if industry forestalls him1 industry will get the profit40#f ,it is exactly as if this was the law3 ,a millionaire drops a #ajj-;franc note4 ,it will not make him much poorer4 ,if he wants to get it back1 let him return where he came from and seek along the road4 ,let him hurry1 for if this note is found1 he who will have got it may keep it4 ,common sense and equity would join to say that when a scientific man indicates a discovery or an invention1 that invention or discovery remains at the disposal of every one if the finder does not claim the exclusive right to work it4 ,but the law is different1 and the results are soon made apparent4 ,in #ahef an ,english chemist1 of the name of ,perkins1 was seeking the way to make artificial quinine4 ,in the course of his experiments he discovered in the laboratory of ,m4 ,hofmann the property residing in aniline of producing a violet colour by the action of bi-chromate of potass4 ,perkins got a ,patent for this discovery4 ,the attention of the scientific and industrial classes being called to this property of aniline1 and to the possibility of extracting from it divers colouring matters1 several ,french and other chemists and manufacturers got ,patents for many more new processes4 ,in #aheh1 ,hofmann1 continuing to study aniline1 discovered the red colour4 ,he sent a memoir to our ,acadmie des ,sciences1 in which he gave the exact method to produce this magnificent crimson red4 ,hofmann took no ,patent2 it seemed as if he wanted to present gratuitously to tinctorial industry a new and beautiful produce4 ,six months after1 a manufacturer1 who as early as #aheg had tried to get patented in ,france the patented discovery of ,perkins1 sold to a manufacturer of chemical produce a process copied from the discovery of ,hofmann1 by which the red of aniline could be manufactured by the reaction of the bi-chloride of tin4 ,the ,patent was granted1 and the produce manufactured4 ,but very soon after1 in ,france and abroad1 more advantageous and more scientific methods1 preferable to the patented one1 were found4 ,all the ,french manufacturers who tried to use any of these new processes were prosecuted and condemned for infringement on the right of the patentee4 ,it then followed that one kilogramme of red of aniline was sold abroad for #ab1 and the monopolisers sold it for #dj in ,france4 ,this could not last1 particularly after the treaty of commerce1 by which printed and dyed goods could be introduced4 ,manufacturers threatened to give up work1 and the patentee thought proper to reduce his prices4 ,but another result1 no less fatal to ,french interests1 soon followed4 ,the most intelligent manufacturers of colouring-stuffs1 those who were at the head of that branch of industry1 and had concentrated in ,paris1 ,lyons1 and ,mulhouse the fabrication of the finest and most delicate dyes for the home and foreign market1 went to establish new factories across the frontiers4 ,the existing ,patent prevented them from satisfying the demands of their customers abroad1 who required some aniline colours1 and they were obliged to carry their industry to foreign parts4 ,the following is the list of the manufacturers who have founded new establishments beyond the reach of the monopolising ,patent3-- ,a4 ,schlumberger1 of ,mulhouse1 new factory at ,ble 7,switzerland72 ,jean ,feer1 of ,strasburg1 new factory at ,ble2 ,peterson and ,seikler1 of ,saint ,denis1 new factory at ,ble2 ,poirrier and ,chappal1 of ,paris1 new factory at ,zurich2 ,monnet and ,dury1 of ,lyons1 new factory at ,geneve4 ,five other establishments1 raised by ,swiss people but under the direction of ,frenchmen1 are being founded at ,ble1 ,zurich1 ,glaris1 and ,saint ,gall4 ,then there are still to be founded1 the factory of ,m4 ,a4 ,wurtz1 brother to ,professor ,wurtz at ,leipsic2 another1 by ,m4 ,o4 ,meister at ,chemnitz2 a ,french factory at ,elberfeld2 three1 also ,french1 in ,belgium2 and three others in ,switzerland4 ,it is1 in fact1 a general expatriation1 like the one that followed the revocation of the ,edict of ,nantes4 ,it is worthy of remark that in ,germany there are twelve ,patents for making colours or dyes from aniline2 in ,england there are fourteen1 in ,france 7thanks to the interpretation given to the law7 there is one4 8,et nunc caveant consules40 ,t4 ,n4 ,,benard4 #f ,extract of a paper on the subject in the ,proprit ,industrielle4 ,,ii4 ,in our number of ,november #a1 #ahfb1 we published on this very same question an article in which we stated that about twenty ,french manufacturers had been forced to go abroad to escape the unheard-of exigencies of the law of ,patents4 ,we were answered by insults that we disdained2 but the facts that we had revealed were not contested4 ,a volume just published on the legislation and the jurisprudence of the law of ,patents enables us to show another side of the question1 and to prove how injurious it is to manufacturers and inventors1 and how profitable to certain gentlemen of the ,bar who have the speciality of cases for infringement on ,patents4 ,we say it openly and fearlessly1 if it was not for the lawyers who swim freely amongst the windings of that law1 it would not have a supporter4 ,manufacturers and inventors are shamelessly made a prey to a group of pleaders who defend right and wrong with the same deplorable alacrity4 ,what an immense number of law-suits have arisen from the #ed articles of that law6 ,the volume we have in hand has been written with the intention of giving to the public a view of the jurisprudence adopted by the ,courts in the interpretation of each paragraph4 ,a summary of the trials that have taken place since its promulgation in #ahdd follows each article of the law4 ,article ,i4 is as follows3 8,every new discovery or invention1 in all kinds of industry1 ensures to its author1 under the conditions and for the time hereafter determined1 the exclusive right to work for his benefit the said discovery or invention4 ,this right is established by documents granted by the ,government1 and called ,patents40 ,the first trial that we find in the list took place in #ahdd4 ,the question was1 ,whether the words all kinds of industry could be applied to things that are not in trade8 ,the ,court's decision was for the affirmative4 ,the second trial was raised to know if1 when a working man is only executing the orders given to him by another party1 with the indications and in the interest of this last1 the working man may be reputed the inventor1 and if the results of his labour may have the character of an invention1 so that he may claim revendicate its ownership by a ,patent4 ,the ,court decided for the negative4 ,we pass four other suits running on the interpretation of this first article1 that seems so innocent1 so inoffensive1 and come to the eleventh trial4 ,in conferring by ,article ,i41 under the conditions that it determines1 on the author of new discoveries or inventions the right of working them exclusively for his own benefit1 did the law intend to deprive of all rights those who were using the same means of fabrication prior to the delivery of the ,patents8 ,the question was1 in other terms1 to know whether the ,patent is good and legal against every one except against the party who1 having worked it for a certain period anterior to the granting of the ,patent1 might be kept in possession of his industry8 ,on ,march #cj1 #ahdi1 the ,court of ,cassation decided for the affirmative in the case of 8,witz ,meunier versus ,godefroy ,muller40 ,you fancy1 perhaps1 that the affair is all right and settled2 the ,court of ,cassation has spoken1 and every inventor who will not have taken a ,patent may work out his invention without fear of prosecution from a patentee coming long after4 ,you are greatly mistaken4 ,you do not know how keen1 and ardent1 and clever1 and anxious are the seekers of ,patents4 ,previously to that the ,court ,royal of ,paris had declared in ,may1 #ahdg1 in the case of 8,lejeune versus ,parvilley10 that the ,patent can be put in force against the manufacturer working the invention before it was patented1 if he has not published it before the patentee1 and if the patentee is the first who has introduced it in commerce4 ,but in #ahdg the ,court ,royal of ,paris did not know the opinion given in #ahdi by the ,court of ,cassation4 ,we see how unsafe are the things of this world4 ,say if you can ever be sure of holding and knowing the truth4 ,on ,august #ai1 #ahec1 the same question was brought again before the ,court of ,cassation in the case of 8,thomas ,laurent versus ,riant10 and the ,court decided that the ,patent can be put in force against whoever possessed the invention before it was patented4 ,there is at ,lyons a manufacturer who for a great many years fabricated a dye for which he has not taken a ,patent1 but the secret of which he carefully keeps to himself4 ,if1 by some manuvring1 by some doubtfully moral means1 an industrialist--as there are too many amongst the patentees--contrived to worm out this secret1 and got a legal ,patent1 he could work the discovery and oblige the ,lyonese manufacturer to cease all productions of the same kind4 ,would it not be an admirable example of legality8 ,the contradiction that we have just noted between two verdicts given by the same ,court upon the same question gives us the right to say that the magistrates ought to show a little more indulgence to those they condemn4 ,when there is a law like that relative to ,patents1 common mortals are very excusable if they make a mistake in interpreting in a wrong way this or that expression1 since we see the highest ,court in the country giving sometimes one interpretation and sometimes another4 ,the first article of the law has given rise to fifteen different suits1 inscribed in the pages of the volume we hold4 ,these fifteen suits have been tried before the ,civil ,courts or the ,court of ,cassation4 ,people may well be frightened at the mountain of papers that must have been used and destroyed by the attorneys1 counsel1 barristers1 c41 before the public could have any clear notion of what the legislators meant4 ,the second article is as follows3 8,will be considered as new inventions or discoveries--the invention of new industrial produce2 the invention of new methods or the new application of known methods to obtain an individual result or produce40 ,this article1 we may say1 is the main beam of the edifice1 consequently it has given occasion to no less than #ajd suits4 ,one might fancy that the multitude of judicial decisions given by the ,courts has thrown the most brilliant light on the interpretation to be given to the three paragraphs forming the second article4 ,alas6 these paragraphs are just as obscure as before4 ,for instance1 the ,imperial ,court of ,paris decided on ,august #ac1 #ahfa1 that the 8change in the form of a surgical instrument1 even when there may result an advantage or greater facility to the operator1 cannot be patented40 ,but on ,july #bf of the same year it had decided that 8a production already known--a straw mat1 for instance--may be patented when its form1 its size1 and its length are new40 ,so1 again1 the ,court of ,cassation decided1 on ,february #i1 #ahfb1 that 8the production of a new industrial result is an invention that may be patented1 even if it is only due to a new combination in the form and proportions of objects already known40 ,on the contrary1 the ,correctional ,court of the ,seine decided on ,december #bd1 #ahfa1 that a modification of form1 even when it procures an advantage1 is not of a nature to constitute a patentable invention4 ,can we not say with the poet3 8,deviner si tu peux1 et choisis si tu l'oses80 ,the lawyers of ,great ,britain are accustomed to celebrate certain anniversaries by a professional dinner4 ,the ,president of the party1 after having proposed the health of the ,queen and the ,royal ,family1 calls upon his brethren to join in a toast to the prosperity of the profession they follow4 ,this traditional toast is characteristic enough4 ,it is as follows3 8,the glorious uncertainty of the law60 ,we think the facts we have related give to this toast a right of citizenship on this side of the ,channel4 ,t4 ,n4 ,,benard4 ,,important ,,message ,,from ,,the ,,secretary ,,of ,,the ,,confederation1 ,,count ,,von ,,bismarck1 ,,to ,,the ,,north ,,german ,,federal ,,parliament4 ,berlin1 ,december #aj1 #ahfh4 ,in the presence of the manifold and well-founded complaints concerning the defective state of legislation on ,patents in ,prussia and ,germany1 the ,royal ,prussian ,government deems it important to have considered without any further delay what course might best be adopted in the matter4 ,at the same time1 however1 and with a view to the position long since taken by ,government in regard to the question1 it must not be omitted in the first place to decide whether henceforth ,patents should be granted at all within the boundaries of the ,confederation4 ,the frequent polemics on the principles of ,patent-,laws1 to which the repeated attempts at reform have given birth during the last ten years1 and more particularly the discussions in the late ,german ,federal ,assembly1 have enhanced the questionability of the usefulness of ,patents4 ,after taking the opinion of the ,chambers of ,commerce and the mercantile corporations1 the ,prussian ,government1 on the occasion of the ,german ,federal ,assembly ,session of #cast ,december1 #ahfc1 gave utterance to the doubt whether under present circumstances1 ,patents for inventions may be considered either necessary or useful to industry4 ,since then the ,royal ,prussian ,government has taken the question once more into serious consideration1 and feels bound to answer it in the negative on the strength of the following arguments4 ,from a theoretical point of view1 it may be taken for granted that the conferring of an exclusive right to profits which may be derived from industrial inventions1 is neither warranted by a natural claim on the part of the inventor which should be protected by the ,state1 nor is it consequent upon general economical principles4 ,the right of prohibiting others from using certain industrial inventions1 or bringing certain resources and profitable means of production into operation1 constitutes an attack upon the inalienable right which every man has1 of applying each and every lawful advantage to the exercise of his profession1 which is the more obvious1 as there exists a prevailing tendency to free industrial pursuits from all artificial restrictions adherent to them1 and the time-honoured practice can only be upheld by a thorough vindication and a practical proof of its fully answering the purpose4 ,to demonstrate this should be the chief aim of all arguments against abolition4 ,to an argument which has repeatedly been urged--i4e41 that the granting a temporary exclusive right is indispensable 7so as to secure for the meritorious inventor a reward adequate to the mental labour and money expended1 as well as risk incurred1 in order that there be no lack of encouragement to the inventive genius7--the objection may be raised that the remarkably developed system of communication and conveyance now-a-days1 which has opened a wide field to real merit1 and enables industrial men promptly to reap all benefit of production by means of enlarged outlets for their articles1 will1 generally speaking1 bring those who know how to avail themselves before others of useful inventions to such an extent ahead of their competitors1 that1 even where no permanent privilege is longer admissible1 they will make sure of a temporary extra profit1 in proportion to the service rendered to the public4 ,it is1 in fact1 in the peculiar advantage produced by the early bringing into operation of a fresh suggestion of their minds1 that the remuneration of those lies1 who1 through cleverness and steadiness of purpose1 succeed in satisfying existing wants in a manner less expensive and superior to what previously was the case1 and notwithstanding do not obtain any monopoly4 ,not of less account are the practical impediments which stand in the way of every effort to bring about an improvement of the ,patent-,law4 ,it is generally admitted by the promoters of ,patent-right1 that the system of inquiry or examination1 as it is now working in ,prussia1 cannot possibly remain in its present condition1 and the experienced officers appointed to decide upon ,patent matters and make the necessary inquiries1 unanimously confirm that opinion4 ,though provided with relatively excellent means of ascertaining1 the ,prussian ,technical ,committee for ,industry had to acknowledge as early as #ahec 7,vide ,prussian ,trade ,archives of #ahed1 ,vol4 ii41 page #agc1 ff47 that the question whether an invention submitted for being patented might not perchance already have been made or brought into operation elsewhere1 was almost an unsolvable one4 ,since then1 inventions have augmented yearly in steadily increasing proportion4 ,the main difficulty1 however1 not only rests in the impossibility of mastering the matter submitted1 but equally so with the upholding of firm principles relating to the criterion of originality4 ,if the inquiry do not altogether deviate from its primitive object by patenting any and every innovation in construction1 form1 or execution1 which is presented1 we fall into such uncertainty when sifting actual inventions from the mass of things which are not to be considered as undeniable improvements--owing to the continually increasing and diversified combinations of generally known elements or material and altered constructions or modes of application--that it is hardly possible not to be occasionally chargeable with injustice4 ,every day shows more clearly how annoying a responsibility grows out of such a state of affairs1 and it is highly desirable that the authorities no longer be conscious of doing injustice in their duties on account of rules which cannot properly be put into practice4 ,as for the often much-commended so-called 8application system10 it would by no means really answer the purpose2 even without considering the theoretical objections which might be raised against it4 ,its practical results have been far from giving satisfaction wherever it has been adopted4 ,the complaints of the abuses and impediments industry suffers under1 and which are brought about through the overwhelming mass of ,patents1 for the most part taken out with a view to swindling speculation1 the unpleasant experience acquired by those who take all legal means so as subsequently to contest and defend ,patents granted without previous inquiry being made1 have led to a reaction of public opinion in favour of abolishing the system4 ,the unsatisfactory and quite abnormal state of all matters connected with ,patents in ,england and ,france had1 years ago1 claimed the most earnest attention of the legislators1 and led to practical deliberations on the necessity and the means of effective improvements4 ,the ,french ,government introduced a ,bill in #aheh1 to the effect that the hearing of objections to ,patents applied for might1 as much as possible1 take place previous to the same being granted4 ,a similar system which is in force in ,england has1 however1 proved inadequate in that country1 and the commission which1 in #ahfc1 made a detailed statement as to the merits of the existing ,patent-,law1 recommended the adoption of official inquiry4 ,under the circumstances1 it can hardly be the question at all1 for the ,north ,german ,confederation1 to admit of the mere 8application system40 ,nor can the imposition of high taxes on patentees8 7not taking into account their inconsistency with the real object of ,patents7 be considered a sufficient corrective of the system1 after the experience acquired in ,england on this head4 ,both the inquiry and application systems having proved defective1 the conclusion is arrived at1 that the difficulties cannot be overcome by means of altering certain details in the institution1 but rather arise out of constitutional infirmities of the institution itself4 ,the ,patent system makes such distinctions necessary as are now practically inadmissible1 and the impracticability of which is by no means removed through merely transferring the evil from one side to the other4 ,it must be granted that if artificial contrivances be at all required to adequately remunerate an inventor for the services rendered to society1 they cannot be hit upon in this direction without hurting all important interests4 ,that the final step of repealing ,patents altogether should not yet have been taken anywhere1 in spite of the leading theoretical and practical authorities having urged it1 may be easily explained by the fact that we have to deal with an institution which very long ago has taken root in the usage of the industrial nations1 and to which tradition ascribes most of the immense progress industry has taken during its existence4 ,to this may be added the apprehension lest the country which would take the lead in the matter might find itself at a disadvantage with the remainder4 ,generally speaking1 the anticipation of a profitable use to be made of an invention for one's exclusive benefit is1 no doubt1 a powerful incitement for the inventive genius1 and equally is it admitted that to temporary ,patent-right we owe the successive improvements on many a useful invention4 ,experience has1 however1 taught that in most instances ,patents do not fulfil their mission2 that on the whole they have not proved an actual benefit1 either to the proprietor or the public2 that the profits have gone just as often into the pockets of strangers as into those of the able inventor4 ,when chiefly ascribing the progress made by industry through technical improvements in many of the countries where extensive regulations of ,patent-right are provided1 to the incitement consequent upon the protection afforded by ,patents1 the fact is overlooked that the great inventions made in old times1 as well as the scientific discoveries which in the modern era paved the way for industry1 have perfectly done without any such incitements4 ,against the stimulating influence of monopoly upon individuals1 we must1 however1 in a period so extremely favourable to industrial progress1 not underrate the very important point1 that it also checks the quick and fertile development of a new thought1 which1 when totally free1 might be expected to spring up in a higher degree from the competing labours of all4 ,of course1 it is impossible to say whether in ,england1 ,belgium1 ,france1 and the ,united ,states1 industry1 if supported by other favourable stipulations1 might not have taken an equal development without the protection of ,patents2 but we have at all events an illustration of this being the fact in ,switzerland1 where the absence of ,patents has not at all been found prejudicial to the public at large4 ,the records of the latter country may dispel all apprehension lest the abolition of ,patents should place national industry on an unequal and disadvantageous footing with foreign4 ,if ,germany be foremost in the indicated direction1 we must1 it is true1 be alive to the very likely occurrence of her standing1 at least for some time to come1 isolated on her platform4 ,a favourable result of the movement in either ,england or ,france can hardly be looked for at a very early date1 considering the state of public opinion prevailing in those countries1 as well as the large individual interests at stake1 owing to the wide scope for protection arising out of their ,patent system1 while at the same time it is yet a fact worthy of remark1 that neither ,england nor ,france have been able to make up their minds as to reforming a system the numerous defects of which are universally recognised4 ,in ,germany the same difficulties do not present themselves to the same extent1 the less prolixity of our ,patent institution not affecting the industrial part of the nation in nearly the same ratio4 ,the whole system in this country has been less active in all directions2 proof of this is given by the statistics of ,patents1 as compared with those taken out abroad4 ,the actual items in #ahfg were as follows3-- ,for ,prussia #ajc ,patents4 0 ,saxony #agi 0 0 the ,thuringian ,union #cc 0 0 ,brunswick #cb 0 0 ,hesse #bj 0 0 ,oldenburg #ab 0 0 ,bavaria #bad 0 0 ,wrtemberg #aci 0 0 ,baden #df 0 ,whereas1 in #ahff1 there were granted-- ,in ,england 7including the provisional protections7 #c1dec ,in ,france about #d1djj ,in ,belgium 0 #a1gjj ,and in the ,united ,states 0 #i1dej ,in ,prussia1 on account of the rigidly adhered-to preliminary inquiry1 #hg per cent4 on an average of the ,patents applied for during the last ten years have been non-suited1 and only from #ej to #ajj requests a year were granted4 ,besides1 it is scarcely subject to a doubt that even of these only a small number has been turned to practical use4 ,again1 the amount of privilege the ,patent ensures is less in ,germany than abroad1 as in conformity with the clauses of the ,treaty of #bast ,september1 #ahdb 7and which provisions should be kept in force under any circumstances71 a ,patent does not confer upon its proprietor 7not taking into view machinery or instruments7 a prohibitory right against the importation1 sale1 or consumption of foreign articles4#g ,the anticipation that the abolition of ,patents might cause the results of new inventions to be lost to the nation through the respective inventors turning themselves towards the protection-affording countries1 is not confirmed by the experience acquired on this head in ,switzerland4 ,the industrial who has invented a new process will1 in most instances1 be influenced by other motives to bring the same into operation where he has his factory and his already acquired customers4 ,nor can much importance be attached to the apprehension that1 should the ,patent-,law be repealed1 inventors might show more disposition towards keeping new inventions secret from the public2 for1 even assuming the abolition to be an incitement to keeping inventions secret1 yet it cannot be admitted that any prejudicial change from the present state of things would take place4 ,even now1 under the rule of the ,patent-,law1 it is a recognised fact1 that to such methods of fabrication and resources as admit of being kept secret1 the very secrecy affords ampler protection than the ,patent itself4 ,by thus drawing the conclusion that those inventions which might eventually be kept secret are so at the present time as well1 no actual prejudice will be caused by one measure being in force rather than the other4 ,the ,royal ,prussian ,government1 therefore1 thinks that by completely abolishing the ,patent system within the limits of the ,confederation 7a resolution recommended by economical theory1 and which public opinion has been sufficiently prepared for71 instead of making any further and necessarily unsuccessful attempts at reform1 the circumstance of the ,confederation preceding other important industrial nations cannot be considered an actual impediment1 although it would be far preferable that the ,south-,german ,states should join in the measure1 so as to extend the innovation to all countries comprised in the ,zollverein4 ,the undersigned is of opinion that previous to further inquiring into the particulars of the ,patent-,law1 the ,north ,german ,confederation ought first of all to decide whether henceforth any protection by means of ,patents should be afforded at all within the boundaries of the ,confederation4 ,assuming this1 and also considering that the ,confederation shall have to take a decision as to the attempts at reform1 the undersigned moves3 8,that the ,federal ,parliament appoint the ,committee on trade and intercourse1 to deliberate on the question proposed1 and report on the same4 7,signed7 8,,von ,,bismarck40 #g ,this mighty difference from our ,british practice is in harmony with what ,i have shown is the scope of the original ,english ,act1 and with our common law4--,r4 ,a4 ,m4 ,,proposition ,,for ,,the ,,abolition ,,of ,,patents ,,in ,,holland4 ,,second ,,chamber ,,of ,,the ,,netherlands ,,legislature1 ,,session ,,of #bast ,,june1 #ahfi4--;,,discussion ,,on ,,the ,,abolition ,,of ,,exclusive ,,rights ,,in ,,inventions ,,and ,,improvements ,,of ,,objects ,,of ,,art ,,and ,,industry--7,,patents74 ,m4 ,,van ,,zinnicq ,,bergmann was not sufficiently prepared for the discussion while the project was in ,committee4 ,he feels much sympathy for all such measures as tend to do away with impediments to trade and industry4 ,at the same time1 people ought to discriminate between the kind of protection which is a hindrance to industry1 and may be called monopoly1 and the one to which property is entitled on the part of the ,state4 ,at this part of his speech the hon4 member indulges in extensive remarks on the right of property4 ,according to ,roman law1 the right of property was a 8jus quod natura omnia animalia docuit40 ,but that definition is not a correct one1 as the right of property is especially maintained in civilised society4 ,after that1 the hon4 member launches himself into allegory4 ,try1 quoth he1 to drive the lion from his den2 he will defend it until his last drop of blood6 ,look at the boy who snatches the young and tender bird from its nest2 the mother will pursue the robber1 and not leave him4 ,now1 he should like to know whether an artist1 an inventor1 an author1 has1 or has not1 a right of property in his work which entitles him to the benefits to be derived from it8 ,this question he answers in the affirmative1 and refers to ,soy1 ,mass1 and the 8,assemble ,constituante0 of ,france in ,december1 #agia4 ,and why should there be no right of property8 ,perhaps on account of an article in the ,civil ,code1 which says1 8possession vaut titre10 or of a restriction to a greater or smaller lapse of time8 ,we are continually referred to ,england and the ,united ,states4 ,but what is ,england8 ,england is a country at the same time emancipated and in course of emancipation4 ,duly considered1 ,england will be found to be1 internally1 in about the same state in which the ,netherlands were before #agie1 or before the end of the sixteenth century--7laughter7--but1 the hon4 member adds1 always accompanied by such improvements as rulers have successively granted with regard to ,patents4 ,england may have had its commotions2 but1 nevertheless1 charters have never been otherwise but granted1 and the privileges1 exacted though they may have been1 were received at the hands of the ,king4 ,and what have we been doing8 ,we expelled our ,stadholder1 and got annexed to ,france2 the principles of #agih have taken root in our country1 and continue to be the basis for present action4 ,the hon4 member further argues that ,patents are granted to emancipated slaves1 but free citizens take out 8brvets d'invention40 ,he is of opinion that it is a wrong impression that ,patents are to be placed upon a line with the abolition of guilds4 ,there is no connexion whatever between these institutions1 and this he demonstrates by reference to ,french authors4 ,even taking ,michel ,chevalier's doctrines for granted1 he asks1 8,could such difficulties not be obviated through a reform of the ,patent-,law80 ,once at a time1 ,alexander made himself famous by cutting through the ,gordian knot4 ,that was a despot's doing2 he might have deserved more fame had he succeeded in disentangling the knot4 ,such should be the final aim the legislator ought to strive to reach4 ,finally1 the hon4 member puts forward the question1 whether the passing of the law now before the ,house might not involve the country in international troubles2 for1 ,switzerland alone excepted1 every country in ,europe has its ,patent-,law4 ,besides1 we are aware that1 as far as literary right of property is concerned1 a neighbouring country has1 against its will1 been compelled to maintain it4 ,we1 at our turn1 might once have to come back to what we want at present to repeal4 ,let us1 therefore1 be cautious4 ,m4 ,,heemskerk ,,azn remarks that continued allusions are being made to reaction4 ,generally speaking1 such allusions are made out of personal motives2 but he should very much like to see a real live reactionist1 who would like to repeal what progress has brought us4 ,there may possibly be people extant who would wish to do so1 but as for him1 he is not aware of any reactionary plots against our institutions1 or the effects of science and progress2 yet this very project now before the ,house1 which he considers to be reaction1 has been most favourably received in ,committee4 ,should the ,netherlands ,legislature sanction it1 then he shall have to believe in the existence of reaction4 ,for it is an easy thing to find evidence of reaction in the project under discussion4 ,m4 van ,zinnicq ,bergmann has already more or less demonstrated it4 ,he 7,m4 ,heemskerk7 will add a few more particulars4 ,where1 the hon4 member asks1 lies the origin of ,patents8 ,in the cultivation of a free spirit1 and the ennobling of labour2 and of these1 the right of protection existed since time immemorial4 ,deviating from the civil rights1 the ,stuarts1 through favour or arbitrary motives1 granted 8privileges20 but the ,free ,parliaments saved ,patents1 that protect inventions4 ,moreover1 this principle has been adopted in the most freedom-advocating of constitutions--viz41 that of the ,united ,states4 ,the same may be said with regard to ,france4 ,on the #cast ,december1 #agij1 the 8,assemble ,constituante0 resolved that the right of property in inventions should be guaranteed1 and in this resolution originated the first ,french ,patent-,law4 ,the ,netherlands would be the very first country on earth 7with one exception only7 to deviate from the principle of a right of property in inventions1 in a moment1 when public opinion1 dissenting thereby from a few economists1 everywhere declares in favour of ,patents4 ,he reminds the ,house of the immense influence inventions have had on history and society1 such as the invention of printing1 of the compass1 steam1 gas1 c4 ,and would it be fair to withhold from those who promote progress that protection which is legally due to them2 whereas there is no end of provisions in the code protecting mere material property1 such as the right of inheritance until the twelfth degree1 lotteries1 stock gambling1 and the like8 ,government has evidently been aware of the circumstances standing in the way of the project1 as is proved by page #a of the ,memorial of ,explanation2 but it shrinks from the logical consequences4 ,the ,patent system is based upon the principle that nobody should enrich himself by another man's property4 ,this has also lately been argued at length in ,savornel ,lohman's pamphlet4 ,the hon4 member gives it as his opinion that in this matter an author is in exactly the same position as an inventor4 ,if ,patents be abolished1 we shall logically have to come to repealing ,copyright as well4 ,a counterfeited edition is nothing else than the imitation of an object of industry2 the writer is an author1 but the inventor is no less an author4 ,amongst others1 he refers to a speech from ,lamartine 7as reporter of a ,committee in the ,french ,legislative ,chambers1 which consisted of the then most eminent economists7 on the ,patent-,law of #ahdd1 which is still in force4 ,he insists that the justice of his system of maintaining the right of property is proved beyond a doubt by the ever and again recurring circumstance of an inventor lacking capital for a practical application of his lucubrations4 ,still1 he often obtains the requisite means2 and now everybody will be enabled to imitate the result of his thoughts and labour1 and to reap the profits to accrue from the same4 ,he points to ,professor ,visvering's work on practical economy1 who also recognised that1 if no exclusive ,patents be delivered1 still inventors had a right to a remuneration of some kind4 ,those who oppose the ,patent-,law contend that an inventor is not entitled to a reward2 he admits that no reward should be expected1 but most assuredly the inventor may lay claim to remuneration for the labour expended on the invention4 ,we are referred to ,switzerland1 where no ,patents are given4 ,but what of that8 ,in the first place1 most of the industrial ,cantons of ,switzerland are clamorous for a ,patent-,law2 secondly1 the ,swiss1 as a body1 equally want the measure to be put through2 and1 in the third place1 the hon4 member points to the large benefits which1 according to ,klosterman's recent work1 ,swiss industrials derive from foreign ,patent-,laws4 ,it is alleged that the number of ,patents which are being delivered in ,holland is but small4 ,but1 says ,m4 ,heemskerk1 foreigners1 on the contrary1 claim that the number is large4 ,there exists apprehension of law-suits2 but can that be brought to bear upon the repeal of the ,patent-,law8 ,in that case1 landed property would be the least tolerable1 as the proverb says--8,qui terre a1 guerre a40 ,moreover1 no three law-suits are known to have sprung up from ,patents in this country since the law has been in force4 ,in ,belgium1 it is true1 much action has of late been taken in order to do away with ,patents2 but there1 as well as in ,prussia1 the movement is rapidly decreasing4 ,the hon4 member refers to the 8,nederlandsche ,industrieel10 a periodical which1 though strenuously in favour of abolition of ,patents1 nevertheless mentions in its issues of #adth and #bast of ,february1 and #bjth of ,june1 what has lately occurred in this respect in ,germany and elsewhere4 ,in ,great ,britain also the question has lately been discussed in ,parliament1 but the member who moved it did not even take the votes upon it1 but quietly dropped the matter2 such was the impression made upon his mind by the arguments brought forward 64 ,the subject has equally engrossed the attention of the 8,socit ,economique0 of ,paris1 when eminent economists1 amongst whom ,wolowski1 declared in favour of ,patents4 ,this is mentioned in the ,economistes of ,june see page #afd4 ,for all these reasons the hon4 member recommends to the serious consideration of the ,house that1 for the time being at least1 the rash ,act be not consummated4 ,do not throw such a stain upon your ,legislature1 he emphatically exclaims4 ,do not step backward2 beware of relinquishing the protection of any description of property4 ,do not cripple the law by ignoring a principle which protects the fruit of human intellect4 ,beware of laying violent hands upon property1 of whatever kind it may be4 ,let us do better than that2 let us reject the bill4 ,persuade ,government1 there being no haste whatever1 to propose to the ,chambers that the subject be deferred until next ,session4 ,at all events1 nothing would be lost by it4 ,meanwhile ,government would be enabled to reconsider the subject1 and to make inquiries abroad as to the state of legislation on this head4 ,no prejudice would be occasioned by deferring the matter2 for the hon4 member expresses his firm belief that a dangerous measure is about to be adopted with regard to a subject with which the utmost caution should be observed4 ,m4 ,,de ,,bruyn ,,kops would not enter into all particulars1 the matter having been treated at length in the sundry documents relating to it2 but he would restrict himself to a refutation of ,m4 ,heemskerk's arguments4 ,he is in a position to place himself on a very simple point of view4 ,the law of #ahag is generally disliked1 in principle as well as in its details4 ,it has been admitted that it does not give the inventor any guarantee1 and this on the ground of the issue of some law-suits which have sprung up from it4 ,so ,patents1 far from giving a security1 hinder the general public and impede industry4 ,it is a fact worthy of notice1 that the leading industrial organs1 such as the ,chambers of ,commerce and ,factories1 the ,industrial ,society1 the ,union for ,promoting ,mechanical and ,manual ,industry1 and the ,nederlandsche ,industrieel1 unanimously have declared against ,patents2 so have a score of industrials4 ,are these not facts worth more than a few considerations about a right to special protection8 ,add to this the circumstance that in those countries where ,patents do exist difficulties are gradually increasing2 as1 first of all1 the question arises1 whether the invention is really a new one2 and to ascertain this is very often a most arduous task4 ,then1 again1 ,patents are being asked for mere trifles4 ,within a short period1 #abf ,patents for improving bicycles have been taken out in ,england4 ,it thus becomes necessary to make a minute inquiry into the usefulness of the matter4 ,this has been the cause that in ,france they have gone to the other extreme--granting ,patents 8without guarantee by ,government40 ,patents are not consequent upon the recognition of man's1 or inventors'1 rights2 they are the remainders of the guild system1 and of protection to national industry in exclusion of foreign4 ,it cannot be a question of right of property1 for1 if such were the case1 ,patents would not be granted for a fixed term of years4 ,if invention means right of property1 why1 then1 that arbitrary restriction8 ,originally the idea may have been a good one1 but in the sequel it has proved a failure4 ,there are examples of different persons having made the same invention without having any knowledge of each other4 ,it is consequently becoming almost a matter of impossibility to ascertain priority4 ,the hon4 member says that all endeavours to bring about a practical result out of an originally elevated idea have utterly failed2 that the guarantee of the right is1 as has been proved by means of the report in ,england1 at best uncertain and unsatisfactory2 and that when the project shall have been made law1 he will rejoice at his country having been foremost in leaving the wrong track4 ,,session ,,of ,,tuesday1 #bb,,nd ,,june4 ,the ,president reads an address from the ,board of ,directors of the ,union to ,promote ,mechanical and ,manual ,industry1 of ,rotterdam1 in which they support the project now pending before the ,house4 ,the discussion on the subject is continued4 ,m4 ,,van ,,houten observes1 that ,m4 ,heemskerk has given the epithets of 8reactionary0 and 8ruinous0 to the measure proposed by ,government4 ,by opposing the project1 that deputy did his duty1 but at the same time it more than ever becomes the duty of those who strenuously support it openly to express their convictions1 and to show that they know what they are about4 ,his opinion is that ,m4 ,heemskerk's arguments have been tested1 and did not stand the test4 ,m4 de ,bruyn ,kops having refrained from arguing on the ground of theoretical considerations1 he 7,m4 ,van ,houten7 will say a few words in that direction4 ,the main question is this3 ,is prohibiting the imitation of an invention lawful1 and shall it or shall it not be upheld8 ,those who want to let things remain as they are talk of rights acquired2 but on what are these so-called rights based8 ,certainly on no very solid basis2 for1 if a right it be1 why is only a temporary protection granted8 ,a right is permanent1 and cannot be taken away but through expropriation for the common weal1 and even then in consideration of an indemnity only4 ,m4 ,heemskerk argues two points3 #ast1 ,the inventor has a claim of priority1 as the first who takes possession4 #bnd1 ,the imitator enriches himself at the expense of the inventor4 ,but1 says the hon4 member1 ,m4 ,heemskerk loses sight of the fact that first occupation can only take place of 8corporeal0 effects2 not of an invention which may be made1 and is often being made1 by others at the same time4 ,besides1 he contends that it is not the imitators1 but the public1 who enrich themselves and benefit by the invention4 ,he is of opinion that the ,patent system remunerates where no labour has been expended2 whilst claiming ,patents has become an industry prejudicial to the general public4 ,it has been urged to frame a 8good0 ,patent-,law2 but that the hon4 member holds to be impossible4 ,whatever might be its provisions1 monopoly must needs be created by it4 ,and if this is such an easy matter1 why did ,m4 ,heemskerk not introduce a bill for a new law8 ,it is alleged that if everybody is allowed to imitate1 the inventor works for nothing4 ,but how is it with so many gratuitous appointments8 ,is that a question of right8 ,certainly not4 ,as ,m4 ,heemskerk1 in his speech1 invoked ,providence1 he should like to know whether it can be supposed that ,providence intends enriching an individual or society at large8 ,on that ground1 we may safely set the public's right against the inventor's4 ,hereupon the hon4 member considers the question from an economical point of view4 ,in the first place1 ,patents are useless for such objects as baffle imitation--like the ,krupp guns1 for instance2 and then objects emanating from the inventor direct are1 as a rule1 preferred4 ,as for petty inventions1 he would say that1 it being the normal course of social development that every branch of industry should steadily progress1 so it is the case with them4 ,on that field1 everybody is more or less of an inventor2 and with regard to petty inventions1 ,patents not only are superfluous1 but noxious4 ,m4 ,heemskerk1 it is true1 has rather spoken with a view to great inventions1 and the hon4 member fancies he has given evident proof that no harm can be done by abolishing ,patent-right on the latter4 ,it is these great inventions that the public at large benefits by4 ,he denies ,m4 ,heemskerk's assertion1 that in the absence of ,patents no capital would be forthcoming for the practical application of an invention1 for1 pending the tests and experiments an inventor subjects his invention to1 no capitalist loans him money4 ,he equally contests what ,m4 ,h4 said about the logic of repealing ,copyright1 should the ,patent-,law be put aside1 and that1 by doing the latter1 violent hands would to a certain extent be laid upon the right of property4 ,the hon4 member thinks that no such comparison can be drawn1 as the law providing for ,copyright does by no means prevent anybody from applying any published work to further development of science4 ,copyright in no way interferes with public interests4 ,the member for ,gorcum has called the project a 8reactionary0 measure4 ,this will frighten neither him nor us1 for it matters little what is called reactionary1 but much what is reactionary4 ,the project is closely connected with the historical development of society1 and the liberation of labour and industry4 ,the ,patent system may be placed upon an equal footing with the exclusive right to discoveries and other similar privileges of yore4 ,we have given up all those things4 ,each and every benefit derived from them becomes a public one1 and so ought every new outlet for trade to be4 ,on these grounds1 the hon4 member advocates the removal of those impediments4 ,m4 ,,godefroi said3#h ,i rise to make some observations on three points in the speech1 containing so much that is valuable1 delivered by ,m4 ,heemskerk4 ,these points are1 first1 the legal basis2 secondly1 treating the question on the footing of ,copyright2 and1 thirdly1 the reference to the practice in foreign countries4 ,the speech of the hon4 gentleman who preceded me has made my task with reference to the two first points peculiarly easy1 so that ,i can content myself in a great measure with simply referring to it4 ,his confutation of the legal basis1 as laid down by ,m4 ,heemskerk1 appears to me conclusive4 ,to speak of occupation in a non-material sense1 to say that the primus occupans can maintain for himself or make over to another1 on certain conditions1 does seem to me an untenable position4 ,we must take into consideration what the preceding speaker has already proved1 that occupation from which a claim can be made1 and which one can consider as equivalent to the right of possession1 is inconceivable when the right is of a temporary nature4 ,but this is not all4 ,how can any one acquire by occupation anything that another at the same moment may occupy in precisely the same way8 ,how is it possible that two persons at precisely the same moment 7and this possibility is here not to be denied7 can by occupation be possessed of the same right8 ,i shall say no more on the first point4 ,the second point1 treating the question on the footing of literary property1 or ,copyright4 ,i freely admit that1 if ,i were convinced1 in case of our consenting to pass this ,bill1 we should be pronouncing the abolition of ,copyright1 ,i should recoil from giving my vote in its favour4 ,but the preceding speaker has1 in my opinion1 most clearly shown the points of difference between industrial and literary property4 ,i think ,i may be allowed to refer1 for further confirmation of the view ,i am taking1 to the observations of a man held in general consideration1 and of especial weight in this case1 inasmuch as he was ,president of the ,commission appointed by the ,british ,government to inquire into the question of the retention or abolition of the 8,law of ,patents40 ,i refer to ,lord ,stanley1 who1 in a debate in the ,house of ,commons on the #bith ,may1 to which the hon4 member for ,gorinchem appealed1 expressed himself with regard to the difference between ,patent-right and ,copyright in a manner so clear and distinct that ,i cannot even now see how ,i can improve upon his distinctions4 ,lord ,stanley said1 speaking of the distinction3 8,the analogy seemed a plausible one1 but he thought that1 on being looked into1 it would not hold water4 ,the difference was simply this3 he did not rest it on any abstract ground as to the distinction between invention and discovery1 but on the obvious fact that no two men ever did or ever would write1 independently of one another1 exactly the same book2 each book1 be it good or bad1 would stand alone2 whereas it might happen that two or three men1 quite independently of one another1 would hit upon the same invention4 ,that alone established a distinction between the two cases40 ,and he was perfectly right4 ,while it is impossible for two men1 independently of one another1 to write the same book1 it is not only possible1 but such a case has occurred1 for two men to make the same discovery--to light upon the same invention4 ,there are examples of this in the history of ,french industry4 ,daguerre and ,niepce both pursued that line of thought from which photography took its rise1 and the fact is so well ascertained that when the ,french ,academy of ,sciences had to come to a decision about assigning a reward for the invention1 they divided the reward between ,daguerre and the children of ,niepce1 then deceased4 ,in a report made by the present ,minister of ,public ,works in ,belgium1 ,m4 ,jamar1 with reference to property in drawings and models of machinery1 the question of ,patents is treated1 and ,i notice in it one highly important observation applicable to this subject under discussion4 ,it is known--it appears also in the supplement annexed to the ,official ,report--that at the conclusion of the first ,great ,exhibition in ,london1 the ,french ,commission brought out a report1 in which the renowned politician1 ,michel ,chevalier1 as the result of conclusions drawn from the ,exhibition1 declared himself in favour of unconditional abolition of ,patents4 ,how did ,michel ,chevalier come to that opinion8 ,the report to which ,i refer informs us1 and from it ,i extract the following passage3 8,on seeing at the ,exhibition in ,london1 at a few paces from each other1 the same machines1 the same tools1 new productions1 invented or discovered a thousand miles apart1 by men who arrived at the same result sometimes by different ways1 legislators and magistrates felt themselves bound to ask to what principles of justice and equity could one of these inventors appeal1 that he might obtain a temporary monopoly rendering abortive the efforts and experiments on the part of ten other inventors as persevering1 as conscientious1 and as intelligent as himself80 ,when ,michel ,chevalier1 at the ,london ,exhibition1 had seen a few paces from each other the same inventions1 presented as the mental produce of persons who lived thousands of miles apart1 and knew nothing of each other1 he might well say that it is impossible to recognise an exclusive right4 ,but here is another proof that industrial property and ,copyright cannot be put upon the same footing4 ,moreover1 ,patent-right precludes the possibility of the same thought being carried out1 at least for a time1 but ,copyright does not4 ,lastly1 the third point--the appeal to the feeling in foreign countries4 ,m4 ,heemskerk1 in his excellent speech of yesterday1 made it to appear that the feeling on this subject in foreign countries was that the abolition of ,patents was condemned4 ,it is perfectly true that at this moment1 in most of the ,european ,states1 there still subsist laws for conferring ,patents4 ,but must we thence infer in foreign countries an overwhelming conviction1 that there must be no abolition8 ,i do not think so4 ,there are1 in fact1 evidences on this point worth attending to1 which ,i shall proceed to lay before the ,house4 ,how is it in ,france8 ,the law of #ahdd is still in force2 but is it approved in ,france8 ,certainly not4 ,they are convinced that the operation of this law has given rise to the most serious difficulties4 ,this is a fact2 and this fact has led to several proposals for modification which have been pending for some years1 and are still pending1 although the ,french ,chambers get through their work more rapidly than we do4 ,the proposals have been already for several years pending1 because the carrying them out is hindered by the impression which the valuable report of ,michel ,chevalier has produced1 for every day the doubt gains force whether it is a question of improving the law1 or whether it is not much rather a question of putting an end to the granting of ,patents4 ,england--it is known that two investigations have taken place in that country4 ,one in #ahea1 by the ,upper ,house2 the other in #ahfb1 by a ,government ,commission1 which issued its report in #ahfe4 ,what was the result of the investigation in #ahea8 ,i find the result in the report of ,m4 ,jamar1 which ,i just now referred to4 ,i will read the following extract3 8,the result of this inquiry was remarkable4 ,lord ,granville had been ,president of the ,commission charged with presenting the ,bill1 which1 while it modified the ,law of ,patents1 respected or left untouched the principle4 ,the inquiry so completely modified his convictions1 that he did not hesitate to declare1 in the sitting of the ,house of ,lords on the #ast ,july1 #ahea1 that he considered the issuing of ,patents was an advantage neither for the inventors nor the public40 ,so the ,commission of ,inquiry1 which undertook the task of discovering what amendments could be made in the law1 came to the conclusion that it would be better to abolish ,patents4 ,i should occupy the ,house too long were ,i to quote all that ,m4 ,jamar1 in his report1 borrowed from this ,commission of ,inquiry4 ,i will content myself with remarking that1 among the witnesses examined1 and on whose testimony the opinions of the ,commission were founded1 there were men perfectly well qualified to form a judgment4 ,they were not only economists1 men of science1 but also men of business1 practical men3 ,cubitt1 ,president of the ,institution of ,civil ,engineers2 ,brunel1 the celebrated engineer2 ,ricardo1 ,member of ,parliament2 ,reid1 ,president of the ,committee for carrying out the ,great ,exhibition of #ahea2 and other industrial and commercial witnesses1 so described in ,jamar's report4 ,according to the same ,belgian report1 the testimony of the ,english judges was very remarkable4 ,they almost unanimously declared that it was impossible to apply the law1 and that they did not ascribe this impossibility to the application of the principle in itself4 ,lord ,granville declared also1 in a sitting of the ,upper ,house1 on ,july #ast1 #ahea1 that his opinion was formed from the sentiments of the judges2 and he added3 8,the only persons who derive any advantage from the ,law of ,patents are the lawyers4 ,except1 perhaps1 warrants for horses1 there is no subject which gives such an opportunity for roguery as the ,law of ,patents40 ,and one of the law lords of the ,upper ,house1 ,lord ,campbell1 declared1 after hearing the speech of ,lord ,granville1 that having been for nine years legal adviser of the ,crown1 and having had some experience in the matter1 he coincided perfectly in the opinion of ,lord ,granville4 ,the inquiry made by the ,english ,government ,commission led to the same result4 ,in the sitting of the ,lower ,house on ,may #bh of the present year1 of which ,i have already spoken1 ,lord ,stanley distinctly said that he had taken his place in the ,commission with the impression that the business before them was not to abolish ,patents1 but to take measures for the amendment of the ,english law on that subject4 ,during the inquiry1 however1 together with those who took part in it he had come to the conclusion that not only the existing law1 but every law on ,patents1 would meet with almost insurmountable difficulties1 because these difficulties do not lie in the application1 but are inherent in the principle4 ,m4 ,heemskerk made it appear yesterday that the result of the discussion of ,may #bh in the ,lower ,house was in favour of the continuance of ,patents4 ,i cannot go to such a length in my estimate of that discussion4 ,a motion was brought forward by ,mr4 ,macfie1 an ex- ,president of the ,liverpool ,chamber of ,commerce1 to declare that the time had now arrived for the abolition of ,patents4 ,at the end of the debate the motion was withdrawn by the proposer4 ,now1 the hon4 member for ,gorinchem has drawn the conclusion1 from the course pursued1 that the proposer durst not put his motion to the vote1 because he was certain of a minority4 ,the conclusion is somewhat hasty1 for nobody can tell--we at least cannot--what the vote of the ,lower ,house would have been had the motion been put4 ,besides1 the object of the motion appears in the speech of the proposer4 ,his chief aim was to invite discussion1 8to lay a general view of the subject before the ,house10 as he expressed it1 rather than to get a decision4 ,in his speech he also gave it as his wish that the subject should be again investigated by a ,government ,commission4 ,i am of opinion that1 from what ,i have said with reference to ,england1 the conclusion cannot be drawn that the retention of ,patents is there the unqualified and prevailing determination4 ,belgium3 ,the last law on ,patents1 the law of #ahed1 is there in operation4 ,i know not if it works well1 and perhaps it would have been worth while for the ,government to get such information4 ,meanwhile ,i have a thick volume here before me1 containing a commentary on the law1 which ,i have not read completely through4 ,it contains #cjj pages1 but ,i have run through it1 and it appears to me that the so-called commentary is in very many respects a criticism on the law1 and affords a proof that it by no means works so extremely well4 ,last of all1 ,germany3 ,m4 ,heemskerk spoke yesterday of the unanimity of the ,germans on the subject of maintaining ,patents4 ,i should not like to admit that unanimity so unreservedly2 there are facts1 at least1 opposed to that assertion4 ,this fact1 for example1 which we have extracted from an article in the ,nieuwe ,groninger ,courant1 just sent to us1 a proposal for the abolition of ,patents made to the ,north ,german ,bund2 and if this is carried out1 no more ,patents will be granted in a great portion of ,germany4 ,another fact3 so far back as #ahfd the ,prussian ,government asked the opinion of the ,chambers of ,commerce on the question whether or not ,patents should be maintained1 and of the #dg there were #ca for the abolition and #af against it4 ,i scarcely venture to speak of the economists1 otherwise ,i would appeal to the ,german ,economic ,congress of #ahfc1 which pronounced ,patents injurious to the national welfare4 ,but there is one argument which has more weight with me than any other4 ,i am thoroughly persuaded that a good law on ,patents is an impossibility4 ,it is1 indeed1 matter of regret that the hon4 member for ,gorinchem1 when he was in the ,ministry1 did not try to present a good law to the ,legislature4 ,he was the right man for it4 ,he will1 however1 do me the justice to believe that1 when ,i say this1 ,i do not mean to censure him2 what ,i do mean is to express my regret4 ,he is open to no censure1 for during the time he held office he attended so assiduously to his duties that even his most violent political opponents were compelled to do him honour4 ,but yet it is to be regretted that when he was ,minister he did not propose an amendment of the law of #ahag4 ,we should then have seen whether it was possible or not to have a good efficient law on ,patents4 ,for my part1 ,i have arrived at the conclusion that it is an impossibility4 ,this is the impression made when one goes over foreign laws on ,patents4 ,there is not a single good one among them1 nor one which does not give rise to difficulties which hitherto have been found to be insurmountable4 ,but there is a further objection4 ,according to my notions1 there is a formidable stumbling-block which is directly encountered when one sets to work to frame a law on ,patents4 ,the question at once presents itself1 must it not be proved that the person who demands the privilege has a right to it8 ,when has the claimant that right8 ,when it is proved that his invention has for its object a new industrial product1 or a new operation1 or a new application of an operation already known1 to obtain an industrial result or an industrial product4 ,the words which ,i here employ are taken from ,art4 #b of the ,french ,law1 which1 in my opinion1 exactly express the object of the law4 ,i now ask1 if a ,government is in a position1 in this sense1 to examine the claim of an applicant for a ,patent8 ,i shall endeavour to prove that a ,government is not in such a position1 and ,i cannot do better than quote the words of the author of the report on the ,french ,law of #ahdd1 the celebrated ,philippe ,dupin4 ,we know that the ,french ,law does not undertake the preliminary investigation2 and1 therefore1 as we have been already reminded by ,m4 de ,bruyn ,kops1 when an announcement is made of articles for which a ,patent is granted in ,france1 the letters ,s4 ,g4 ,d4 ,g4 7sans garantie du ,gouvernement7 are generally added4 ,now1 hear what ,philippe ,dupin says in justification of that principle of ,french ,law1 and to prove the impossibility of a preliminary examination on the part of the ,government3 8,the preliminary examination would be the establishment of a censorship in matters of industry4 ,and how could this censorship be carried out8 ,how1 for example1 are we to decide that an industrial fact is new1 and that it has not been produced in the course of manufacture or in the retreat of an obscure and industrious workman8 ,how are we to foresee and judge the amount of utility in a discovery just made1 before it has been developed1 before it has been put to the proof8 ,who will take part in this debate8 ,who will represent the parties interested8 ,where are the judges to come from8 ,who will exercise this jurisdiction by guesswork in the regions of thought and futurity8 ,shall it be a clerk turned into a judge of what he does not understand8 ,shall we take a practical man1 who is often only a man of routine1 to judge a man of theory and inspiration8 ,shall we invite philosophers8 ,but if they are philosophers1 they are not to be supposed to know everything1 and they have their preferences1 their prejudices1 their own sets2 and the applicant1 perhaps1 contradicts their doctrines1 their works1 their ideas4 ,these are incontestable impossibilities4 ,it has been said1 with as much wit as reason1 in such matters the only suitable proceeding is experience1 the only competent judge the public40 ,so much for experience4 ,but1 ,mr4 ,president1 if a ,government is not in a position to decide whether the claimant of a ,patent has a right to it1 can it be sanctioned in granting a privilege blindfold which establishes a temporary monopoly8 ,according to my view1 this is a formidable1 almost insurmountable1 stumbling-block1 which1 in my deliberate opinion1 will always stand in the way of a good and efficient ,law of ,patents4 ,i1 therefore1 am of opinion that no other satisfactory course is open to us than to abolish ,patents4 ,m4 ,,van ,,voorthuysen will not enter into many details1 the subject having been considered both from a juridical and an economical point of view4 ,he will1 therefore1 restrict himself to a few remarks on ,m4 ,heemskerk's speech4 ,the hon4 member acknowledges the satisfaction the project gives him2 it gratifies the feelings to which he has given vent a great many times4 ,it has been said that the measure was a step backward1 as ,patents have taken the place of exclusive privileges to guilds4 ,at the time the ,patent-right was assuredly an improvement on the then existing system2 but we have been progressing so much since then that at present nothing short of abolition will satisfy the wants of progress4 ,he also refers to the conclusion arrived at by ,lord ,stanley1 which point ,m4 ,heemskerk has left unnoticed--viz41 #ast1 that it is impossible to reward all who deserve to be rewarded2 #bnd1 that it is impossible to reward adequately to the service rendered to society at large2 #crd1 that it is impossible to hold third parties harmless from damage4 ,and1 in fact1 the alleged instance of the ,daguerre prize having been divided with another who equally proved his claim to the invention1 speaks for itself4 ,it is doubtful who was the first inventor of the steam-engine2 there are several1 at least1 who claim the invention as their own4 ,there is another point he feels bound to refer to4 ,m4 ,heemskerk has said that abolishing ,patents constitutes an attack upon the right of property1 and that deputy cautions against a first step1 perhaps to be followed up by others4 ,this being a very serious inculpation1 the hon4 member has asked the opinion of an eminent jurist1 whom he will not name as yet1 whose authority ,m4 ,heemskerk is not likely to deny1 and who is in many respects congenial with that esteemed deputy4 ,the hon4 member reads that opinion of one of the foremost opponents of ,patent-right1 who calls it an obnoxious and intolerable monopoly4 ,and who is that clever jurist8 ,it is ,m4 ,wintgens1 who very likely owed to his extraordinary acquirements in law matters his appointment to the ,department of ,justice in the ,heemskerk van ,zuylen ,ministry4 ,m4 ,,fock 7,secretary of ,state for ,home ,affairs7 will not have much to say1 after all which has been argued in yesterday's and to-day's ,session1 in defence of the project4 ,nevertheless he will indulge in a few remarks on the final report4 ,with a view to the same1 ,m4 ,heemskerk submits the maintenance of ,patents for inventions1 but the repeal of those 8of admission40 ,but the ,minister calls the attention of the ,house to the circumstance that the ,patents for inventions which are being granted may aggregate to ten a year or thereabout4 ,what should remain for us to keep8 ,or else agents here will apply for ,patents on foreign inventions1 so that 8,patents of admission0 will re-appear under a different denomination4 ,m4 ,godefroi has already pointed to instances abroad1 and the ,minister can but add that1 despite ,m4 ,heemskerk's assertion to the contrary1 the ,prussian ,government is by no means favourably disposed to the ,patent-,law4 ,in ,december1 #ahfh1 ,count von ,bismarck addressed a message to the ,north ,german ,confederation1 embodying the opinion of the ,prussian ,government in favour of repeal1 and even hinting that ,prussia would not mind taking the lead in the matter4#i ,after entering into a few more details concerning the final report1 the ,minister once more demonstrates that ,patents are great impediments to industry and free-trade1 and that it is in the public's interest that they should be abolished4 ,the ,netherlands1 having once been foremost in doing away with the tax on knowledge1 must not now shrink from conferring entire freedom on the field of industry4 ,that is no reaction4 ,is it reaction to break off with an intolerable state of things8 ,no2 it is progress1 and leads to free development4 ,the ,minister concludes with a citation from ,michel ,chevalier1 and declines to take ,m4 ,heemskerk's hint of deferring the discussion on the project4 ,m4 ,,heemskerk ,,azn replies4 ,he tenders thanks for the urbanity observed throughout the discussion4 ,but it is undeniable that his opinion agrees with the existing right and the prevalent ideas in ,europe and ,america4 ,of course1 if revocation is intended1 improvement of the law has to be given up4 ,in reply to the ,minister1 he has no doubt but that the desire for revocation originated in ,prussia1 but he has said that in ,germany the tide has turned in favour of ,patents1 on the strength of the 8,deutsche ,industrie ,zeitung0 and ,klosterman's recent work4 ,the revocation of the ,patent-,law may have been contemplated1 but the ,prussian ,government is not now disposed to have the idea carried out4 ,he asks but for what the ,english equally asked for--i4e41 a renewed inquiry4 ,what1 after all1 is foreign experience to the exercise of law in the ,netherlands8 ,how does the project tally with the establishment of a new division of industry in the ,department for ,internal ,affairs1 the chief occupation of which is the granting of ,patents8 ,he will not argue with the ,minister on general remarks1 but merely on the one relating to the abolition of newspaper stamps4 ,why has that tax been repealed8 ,if henceforth a larger quantity of paper be covered with print1 the tax has most likely been done away with to promote the diffusion of general knowledge4 ,he supposes1 however1 the ,minister will agree with ,cicero1 who says that fame acquired by means of deeds which are not useful is but vanity4 ,the stamp duty has been repealed in order to be useful4 ,and in the present case1 will the ,minister deny all benefits to him who does his utmost1 so as to be useful8 ,he replies also to the several members who have made speeches2 he contradicts ,m4 de ,bruyn ,kops about a general disposition supposed to exist in ,france towards revocation of ,patent-,laws4 ,michel ,chevalier only has changed his mind1 but there is no opinion prevailing against ,patents4 ,quite recently both ,joseph ,garnier and ,wolowski have refuted ,chevalier's arguments4 ,the hon4 member further insists upon his interpretation of the ,parliamentary debates in ,england1 and names several instances of inventors having acquired wealth4 ,he does not admit that there is a difference between ,patent-right and ,copyright2 imitation of articles of fabrication is1 and will remain1 as immoral as it is unfair4 ,he shrinks from touching the legal side of the question1 but asks whether1 because of the ,patent-right being restricted to a fixed time1 the conclusion must needs be drawn that absolutely no right should exist1 and that there should be no plea in equity whatever for an inventor to get rewarded for his labours8 ,does the abstract question of occupation of immaterial things cripple that hypothesis in any way8 ,he considers it from a more general and social point of view1 and vindicates his assertion that an inventor is entitled to a certain amount of protection for his work1 by which1 at all events1 he renders a service to society2 that ,patents are incitements to many useful inventions and to industry1 which is equally ,m4 de ,bruyn ,kops' opinion1 as stated in his work on political economy4 ,he has been asked why1 when in the ,ministry1 he did not introduce a ,patent ,reform ,law4 ,in the first place1 he begs to observe that much was to be done then1 and besides1 considering the smallness of our country1 he indulged in the anticipation that the idea of an international agreement might gradually have gained ground4 ,should he1 however1 have lived longer 7politically speaking71 he would most likely have introduced a ,bill for remodelling the ,patent-,law4 ,as for ,m4 ,wintgen's opinion1 it is almost superfluous to say that one is not bound to have in every respect homogeneous ideas with one's political friends4 ,in reply to the question why1 as a member of the ,house1 he does not make a proposal1 he accepts the invitation1 and will in ,september next be prepared to take1 as a member of the ,house1 the initiative of presenting a ,bill for ,reforming the ,patent-,law1 provided the project now pending be no longer discussed4 ,m4 ,,van ,,zinnick ,,bergmann replies1 and maintains his opinion about the justice of the ,patent-right4 ,m4 ,,de ,,bruyn ,,kops refutes ,m4 ,heemskerk's reply1 and demonstrates1 by means of fresh examples1 that the ,patent-right is intolerable and most obnoxious4 ,he considers the question now merely economically2 ,,mm4 van ,houten and ,godefroi having so ably discussed the legal points4 ,the large benefits acquired by a few are1 as taken from his point of view1 prejudicial to the public at large1 and against these few advantages there are great damages1 as large capitals dwindle away in the chase for the snare of ,patents4 ,m4 ,heemskerk himself favours the revocation of ,patents on the right 8of admission40 ,what is left after that8 ,nothing but the ,patents of invention4 ,why not try entire freedom and removal of all impediments8 ,m4 ,,godefroi will add one word more with reference to ,m4 ,heemskerk's readiness in accepting the challenge1 of framing a new project of law1 and he must say that1 whatever be the nature of such proposal1 it can hardly be expected to satisfy those who condemn the principles of ,patent-,law4 ,but the orator who is so well posted must certainly have framed already the main points from which the project would have to be formed4 ,by stating and explaining those points1 he would have done more service to the ,house than by mere opposition to those who favour abolition4 ,the hon4 member repeats the important query1 whether ,patents should be granted without previously inquiring into the merits of the case2 and then ,government would have to give its opinion just as well on an improved chignon as on an improved steam-engine4 ,m4 ,,gefken gives his motives for voting in favour of the project4 ,he says1 where there is a right of property1 it must be permanent1 and even transferable to the heirs2 but a guarantee for a few years would not do4 ,he consequently does not recognise the right of property1 and merely considers the question with a view to usefulness2 and1 as far as that goes1 his experience in administrative and juridical offices has taught him that ,patents are not actually useful1 and1 on the contrary1 lead to speculation and impede the development of many a useful concern4 ,he favours free competition4 ,m4 ,,van ,,voorthuysen will not revert to ,m4 ,bergmann's remark about his being accustomed to recapitulate the debates1 but denies having intended to force upon him the authority of ,m4 ,wintgen's opinion4 ,such is not the case2 but the fact of the opinions of two such jurists as ,,mm4 ,godefroi and ,wintgen agreeing has set his mind at rest as far as legal opinion is concerned4 ,m4 ,,heemskerk ,,azn replies to ,m4 ,godefroi1 and does not see why he should just now go and sketch his project4 ,give him time and opportunity1 and he will introduce a ,bill1 provided this project be deferred2 and1 in fact1 what are they making such haste for8 ,minister ,,fock maintains his sayings about the ,prussian ,government favouring revocation1 and further explains that the new division in his department has no connexion with ,patents1 but was made so as to concentrate all matters referring to industry4 ,as for the right of property in inventions1 he would merely add that1 according to our legislation1 ,patents are but favours1 which may be granted or not1 as the case may be4 ,hereupon the discussion is closed4 ,with reference to ,art4 #a1 ,m4 ,lenting asks1 why the date on which the new law has to take effect should be fixed for the #ast ,january next4 ,he would prefer that the words be1 8,after the day of the publication of the law20 then no new ,patents would be granted1 those already applied for only excepted4 ,the ,minister inserts the amendment1 after which ,arts4 #a and #b are passed4 ,the project is then put to the vote1 and passes the ,house by #di ayes against #h noes4 ,against it voted ,,mm4 ,bichon1 ,bluss1 ,vader1 ,hofmann1 ,heemskerk ,azn1 ,van ,wassenaer1 and ,van ,zinnick ,bergmann4 #h ,for this translation ,i am indebted to the ,foreign-office1 to whose reports ,i have been politely allowed access4 #i ,this admirable document is prefixed1 see page #ahe4 ,,from ,,the ,,dutch ,,government ,,memorial4 ,the project of law1 which is accompanied by an extensive memorial of explanation1 contains the following stipulations3-- ,article #a4--;,from and after the #ast of ,january1 #ahgj1 no fresh ,patents for inventions and improvements1 or the first introduction of objects of art and industry1 shall be granted1 those only excepted for which application shall have been made previous to that date4 ,article #b4--,the term for ,patents formerly granted or deliverable within the provisions of ,article #a of this law may be extended in accordance with the law of #beth ,january1 #ahag4 7,vide 8,staatsblad10 ,no4 #f47 ,the memorial says1 inter alia3-- 8,in order to let ,netherlands industry and ,netherlands people reap the benefit of the bulk of improvements in industry1 the best course to take appears to be the repeal of the ,patent-,law4 8,the first requisite of a reform of the existing legislation on ,patents would be to more completely guarantee their rights to inventors1 they being by no means sufficiently protected by the provisions of the law now in force4 8,considering1 however1 the consequences of any kind of ,patent-,law1 the means that are to be employed and the expenses to be incurred1 so as to render all parties interested quite familiar with the ,patents granted2 the fact that1 in consequence of the development of industry1 the number of ,patents is increasing1 the result of which is more and more to burden the exercise of the sundry branches of industry with a larger portion of obstructive privileges1 besides the abuses and wrong practice to which they lead2 in one word1 the price which the public have to pay1 compared with the very few inventors1 whose advantage is even at best uncertain--considering all these points1 there can hardly be a doubt as to the choice the ,netherlands ought to make1 placed as they are between the dark path leading to more obnoxious privileges and the highway where freedom of movement prevails40 ,we subjoin the following1 with which we have been favoured1 on the same subject3-- ,the project of law to repeal the ,act of #ahag for granting exclusive rights on inventions and improvements of objects of art and industry1 has given general satisfaction in four ,committees of the ,house1 and many have received it enthusiastically4 ,by introducing this ,bill1 ,government has satisfied a desire which of late was frequently manifested by members of the ,house4 ,the memorial of explanation1 with its vouchers1 gives full particulars of the objections raised against the ,patent system4 ,most members1 in fact1 simply gave their adhesion in substance1 without considering it necessary to 8motivate0 their opinion4 ,a few ,members of one of the ,committees did not agree with absolute repeal1 and even held such a measure to be at variance with justice and equity2 they recognised the law of #ahag to be defective and in many cases impracticable2 they granted that when a reform might be arrived at 8,patents of admission0 ought not to remain in force2 but they did not see why1 on account of the insufficiency of the law in this country1 8,patents for invention0 should be abolished as well4 ,there are a good many industrial inventions which cost the originator vast mental labour1 sometimes even heavy pecuniary sacrifice4 ,by means of his invention he renders society a service which entitles him to enjoy1 for a fixed period at least1 the exclusive benefit of bringing it into operation4 ,should this benefit be denied him1 it would be but fair that the ,state should give him a reward2 this1 however1 is subject to difficulties of a peculiar nature4 ,the opinion that the repeal of the law would leave intellectual property altogether unprotected1 may be refuted by the fact that the principle of intellectual property cannot possibly form the basis for a ,patent-,law4 ,although it was emphatically proclaimed in the ,french ,legislature of the first years subsequent to the ,revolution of #aghi1 it will not stand the test of sound criticism4 ,could right of property be admitted in this case1 it ought to be permanent1 and not temporary4 ,yet no ,legislature ever dared to extend the so-called right1 even for the inventor's lifetime2 the terms were generally ten1 twelve1 fifteen1 and1 at most1 twenty years4 ,another circumstance1 which is in downright contradiction with the notion of right of property1 is the fact that everywhere ,patents are granted only on payment of a certain sum4 ,if ,patents are to be defended at all1 better try to do it on a principle of utility4 ,some appearances are in favour of the plea that anticipation of reward and pecuniary benefit originates useful inventions2 but pecuniary experience has taught that although every now and then this may be the case1 still the very existence of a strict ,patent-,law1 is1 on the whole1 a decided hindrance to industry2 that the inventor's benefit from his ,patent is1 in most instances1 but doubtful1 whereas by doing away with this artificial encouragement1 inventions will not1 on this account1 remain in the bud undeveloped4 ,a strict ,patent-,law is subject to strange drawbacks1 which have been chiefly demonstrated by the inquiry in ,england2 whilst in ,holland the well-known decision of the ,supreme ,court of #ahdf has well-nigh vitiated it4 ,under the circumstances1 no choice was left our ,government but between a stricter law than before and complete freedom4 ,very justly it has declared in favour of the latter1 and1 as it states1 chiefly ,switzerland in its eye1 where very many branches of industry are in a most flourishing condition1 ascribable1 in part at least1 to the very absence of ,patent-,laws1 with their escort of drawbacks and law-suits4 ,there the manufacturer goes upon his own errand1 avails himself of inventions made by others1 and1 if he cannot at once get at the bottom of the same1 tries to arrive at them through his own exertions and his own ponderings4 ,the step taken by ,government deserves the more approbation1 inasmuch as no legislation can sufficiently guarantee to the real inventor that exclusive right which is considered a reward for the service rendered to society4 ,not seldom it happens that the inventor is a scholar1 who makes the fruit of his labours public1 leaving to others the deriving pecuniary benefits from it4 ,some persons1 adverse to ,patent-,laws1 cannot yet make up their minds as to the new system being in accordance with morality1 and perhaps be an encouraging of the dishonesty which lies in the appropriation of another man's invention1 thereby reminding the ,netherlander of ,gttenburg4 ,to this we may bring forward the argument that1 as far as the deed ascribed to that ,german falls within the limits of theft1 or of violation of contract between master and servant1 nobody will defend it2 but in the circumstance that ,gttenburg1 having once mastered the art1 applied it to bring it into operation1 and by exerting his intellect1 raised it to a much higher pitch of perfection1 there lies nothing dishonest4 ,if these proceedings be incriminated1 then the principle ought to be transferred to another field--that of trade4 ,then the merchant who takes advantage of a new outlet or a new branch of commerce inaugurated by another1 ought to be reprobated2 but if so1 farewell to all competition--nay1 to the very principle of free-trade4 ,a few of the supporters of the ,patent-,law ask whether ,copyright does not rest upon the same basis as the exclusive right to inventions1 and whether the new law will not be followed in its wake by the ignoring of literary property4 ,but against a few similarities we have a material difference in substance4 ,if not all1 yet most literary productions bear such a marked stamp of individuality1 that intellectual property cannot be contested4 ,however it may be1 the different subjects have each their own laws1 and both authors and publishers we quite leave out of the question4 ,,opinion ,,of ,,the ,,leading ,,journal ,,of ,,holland1 ,,the 8,,algemeen ,,handelsblad40 ,in the history of the ,netherlands economy1 the #bbnd ,june1 #ahfi1 will be long remembered4 ,whatever shall be the decision of the ,first ,chamber1 the fact of the ,law ,bill having passed the ,second ,chamber by #dh yeas against #h noes is a highly gratifying occurrence4 ,the chief feature in the opposition on the part of the ,conservatives was the able speeches made by their leader1 ,m4 ,heemskerk1 in order to prove that invention confers a right of property4 ,without going into the merits of the case1 we cannot help recording that1 in the opinion of those that side with ,m4 ,h41 it must be a suggestive circumstance that1 despite all the earnest pleading of the honourable gentleman1 #dh out of #eg representatives1 of men of the highest moral and intellectual standing1 did vote for abolition1 and still did not intend despoiling anybody of his own4 ,invention is the effusion of thought1 and just as thought cannot but be free1 so invention must be the same4 ,we hope that the ,netherlands will not long remain alone in this instance4 ,at any rate1 we may be proud of the overwhelming majority of men able to understand the real means of progress4 ,,extract ,,from ,,an ,,obliging ,,private ,,letter4 ,amsterdam1 ,june #bh1 #ahfi4 444 ,in some respects1 the rather powerful arguments of the members who were favourable to the continuance of the system of ,patents--and who contended that an inventor1 the same as an author1 has a right to protection of his individual mind-work--were defeated1 principally by the pretty general opinion of the majority that it would be next to impossible to adopt any new ,law on ,patents efficient to protect one inventor without at the same time injuring not only some brother-inventor1 but also the public at large4 ,,from ,,the 8,,frankfort ,,journal10 ,,july #ba4 ,the abolition of the ,patent-,laws in the ,netherlands will1 it is evident1 not remain without influence on the decision which other ,european ,states1 and in particular those of ,germany1 will form in regard to these laws4 ,of the two countries1 one of which is in possession of the sources of the ,rhine1 and the other of its mouths--the former the most industrious country in the world1 never had a ,patent-,law2 the latter1 eminent for its foresight1 dispenses with those laws4 ,through this act are intensified the unsatisfactory circumstances which the existence of these laws produces1 and the want of confidence which is felt in their advantage to inventors and the public4 ,the number of their defenders is constantly declining4 ,people are daily more and more becoming convinced that these laws belong to the same category as the ,usury-,laws and the ,corn-,laws1 and other similar excrescences introduced by bureaucracy1 and that they should be thrown into the lumber-room of laws which effect the very reverse of what they profess to do4 ,they stop progress4 ,inventions of importance can always be made useful to the inventors without ,patent-,laws4 ,great inventors might perhaps be indemnified by ,government on behalf of a nation1 but as for the innumerable herd of small inventors who prosecute inventing as a trade1 they cause the consumer severe injury instead of benefiting him4 ,since ,patents for inventions in ,germany do not extend to protection against dealing in foreign articles patented here1 we may consider the abolition of ,patents in the ,netherlands a reason why ,patent monomaniacs should now ask themselves whether the cost is likely hereafter to yield a good return4 ,,proceedings ,,in ,,liverpool ,,chamber ,,of ,,commerce4 ,at a meeting of the ,council on ,july1 #ahfi1 ,e4 ,k4 ,,muspratt1 ,esq41 rose and spoke to the following effect3-- ,mr4 ,president1--,i rise to call your attention to the late debate on the ,patent-,law4 ,this ,chamber has frequently expressed its dissatisfaction with the working of the present law1 and after the issue of the ,report of the ,royal ,commission on the subject1 endeavoured to bring about an inquiry into the policy of granting ,patents for inventions4 ,i cannot but think the time has now arrived for further action in this matter4 ,the late debate upon the motion of ,mr4 ,macfie has re-awakened public interest in the subject1 and it is gratifying to note1 both in the debate itself and the subsequent discussion in the newspapers1 that the formerly very prevalent idea of a natural property in inventions has been tacitly abandoned4 ,in some of the arguments used the old fallacy seems to lurk1 for the ,pall ,mall ,gazette1 in a very able article1 says3 8,it is plausible to say that if there were no property in invention every one would get the benefit of all inventions2 but this appears to us to have some analogy to the notion that if there were no property in land every one would get the benefit of the crops40 ,there is1 however1 a very great difference1 because an invention cannot possibly yield all the benefits which society can derive from it until it becomes public property2 whereas all experience proves that land1 in order to yield the greatest results1 must become and remain individual property4 ,let us discard1 therefore1 all comparison of property in invention with other property1 and discuss the subject as one of expediency4 ,is it the interest of the community at large that ,patents should be granted for inventions8 ,i am not prepared to say whether or not inventors should be remunerated by the ,state2 but1 after mature consideration1 ,i have come to the conclusion that1 in the interests of the nation and of all engaged in industry1 ,patents for invention should be abolished4 ,a ,patent is a monopoly1 a patentee a monopolist4 ,when the ,protectionist system was in vogue1 ,patents which were in full harmony with that system could be justified2 but in these days of ,free-trade all monopolies which act in restraint of trade should be abolished4 ,some of the arguments used in support of the system of ,protection to inventors by granting to them a monopoly of manufacture are1 to my mind1 very similar to those used in former days in support of other monopolies4 ,before the repeal of the ,navigation ,laws1 it was said that without them our marine would be destroyed1 and no more ships would be built1 because there would be no inducement to build them4 ,without ,patents1 say the defenders of the system1 there will be no inventions1 because there will be no special inducement to make them4 ,we maintain1 however1 that under a freer system invention would be stimulated1 and not restrained4 ,as was well pointed out by ,sir ,r4 ,palmer in his able speech1 8,bounties and premiums might be adapted to a rude state of the arts and an early stage in the progress of commerce2 but when a nation had reached so high a degree of progress in all ingenious arts and discoveries1 and in trade and commerce1 as we had1 he thought that in this department1 as well as in others1 the system of bounties and premiums was much more likely to be mischievous than useful40 ,he then very clearly showed how the ,patent system worked2 how1 in the place of securing the reward to great and meritorious inventions1 it gave a monopoly to the first claimer of those minor improvements which he classed as unmeritorious ,patents1 and which improvements would necessarily be made in the ordinary progress of manufacture4 ,as an example of this1 ,i may mention the manufacture of artificial manures4 ,the modern history of manures dates from the publication of ,liebig's book in #ahdj1 in which the conversion of insoluble into soluble phosphate of lime is recommended4 ,this suggestion has been perhaps more fruitful in results than any other of modern times1 and forms the basis of the enormous manufacture of super-phosphate and other artificial manures4 ,it was patented in #ahdb1 not by ,liebig1 but by ,mr4 ,lawes2 and since that period various improvements in the manufacture have been patented1 but the real inventor has never been rewarded4 ,there can be no doubt that without a system of ,patents all of the subsequent minor improvements would have been made in the ordinary course of trade2 and one of the main objects of the ,patent-,law1 to secure a reward to the inventor1 has1 in this instance1 as in many others1 failed of accomplishment4 ,then1 on the other hand1 all these minor improvements1 being patented1 stand in the way of further progress1 and if the manufacturer wishes to adopt a new process1 or to improve his manufacture1 he must do it at the peril of litigation with some unknown person1 who at some time or other has thought fit to claim for himself a monopoly4 ,no matter whether his claim be good or bad1 it stands in the way of improvement until it is either disclaimed by the patentee himself or pronounced invalid in a court of law4 ,as an example of how1 under the present system1 a patentee may create a virtual monopoly and embarrass manufacturers even when his claims are1 according to his own showing1 to a very great extent invalid1 permit me to draw your attention to a ,patent1 ,no4 #ab1hfg1 ,a4,d4 #ahdi1 for compressing peat for fuel1 making gas1 c41 and with which ,i unfortunately became acquainted1 because the patentee1 under another ,patent 7connected1 however1 with the first71 endeavoured to make my firm pay him for the use of a substance in the manufacture of sulphuric acid4 ,now1 the patentee1 ,mr4 ,f4 ,c ,hills1 finding1 ,i presume1 that in its first state his ,patent was invalid1 filed what is technically termed a disclaimer1 in #ahec2 and on comparing the original specification1 which is very long and consists of about #bcj lines1 ,i find at least one-half is disclaimed4 ,this ,patent secured to ,mr4 ,hills the monopoly of the purification of gas by means of oxide of iron2 and although1 owing to the exertion of the ,liverpool ,gas ,company1 he failed to have it renewed at the expiration of fourteen years1 by a subsequent ,patent for the use of the said oxide 7after it has been used in the purification of gas7 in the manufacture of sulphuric acid1 he continues virtually to enjoy that monopoly1 and to prevent chemical manufacturers having access to what1 under certain circumstances1 may be a cheap source of sulphur4 ,and this ,i would wish you to bear in mind1 although the second ,patent is undoubtedly invalid4 ,it would detain you too long were ,i to enter into full detail on the subject1 but ,i may mention that our firm used some #b1jjj or #c1jjj tons of this gas refuse from the ,liverpool ,gas ,works1 when pyrites was high in price2 and it was only because of the annoyance and waste of time which a law-suit would have cost that we relinquished its use in our manufacture when the price of pyrites fell4 ,but this case is but a sample1 and ,i have no doubt every manufacturer has experienced similar loss and inconvenience from the action of the ,patent-,law4 ,when we consider that there are at the present moment #aa1cfi ,patents in force1 most of them as invalid as that to which ,i have referred1 and acting as a restriction on manufacturers1 we may form some idea of what the community at large has to pay for the luxury of a ,patent-,law4 ,but it may be said these objections are due to the imperfections and mal-administration of the ,patent-,law4 ,i would refer you1 then1 to the ,report of the ,royal ,commission1 which1 in conclusion1 says that 8these inconveniences are1 in their belief1 inherent in the nature of a ,patent-,law1 and must be considered as the price which the public consents to pay for the existence of such a law40 ,there is1 however1 another aspect of the question which must not be lost sight of4 ,the ,lower ,house of the ,states-,general of ,holland has1 by a large majority1 voted the abolition of ,patents4 ,in ,switzerland they don't exist2 and in ,prussia1 owing to a very strict preliminary examination1 faithfully carried out1 they are very few in number4 ,we in this country have to compete with the manufacturers of these countries2 and is it fair1 ,i would ask1 that we should be thus weighted in the race8 ,i beg to move that a petition be prepared for presentation to the ,house of ,commons1 praying for the appointment of a ,committee to inquire into the policy of granting ,patents for invention4 7,the motion was unanimously adopted47 ,,correspondence4 ,the subjoined letters1 with which ,i am favoured1 will be read with interest and advantage3-- ,,from ,,sir ,,william ,,armstrong1 ,c4,b4 ,as to the cost of the system to the public1 ,i don't see how it could be calculated1 for it consists not merely of the licence fees1 but also of the loss resulting from the stamping out of competition1 which would cheapen production and1 in most cases1 lead to improvement4 ,my great objection to our indiscriminate ,patent system is1 that it is scarcely possible to strike out in any new direction without coming in contact with ,patents for schemes so crudely developed as to receive little or no acceptance from the public1 but which1 nevertheless1 block the road to really practical improvement4 ,nothing1 ,i think1 can be more monstrous than that so grave a matter as a monopoly should be granted to any person for anything without inquiry either as to private merit or public policy--in fact1 merely for the asking and the paying4 ,amongst other evils of this indiscriminate system is that the majority of ,patents granted are bad1 and yet such is the dread of litigation1 that people submit to a ,patent they know to be bad rather than involve themselves in the trouble and expense of resisting it4 ,so that a bad ,patent1 in general1 answers just as well as a good one4 ,one of the most common arguments in favour of ,patents is1 that they are necessary to protect the poor inventor1 but it is manufacturers and capitalists1 and not working men1 who make great profits by ,patents1 and that1 too1 in a degree which has no reference either to the merit of the inventor or the importance of the invention4 ,one rarely hears of a working man making a good thing of a ,patent4 ,if he hits upon a good idea he has seldom the means of developing it to a marketable form1 and he generally sells it for a trifle to a capitalist1 who brings it to maturity and profits by it4 ,he could sell his idea just as well without any ,patent-,law4 ,may #ac1 #ahfi4 ,,from ,,another ,,high ,,practical ,,authority1 ,,likewise ,a ,,notable ,,inventor4 ,i would not for one moment deny that instances could be named in which the absence of a ,patent-,law might have proved a hardship to a real inventor1 but ,i feel quite satisfied in my own mind that whatever may hitherto have been the case1 the time has now fully arrived when infinitely less injustice would1 upon the whole1 be occasioned by the absence of all ,patent-,laws than by the best ,patent-,law that could be devised4 ,all ,patents for inventions must be considered as founded upon expediency and not upon the idea of any inherent right which the inventor possesses beyond the right of using his invention1 or keeping the secret of it to himself4 ,a community may consider it to their advantage to protect inventions by means of ,patent-,laws1 but a man can have no abstract or natural right to the exclusive benefits of his invention1 for such an idea would imply that nobody else could have produced it4 ,the question is1 therefore1 entirely one of expediency1 but not one of right4 ,again1 a very common argument used in support of a ,patent-,law is that an inventor is as much entitled to an exclusive right to his invention as an author is to the produce of his pen1 but there is really very little resemblance between the two cases1 and ,i believe it would be very inexpedient to utterly abolish ,copyright4 8,paradise ,lost0 would never have been written but for ,milton2 but with the utmost respect for ,bell1 ,fulton1 and ,stephenson1 who would pretend to believe that without them we should still have to be dependent upon the wind for our movements at sea1 and the common road ashore8 ,a man who writes a book does not interfere with me in the slightest degree1 but the inventor1 or more probably the so-called inventor1 backed by the ,patent-,law1 may most unjustly involve me in much trouble and expense4 ,i should be very glad to see a good round sum set apart by ,government for the purpose of being awarded to real inventors by competent and impartial authority4 ,then the poor inventor might have some chance4 ,you will certainly1 in my opinion1 have done a good turn to this country if you can only get every vestige of ,patent-,law swept from the statute-book1 and with my best wishes for the success of your motion1 ,i am1 c4 ,,from ,,andrew ,,johnston1 ,,esq41 ,m4,p4 #gth ,july1 #ahfi4 ,,my ,,dear ,,sir1 ,i am glad to hear that you intend printing the results of your inquiries as to the operation of the ,patent-,laws1 as the conclusions at which you have arrived tally entirely with my own experience as a manufacturer4 ,i had no opportunity of speaking in the recent debate on your motion1 and will therefore put down one or two points which have specially presented themselves to my attention4 ,i am not biased1 ,i believe1 by self-interest1 as the business with which ,i am connected has profited to a considerable extent by the purchase of patented inventions2 but it is my firm conviction that the commonwealth would benefit by the refusal of the ,state in future to grant ,patents4 ,nothing can be more superficial than the objection that the intelligent working man benefits by the present system4 ,for one such who really benefits by his invention1 ten sell theirs for the merest fraction of its value2 ten others who may get a fair price are led1 by the possession of the capital sum so obtained1 to give up regular employment1 and generally 8muddle away0 all the money in seeking to 8invent0 afresh1 while the remaining seventy-nine reap nothing by their invention but disappointment1 privation1 and misery4 ,abolish ,patents1 and these men would stick to regular work4 ,they would choose the service of employers who had a name for liberally rewarding their workmen for ingenious and profitable inventions1 and also for the insight necessary to decide whether inventions were so or not4 ,employers would vie with one another in getting such a name1 and the whole tone and level of the artisans would be perceptibly raised1 while useful invention would proceed faster than at present1 because the certainty of moderate rewards would stimulate men more than the remote chance of large ones4 ,no doubt you want facts rather than opinions4 ,i can testify to this much as to another branch of the subject3 when there is an infringement of a ,patent1 or supposed infringement1 and an appeal to the law is in prospect1 it never occurs to either party to consider whether the ,patent-rights in question are good1 bad1 or indifferent4 ,it is too well known that the longest purse will win1 and that whichever party is prepared to spend most money will defeat and probably ruin the other4 ,make any use you like of these notes4 ,yours1 very truly1 ,,andrew ,,johnston4 ,r4 ,a4 ,macfie1 ,esq41 ,m4,p4 ,,on ,,the ,,distinction ,,between ,,copyright ,,and ,,patent-,,right4 ,the following is reproduced under a conviction formed by hearing1 in the recent debate1 so much stress laid on the resemblance of ,patent-right to ,copyright1 that superficial views are very generally held and require to be met3-- ,extract from 8,the ,patent ,question under ,free-,trade10 #ahfc4 ,we may now1 in order to clear away what has been to some a stumbling-block--the argument from analogy founded on the case of literary property--notice certain distinctions between the subjects respectively of ,patent-right and ,copyright4 ,those things that belong to the province of ,patent-right are in their nature capable of being independently discovered or originated1 in the same identical form1 by a plurality of persons4 ,of this character are the principles of mechanism1 processes of manufacture1 and forms or methods accordant thereto4 ,such1 indeed1 are1 as a rule1 actually discovered or invented by several persons1 and this very often almost simultaneously4 ,it is otherwise with things that belong to the province of ,copyright--literary and artistic combinations1 books1 pictures1 musical compositions1 involving any degree of elaboration4 ,such1 at no interval of time1 have ever been produced by even one other person except a copyist4 ,this ground for differential treatment is connected with others4 ,in particular1 the literary or artistic compositions of any person are perfectly distinguishable from all those of every other4 ,hence the ,copyright privilege is conceded in the absolute certainty that the grantee is their true and only originator1 or first producer or creator4 ,no second person can come forward1 after the ,copyright privilege is secured to an author or artist1 and allege that the poem or picture he composed also4 ,to infringe ,copyright means to slavishly or meanly copy the work of another4 ,to constitute infringement it is not sufficient that the second person's book has the same subject and the same purpose in view1 and is written in the same spirit as the first2 the 8matter0 must be the same1 and in the same form4 ,and so with pictures1 the subjects may be the same2 the ideas may show great correspondence4 ,exactness of 8matter0 and of arrangement is everything4 ,patent-right1 on the contrary1 may be infringed where there is no such exactness1 and no copying whatever1 but complete originality4 ,disregarding form1 it forbids the embodiment and use of ideas1 even of ideas entirely one's own4 ,we have thus the inconsistency1 or paradox1 that the exclusive privileges which have for their province only material objects--which engage only our bodily frame and those senses merely that have their exercise on matter apart from mind 7and this is all that patentable inventions do7--carry prohibition into the region of ideas2 while those other exclusive privileges1 in whose province matter serves only as a vehicle or excitant of things immaterial--conceptions1 memories1 tastes1 emotions--and as an instrument to set the mind a-working and affect the higher senses and faculties--make no such incursions1 keeping entirely clear of interference with any man's practical use of ideas4 ,literary and artistic ,copyright has for its province visible1 tangible works1 intended only for the eye or the ear1 or inner man through these senses--objects to be looked upon1 listened to1 thought of2 not things to be worked with or employed1 nor things consumable1 nor mere modes of doing a thing1 like the subjects of ,patent-right4 ,it has no regard to processes1 operations1 implements4 ,therefore1 unlike ,patent-right1 it interferes not with manufacturers1 artisans1 miners1 farmers1 shipping4 ,its sphere is in finished productions1 works of art in their completed state--objects that are permanent and unmistakable4 ,infringements1 therefore1 are necessarily both manifest and of set purpose1 whereas infringements of ,patent-right are often doubtful1 even when the subjects or results can be exhibited1 and when the facts of the case are assented to by all parties2 and if it is a question of processes1 its infringements are often undetectable after the fleeting moment during which they are alleged to have taken place4 ,further1 as before said1 contraventions of ,patent-right may be1 and not unfrequently are1 done unconsciously or unwittingly4 ,,modifications ,,of ,,the ,,patent ,,system4 ,the following paper on ,patent ,monopolies is reproduced from the ,liverpool ,courier1 partly for the sake of presenting a past phase of opinion with respect to the means of mitigating the injurious influence of the exclusive privilege contained in ,patents3-- ,at the ,social ,science ,congress at ,sheffield1 in #ahfe1 ,mr4 ,macfie read a paper on the following subject3 8,long ,restrictions on the ,use of ,inventions1 and ,obligation to make heavy ,payments to ,patentees1 incompatible with free and fair trade40 ,he said3-- ,that the inventor has a right of use or property in his invention we do not dispute2 what we dispute is his exclusive right4 ,to give one inventor such a right is to subvert the principle by denying the right of other inventors1 who may be as original1 and have worked as hard1 and spent as much1 but who1 owing to a desire to perfect their achievement a little more1 or because they live in the provinces1--a day's journey further off1--come some hours behind1 and so are only second or third applicants for the coveted privilege4 ,the ,state ought not1 and cannot in strict justice1 give a right of exclusive property2 that is1 power to meddle with others1 and forbid them to use their valuable knowledge2 except in cases where common use and enjoyment would diminish public wealth or harm a previous possessor4 ,if the land of ,england were constituted common property1 its productive value would be lessened1 and the present possessors would be harmed2 therefore1 it legitimately is property4 ,knowledge may be1 with the greatest benefits to mankind1 common4 ,god has drawn this distinction between things material or measurable 7in which classification ,i include labour71 and things mental3 between land1 ploughs1 and the like1 and the art or knowledge how to manage or make them1--that the one cannot be appropriated1 and the other cannot be unappropriated1 without loss to our race4 ,en passant1 do we conform to the spirit this constitution of nature may be held to commend to man8 ,i will not detain you by controverting the arguments of those plausible reasoners who class ,patent-right with ,copyright4 ,both1 indeed1 are creations of enacting law4 ,but there is this obvious and broad distinction between them3 that to grant exclusive privileges to an author interferes with nobody else's compositions1 whereas to grant them to an inventor continually conflicts with what others have done and are doing4 ,nor shall we spend time in discussing the merits of inventors4 ,these1 we allow1 may be great1 and deserve public acknowledgment4 ,what ought rather to be discussed is the kind of acknowledgment that is most expedient4 ,at present a very primitive mode of rewarding inventors is alone the rule--monopoly4 ,in old times1 when political economy1 like the other sciences1 was unknown1 it was the easy1 but at the same time costly1 way of endowing a court favourite to grant him an exclusive right to sell or make some commodity4 ,when1 in the beginning of the seventeenth century1 all other monopolies were prohibited by law1 those in favour of introducers of new manufactures were spared4 ,this exception has been found or made so expansible1 that it is ruled to extend to minute processes or instruments in existing trades1 so that what was intended to promote manufactures is now too frequently a hindrance4 ,thus the avowed object of the exception1 public good1 is on the whole counteracted4 ,what we maintain is1 that1 admitting the monopoly attains to some extent that object1 the disadvantages preponderate over the advantages4 ,we connect this charge with another which is still more condemnatory1 viz41 that these advantages1 limited as they are1 are obtained by compromise of sound principle and by positive acts of unfairness1 such as cannot be alleged against our view of the case1 which is1 that these exclusive privileges should be abolished4 ,the title of this paper says almost all ,i care to occupy your valuable time with4 ,it speaks of restrictions in the use of inventions4 ,patents impose restrictions1 nay1 prohibitions4 ,they give an absolute monopoly4 ,nobody but a patentee has a right to use a patented invention4 ,it speaks of long restrictions4 ,patents impose their restrictions1 or rather prohibitions1 for the long period of fourteen years1 with occasional prolongations of the term4 ,to be denied the use of an invention for such a length of time is1 now-a-days 7whatever it may have been of yore71 much like being denied it altogether4 ,the title speaks of payments to patentees4 ,these are made in all cases where the patentee allows others to use his invention4 ,it speaks of heavy payments1 because he has the right to make them heavy1 and he1 in practice1 makes them as heavy as he can4 ,it speaks of an obligation1 and rightly1 because a manufacturer who uses a patented invention is under the necessity to pay whatever the patentee demands or a jury awards1 and competition may frequently compel him to use it1 under penalty of losing his profits of trade1 or his trade itself4 ,it speaks of the payees as patentees1 not as inventors2 because in many cases 7how large a proportion ,i cannot say7 the rights are conferred on mere importers or appropriators of other people's inventions4 ,the title further speaks of free-trade4 ,this freedom1 which is something different from mere libre change1 ought to extend to manufacturing and all kind of labour1 as well as to commerce1 for1 according to the great lexicographer1 trade is 8employment1 whether manual or mercantile40 ,of course it does not so extend when labour is not free1 but restricted and burdened4 ,and it speaks of fair trade--fairness is about as important as freedom4 ,will anybody say it is fair to tax one manufacturer and let another go free8 ,yet this is what ,patents do4 ,those whom the patentee favours1 or fears1 or forgets1 he does not tax1 or taxes lightly1 while on others he lays a heavy hand4 ,but1 worst of all1 under the open competition to which the ,british manufacturer is now exposed with all the world1 he often has to pay heavy ,patent fees--often four1 and sometimes1 as ,i know1 five1 and even six1 figures deep--while his foreign rivals wholly escape4 ,how can any statesman1 or member of a ,chamber of ,commerce1 defend or palliate such gross and grievous inequalities8 ,unfortunately1 the start that the ,united ,kingdom has got in manufactures and shipping has done much to blind us1 and keep us from seeing the strides that neighbouring nations are making1 and has emboldened our legislators and financiers to make treaties1 in which we consent1 as a nation1 to run the race of manufacturing industry weighted4 ,the wise will call this impolicy1 perhaps conceit4 ,let us not deceive ourselves2 peculiar burdens on ,british traders are incompatible with free-trade2 more1 and worse1 they are flagrant inconsistencies1 subversive of our character for good sense1 incompatible with reasonable ground for expecting manufacturing prosperity4 ,the cry and principle so popular this day is belied when there is not a fair field1 and there is the opposite of favour4 ,the cause of all these evils and wrongs is the sticking to the exploded and illogical system of monopoly1 as if that were the best1 instead of being1 as we believe1 the very worst form in which acknowledgment can be made4 ,we say enough in condemnation when we characterise it as despotic1 inasmuch as it hands over ,british manufacturers1 absolutely and without appeal1 to the exactions or prohibitions of patentees and assignees of ,patents2 as erratic1 inasmuch as in one case it occasions not gain but loss to the favourite1 in another it overpowers with enormous profit1 frequently the ill-luck falling to the most ingenious1 and the extravagant remuneration to men of slender claims2 as retarding1 inasmuch as it often causes great delay in the introducing of inventions into use2 as preposterous1 inasmuch as it hinders the perfecting of new inventions by preventing the combination of the further improvements that others than the patentee devise or might devise2 as illogical1 in this among other respects1 that through the far larger share which capitalists or purchasers of ,patents often get beyond the pittance that may or may not reach the poor inventor1 its action is but indirect and small compared with its cost as a means of rewarding and stimulating inventors2 as inquisitorial1 for it justifies the hiring of informers to report who and where are infringers2 as unnatural1 for it takes away a person's attention from his own legitimate business1 and divides it with the businesses of other people whom he must watch or teach2 as cruel1 for the unhappy patentee is continually liable to be engaged in costly1 often ruinous law pleas1 far away from home1 in order to establish the validity of his ,patent and to prevent infringements2 as extravagant1 because it gives patentees1 or rather costs the public 7for it is but a small proportion of the burden imposed that is the nett profit of the patentee7 much more than a better system would4 ,it is also partial1 as has been stated1 for its incidence is not equal on all ,british manufacturers1 and it inflicts on them the hardship of peculiar burdens not borne by rivals abroad2 and in this respect1 as in the rest1 it is irremediable1 for equal treatment is morally impossible at home and abroad4 ,it is quite out of the question to expect rectifying amendment in this particular1 seeing only some ,states grant ,patents at all4 ,among those which do1 some grant sparingly or only to their own inhabitants2 and to take ,patents in all places where they are granted would involve the command and risking of so very much capital that few indeed1 if ever any1 would embrace the whole field2 and1 if perchance they did1 the labour of superintending a business so vast1 in languages so diverse and many1 would require superhuman powers4 ,the right to demand 8compulsory licences0 as a mitigation was suggested at the ,liverpool ,congress4 ,they would be an improvement1 and should be practicable1 seeing something of that nature exists elsewhere1 although the ,royal ,commission has reported against the plan4 ,but it would be a serious mistake to anticipate from their adoption as a reform any very important relief4 ,i hope it is possible to propose some substitute which will not be liable to these reproaches1 one which will give rewards having proportion to merit1 which will give them within a reasonable period1 which will entail little trouble or distraction on the nation's assumed protg1 the inventor2 one which1 being regulated by fixed principles and controlled by officers who will sift the wheat from the chaff1 will satisfy the yearnings after awards having some proportion to merit1 which now are disregarded2 and which1 above all1 will elevate the inventor from what you will surely allow me to call his present equivocal position--that involves little or no honour1 and too generally something approaching the very reverse--to a position that implies merit and gives status4 ,i do not speak of mere honours1 whether in the form of certificates or medals1 or trifles1 although all of these ,i recommend4 ,what ,i have submitted already to the association1 in a paper to be found in the ,edinburgh volume1 ,i repeat as still in my opinion practicable and expedient--viz41 to grant national rewards in money4 ,i would allow these to be claimed immediately after inventions are specified4 ,it would be the duty of a competent board1 after due consultation and inquiries1 to award each a fair sum1 within certain limits1 such as prudence1 combined with liberality1 would prescribe for their regulation4 ,or1 the patentee might prefer postponement of the adjudication for three years4 ,this should be allowed1 or even encouraged1 in order that time may be gained for practical expression of the benefit conferred by actual use of the invention4 ,in that case1 the reward should be ampler4 ,this system1 ,i am persuaded1 would be found in practice much less expensive to the nation than the present system4 ,so slight are the merits of the majority of ,patents that the ,state would have comparatively little to pay2 but the relief to manufacturers and the gain to commerce would be very great2 for1 however unprofitable a ,patent is1 it may be very effectual as a restraint and a burden4 ,such a system would sweep away every hindrance to the immediate enjoyment by every one of every invention1 and to the combining with it every cognate improvement2 a great emancipation and stimulus would at once be felt to operate4 ,if other nations adhere to the antiquated ,patent system which they have borrowed from us1 we would be happily invested1 in competition with them1 with the immense advantage which the ,swiss1 for instance1 enjoy over their rivals1 that of being free from ,patents1 yet knowing the inventions of all other nations4 ,but they would not adhere2 on the contrary1 they would either totally free themselves from the encumbrance1 and leave us to pay the rewards1 or 7and this is more probable and would be more honourable7 they would join in international arrangements1 in virtue of which1 every ,state contributing a little1 inventors would receive large emolument1 and trades would rejoice with them in the advent of an invention millennium1 in the bliss of which workmen would share1--on whose interests1 by preventing them from benefiting by use of the knowledge they acquire1 ,patents1 ,i apprehend1 act unfavourably4 ,i am aware that to persuade ,government and ,parliament to adopt national grants would involve indefinite1 perhaps long1 postponement of the happy year of release4 ,therefore ,i repeat another proposition1 also already submitted to you4 ,it is this3 ,to grant ,patents much as heretofore 7not resisting any reformation that may appear expedient72 but to enact that1 on the demand of any manufacturer1 after three years of monopoly1 any invention may be valued--not1 of course1 on the basis of the return which it might bring--but on that of its originality1 the cost incurred in working it out1 its advantage1 c41 whereupon it shall be lawful for a ,patent ,board to extinguish the grant in any of the following circumstances3 #a4 ,if the patentee's books 7which he should be obliged to keep in all cases where his fees from any individual exceed #ajj per annum7 show that he has already received in fees the valuation price4 #b4 ,if manufacturers and others interested unitedly pay as much as will make the price up4 #c4 ,if the ,state pay the remainder of the price1 purchasing the invention for the nation4 ,and ,i would include a condition that any one may obtain exemption for himself or his firm1 by paying1 say1 a tenth of the price4 ,and now1 a kind word to the amphibious class of persons whom we style inventors 7we are most of us inventors1 more or less1 in some form or other74 ,try to meet the legitimate demands of manufacturers2 act in consonance with the spirit of the age and the requirements of the time2 and remember how1 by resisting conciliatory propositions1 the great agricultural1 sugar-producing1 and shipowning interests had to succumb to enlightened doctrines1 and accept a settlement far less accordant with their pretensions4 ,manufacturers 7with whom1 as in like manner liable to be affected1 ,i class miners1 farmers1 shipowners1 c47 who employ inventions in their businesses on a right system1 ought not to regard the patentee1 still less the inventor1 as an intruder and an obstacle in his path4 ,yet that they in general do so regard these reputed benefactors and auxiliaries is1 ,i fear1 too true4 ,it is the fault of the system4 ,let us be well disposed to a better1 in which the interests and feelings of both sides--for opposite sides they appear to be--shall harmonise4 ,either of the plans ,i sketch would1 partially at least1 bring them into unison4 ,the only objection that ,i anticipate is that the amount to be received will not reach the often1 it must be admitted1 extremely high ideas of inventors4 ,in so far as this objection is well founded1 in consequence of the rare merit of any particular invention--a case that does not arise every year--it can be met by special votes1 which ,i would be far from excluding4 ,it may be regretted that the investigations of the recent ,royal ,commission to inquire into this subject 7most significant against the present system is their report7 were not more extensive and radical4 ,this arose from the purposely defective terms of appointment4 ,the ,liverpool ,chamber of ,commerce has consequently asked ,government1 through the ,board of ,trade 7that department calculated to be so very useful1 but somehow in these days jostled aside1 and scarcely seen or heard of in deeds71 to appoint a fresh commission which shall inquire into the policy of ,patents4 ,this request has had the honour of public endorsement 7either in that form or in the form of a ,parliamentary ,committee7 by no less an authority than the ,right ,hon4 ,chairman of the ,commission1 who also stated to the ,house the remarkable and most encouraging fact1 that doubts like his own had sprung up in the mind of that eminent lawyer1 ,sir ,hugh ,cairns1 the very member who1 almost in opposition to the late ,mr4 ,ricardo1 a decided opponent of the monopoly1 moved the address to the ,crown for the ,commission4 ,on the other side of the ,speaker's chair we have law officers of the ,crown1 if ,i mistake not1 impressed with the same dislike1 and among the ,radicals we know that equally opposed were ,mr4 ,bright and the late pure and noble patriot ,mr4 ,cobden4 ,it is within my own observation that candid inquirers1 preimpressed though they may be in favour of inventors' claims and monopolies1 reach the same conclusion4 ,as to the ,continent1 ,m4 ,chevalier1 ,swiss statesmen officially consulted1 and the ,german ,congress of ,political ,economists1 have strongly declared that they are utterly opposed4 ,the ,social ,science ,association can1 and ,i hope will1 as in the past so in the future1 lend important aid to the cause4 ,nobody is better fitted to reconcile those interests that unnecessarily conflict1 and to emancipate productive industry from trammels so hard to bear1 while also promoting invention4 ,the reader is also referred to the following lapsed ,scheme submitted to the ,international ,association for the ,progress of the ,social ,sciences at ,brussels in #ahfc4 #a4 ,the principal ,states of ,europe and ,america1 with their colonies1 to unite and form a ,patent ,union4 #b4 ,every capital to have a ,state ,patent-office1 in correspondence with the offices in the other capitals4 #c4 ,every invention patented in one of these offices to be protected in all the associated ,states4 #d4 ,each ,state's ,patent-office to receive copies of ,patent specifications lodged in the ,patent-office of every other ,state1 and to translate and publish within its own territories4 #e4 ,the ,patent to confer exclusive privileges for three years4 #f4 ,with these privileges is conjoined the right of granting licences4 #g4 ,an agent or assignee1 fully empowered to negotiate for the patentee1 must reside in each ,state4 #h4 ,commissioners shall appraise each invention at the end of the second or third year 7or later1 if deemed advisable74 #i4 ,in estimating the value1 the ,commissioners shall be entitled to claim the advice of practical men1 and may take into view all circumstances affecting value--such as the originality of the invention1 and its importance2 the probability of its being soon made by another2 the expense and hazard of preliminary experiments and trials2 the benefit it is calculated to confer2 the gain which use and licences during the three years will bring the patentee4 #aj4 ,if the patentee resign his monopoly before its term expires1 this concession to the public shall be regarded in the price4 #aa4 ,the ,commissioners shall adjudicate in what proportions each ,state shall pay the price fixed1 on the basis of population1 revenue1 or commerce4 #ab4 ,they may recommend a further grant1 as an honorarium1 in special instances of singular merit4 #ac4 ,their valuation and grants must be framed on the basis of a total yearly expenditure on inventions of not more than one million pounds sterling at the utmost1 from all countries of the union1 of which sum1 however1 no one country can be called upon for more than #ajj1jjj in one year1 nor more than #a1jjj for one invention4 #ad4 ,the ,commissioners shall be entitled to recommend for honorary medals1 ribbons1 or certificates1 real inventors of strong claims1 especially such as voluntarily shorten1 or never exercise1 the exclusive use of important inventions4 ,,opinions ,,of ,,the ,,press ,,on ,,the ,,debate ,,in ,,parliament ,,on ,,the ,,patent ,,question4 ,leading ,article from the 8,times10 ,may #bi1 #ahfi4 ,public attention has for some little time been withdrawn from the consideration of the ,patent-,laws2 but1 if we may judge from the discussion upon the subject in the ,house of ,commons last night1 the day is at hand when this branch of our legislation will be wiped out of the statute-book4 ,it is impossible to withstand the weight of authority and reason advanced yesterday4 ,it was all on one side4 ,mr4 ,macfie1 the newly-elected member for ,leith1 introduced the subject1 and1 incited apparently by injuries he had himself suffered through the operation of the ,patent-,laws1 argued very vigorously against them on theoretical and practical grounds4 ,he was not left unsupported4 ,sir ,roundell ,palmer1 who1 had he consulted his private interest1 would certainly have been among the first to uphold a system productive of such immense pecuniary benefits to the practitioners in the courts1 seconded ,mr4 ,macfie's motion for the unconditional abolition of the ,patent-,laws in a speech of the closest reasoning1 supported by a vast array of facts which had come within his own personal experience4 ,he was followed by ,lord ,stanley1 who confessed that1 against all his early prepossessions1 he had been convinced1 when acting as ,chairman of the ,patent ,commission1 that the abolition of the ,patent-,laws was demanded on grounds of justice and of sound policy4 ,two of the foremost representatives of law and of statesmanship thus enforced the reform demanded by ,mr4 ,macfie as a spokesman for manufacturers4 ,it is true that others followed who opposed1 or attempted to oppose1 the arguments of ,sir ,roundell ,palmer and ,lord ,stanley4 ,this was inevitable4 ,men who have not looked into the question are in the same position as ,lord ,stanley says he himself was when he first began to consider it4 ,they are under the influence of impressions they have never thought of questioning1 and are biased by supposed analogies1 drawn from cognate subjects1 the unsoundness of which they have not investigated4 ,hence they protest1 not without vehemence1 against an amendment of the law which is in conflict with their own habits of thought1 but they do not reason upon it4 ,analyse the speeches delivered last night by ,mr4 ,howard1 ,mr4 ,mundella1 and1 we must add1 the ,attorney-,general1 and the residuum of argument contained in them will be found to be very small indeed4 ,they are all satisfied the ,patent-,laws have been useful to the nation1 as people were once satisfied that the ,corn-law was the secret of our greatness4 ,they insisted that the abolition of the ,patent-,laws would be a blow to our national pre-eminence1 just as their predecessors agreed in predicting not so long ago that with the abolition of the ,corn-laws ,old ,england would dwindle and decay4 ,the first point to be borne in mind with reference to the ,patent-,laws is1 that if we retain them at all they must be retained in their present form4 ,the amendments admissible in their machinery are not important1 and the recommendations of the ,royal ,commission some years ago were so slight that it has never been thought necessary to carry them into effect4 ,what is the scheme of the ,patent-,laws8 ,a man discovers1 or believes he discovers1 a new process of accomplishing some useful result4 ,he registers his supposed invention1 and acquires a provisional right to its exclusive use for a definite number of years4 ,after a time he finds some other person using his invention1 and applies to the courts of law to prohibit him4 ,the alleged infringer of the ,patent says that the assumed discovery was no discovery at all1 or that it was of no public benefit1 or that he is not making use of it1 and the questions arising on these issues are then tried4 ,this is a condensed statement of the whole working of the law as it stands4 ,no substitute for it can be recommended that will bear examination4 ,it is sometimes said that an inventor should be required to prove the originality and utility of his invention at the time he makes his application to be registered4 ,but who could examine such a claim8 ,a court of law may1 after much trouble and caution1 declare that a claimant is entitled to a piece of land1 because the claimant1 by exercising rights of ownership over it1 gives notice in a very palpable way to all other claimants of the property1 though even then the court takes extreme pains that the rights of absent or infant persons may not be abridged4 ,but1 when a man claims an invention1 by what possible process could notice of his claim be brought home to every man in the kingdom8 ,whoever will consider the matter will be forced to the conclusion that all the ,state can do is to tell an applicant that he shall be protected in the use of his invention provided he shall be able1 whenever occasion arises1 to establish its originality and utility against any one who may arise to contest them4 ,the same considerations which negative the suggestion that a claimant could receive an indefeasible title1 also negative the proposal that the claimant should be compensated by a money grant at the outset4 ,if the originality of his claim cannot be proved1 payment for it cannot be made1 even if there existed at that incipient stage any means of determining its value4 ,the present system of ,patents must be retained if ,patents are to be preserved1 and the evils of the system flow directly from it4 ,it is impossible to diminish appreciably the litigation attendant on ,patents4 ,sir ,roundell ,palmer referred to the paraffin oil case1 which occupied the ,court of ,chancery fifteen days4 ,nor could this be avoided1 for the novelty of the process of distilling paraffin was the point contested1 and to decide this it was necessary to examine the exact stage of discovery to which a dozen different investigators had advanced1 all of whom were trying simultaneously1 but independently of each other1 to distil paraffin oil so as to make it a commercial product4 ,the expense and uncertainty of ,patent litigation being unavoidable1 the cardinal defect of the system1 that the reward it offers hardly ever goes to the right man1 follows4 ,the inventor is at one end of the scale2 the transferee or licensee of the ,patent is at the other1 and while the latter reaps enormous gains1 the inventor often has the reflection that it was he who made the discovery for his sole reward4 ,the second great fault of the system of the ,patent-,laws is an effect equally inseparable from it4 ,these laws constantly inflict the most grievous injustice on innocent persons4 ,mechanical and chemical discoveries are not made by unconnected jumps4 ,the history of science and of invention is one of gradual progress4 ,a hundred different persons are pursuing their investigations on the same subject independently of each other1 and are all nearing a particular goal1 when some one man reaches it a few days before the others4 ,the law which gives him a monopoly denies to the rest the fruit of their exertions4 ,it is needless to refer to the numberless instances in which inventions have been discovered so nearly simultaneously that the real inventor cannot be ascertained2 and it is impossible to deny that to give a monopoly to the man who is the most prompt to register his claim often inflicts a grievous wrong on the investigators who accomplish the same results in perfect independence of him4 ,so far we have spoken only of primary discoveries4 ,the secondary ,patents1 as they may be called1 were rightly denominated by ,sir ,roundell ,palmer unmitigated evils1 and1 according to the same high authority1 they exceed in number ,patents of importance in the ratio of a hundred to one4 ,a person suggests some small improvement in the course of an elaborate manufacture1 and takes out a ,patent for it4 ,henceforth he blocks the whole trade4 ,he cannot be got rid of1 and it is not easy to deal with him4 ,he is quite conscious of the obstacle he creates1 and in the end he is probably bought off by some great manufacturer in the line of business affected by the discovery1 who1 by accumulating in his hands the inventions1 good and bad1 connected with his occupation1 monopolises that particular branch of trade throughout the country4 ,the strength of the existing ,patent-,laws lies in the vague belief of those who have not considered the subject that it would be unjust to deprive a man of the benefit of his discoveries4 ,those who are impressed with this elementary notion may be asked to reconcile it with the undeniable fact that the ,patent-,laws do deprive1 in the way we have shown1 many men of the benefit of their discoveries2 but a little reflection will convince them that their argument rests on a pure assumption4 ,no man would be deprived of the benefit of his discovery because he did not receive a monopoly of its use4 ,his own discovery would be his own discovery still4 ,as long as he is allowed to employ his own inventions in any way he thinks proper he cannot be said to suffer any deprivation of a right4 ,the truth is1 that the ,patent-,laws are a voluntary addition to our legislation based upon no such obligation as underlies the ordinary laws of property2 and they must be justified1 if they can be justified at all1 as gratuitous creations of the ,legislature1 by proof that they produce some national benefit4 ,it is from this point of view that we see the difference between the laws of ,copyright and of ,patents4 ,they agree in being added on to what may be called the body of natural law1 but the reasons in support of each are not the same1 and the objections which apply to the law of ,patents do not apply to the law of ,copyright4 ,the monopoly granted to an author does injustice to no one4 ,the monopolies granted to patentees do injustice to many4 ,patents are creations of positive law1 and must be judged accordingly4 ,the ,attorney-,general approves them because they are designed to multiply inventions1 although he admits that the multiplication of ,patents is a serious evil4 ,a sounder judgment will condemn them because of the evils necessarily attendant upon them2 and we have no fear of what would happen to the course of invention or the progress of the country if they were abolished1 and the inventor allowed to make such use of his invention as he may be advised4 ,inventions co-exist with ,patents1 but the experience of ,switzerland is sufficient to show that they would abound if ,patents did not exist1 and the decline of commercial greatness with which ,mr4 ,howard threatens us should ,patents be abolished may be treated like so many other prophecies of evil which have been happily neglected and remain unfulfilled4 ,leading ,article from the 8,economist10 ,june #e1 #ahfi4 ,it is probable enough that the ,patent-,laws will be abolished ere long1 though the full force of the real objections to them was perhaps not brought out in the debate last week on ,mr4 ,macfie's motion for their abolition4 ,sir ,roundell ,palmer was too metaphysical4 ,the supposed distinction between the copyright of a book and a ,patent--that no two men will hit upon the same composition even in substance1 while they will hit upon the same idea for an invention--does not prove anything4 ,if a case of general utility could be made out1 the abstract justice of giving a man the monopoly of an idea1 should he be the first to come upon it1 would not be much considered4 ,lord ,stanley1 who avoided this mistake1 dwelt too much upon such minor points as the practical failure of the law to secure a reward to the inventor and the frequent disproportion between the reward and the service rendered1 which are points of no consequence so long as the public is generally a gainer by the law4 ,lord ,stanley1 however1 touched upon the true reason when he referred to the injury of third parties1 which the present law occasions1 by reason of ,patents being granted to only one out of half-a-dozen persons who come upon the same inventions1 or to one of a series of inventors who improve upon each other's work1 and by reason also of the general interference with manufacturing4 ,what we should have liked to see fully stated was the peculiarity of the present circumstances of the country in which these things are true4 ,the statements in fact amount to this--that there is a large number of inventions which ,patents are not required to encourage2 that these are made as ordinary incidents of business2 that invention1 improvement of mechanical and chemical processes1 is itself a part of a manufacturing business2 and that in this way the granting of ,patents only impedes manufacturers to whom inventions would naturally come4 ,the full force of these facts cannot be felt unless we recognise that a change in the character of invention has taken place4 ,the ,patent-,laws were intended to apply to different manufacturing circumstances from those which now exist1 and were based upon different notions about invention2 the objection to them is that they either are1 or are becoming1 out of date4 ,a little consideration will show how true this is4 ,let us look first at the notions still customary about inventors and inventions which are derived from past circumstances4 ,the popular idea of an inventor is of a man who makes an immense addition to the real wealth of the world--who invents the steam engine1 or the spinning jenny1 or the ,jacquard loom1 or the hot blast--almost revolutionising the material powers of mankind4 ,the idea associated with his work is in any case that of great novelty in means coupled with great accomplished results4 ,now there are various reasons why these should not be the characteristics of modern inventors and inventions1 as we see they are not4 ,it might be true that there are still as many inventions of real novelty and magnitude as ever1 though we doubt if there is2 and yet there would be circumstances which prevented a legislator regarding them as most important4 ,one of these circumstances is certainly the exaggerated importance of minor improvements1 in consequence of the great development of machinery and manufacturing4 ,a single improvement to save #aj per cent1 in fuel for the steam engine would probably add more absolutely to the real wealth of this generation than the invention of the steam-engine itself added to the real wealth of the generation in which it was invented4 ,a recent invention just spoken of--the feathering of the blades of screws1 increasing the facilities of using auxiliary steam-power in ships--might compare on the same footing with the most substantial invention of a poorer age4 ,just as the refinement of the machinery of credit1 and the extent of its development1 cause the least disturbance to be widely felt1 so the least improvement in mechanical or chemical knowledge1 applied to manufactures1 may have great results4 ,a revolutionary invention--owing to the difficulty of introduction--might not tell so quickly even as a minor improvement in an existing groove2 but1 in any case its effects will now be matched at the first start by these minor improvements4 ,these improvements again1 as well as the great inventions themselves1 are usually come at in recent times in a different way from that of the old inventor4 ,formerly the inventor had almost nothing1 before him--every department of industry had to be built up from the foundation4 ,now a man must build upon extensive knowledge of what has been accomplished1 and must have great means at his command4 ,what ,mr4 ,mill has just been explaining in his new book in regard to original authorship in the present day is equally true of invention3 8,nearly all the thoughts which can be reached by mere strength of original faculties have long since been arrived at2 and originality1 in any high sense of the word1 is now scarcely ever attained but by minds which have undergone elaborate discipline1 and are deeply versed in the results of previous thinking4 ,it is ,mr4 ,maurice1 ,i think1 who has remarked1 on the present age1 that its most original thinkers are those who have known most thoroughly what had been thought by their predecessors2 and this will henceforth be the case4 ,every fresh stone in the edifice has now to be placed on the top of so many others1 that a long process of climbing1 and of carrying up materials1 has to be gone through by whoever aspires to take a share in the present stage of the work40 ,that is--when we speak of invention--the inventor must be a man who is closely associated with capitalists1 or be a capitalist himself4 ,in no other way can he have the means of knowing the thousand improvements of machinery and processes which have culminated in the present factories and machines2 and in no other way can he find means for experiments on the necessary scale4 8,poor men10 says ,sir ,william ,armstrong1 8very often come to me imagining that they have made some great discovery4 ,it is generally all moonshine1 or if it looks feasible1 it is impossible to pronounce upon its value until it has passed through that stage of preliminary investigation which involves all the labour1 and all the difficulty1 and all the trouble40 ,how is a poor man to get this preliminary investigation undertaken1 when the subject is an amendment of a complicated manufacturing process8 ,the complaint1 in fact1 was made before the ,select ,committee on ,technical ,instruction1 that ,english manufacturing was suffering from foreign competition1 because there is less room now than formerly for the play of 8untaught invention40 ,the machine is too perfect for the workman to meddle with2 and thus the foreigner1 supposed to be more technically instructed1 has room to excel us--our peculiar power having been 8untaught invention40 ,such having been the change in the character of invention1 it is easy to see why the ,patent-,laws are not only not needed1 but are obstructive4 ,the inventor1 in the first place1 is not in the position of an old inventor4 ,to give him scope he must be employed by a manufacturer or capitalist--that is1 his skill must be already highly valued1 the manufacturer naturally employing those who can introduce amendments and improvements1 and keep him abreast or ahead of competitors4 8,i believe10 says ,sir ,william ,armstrong1 again1 8that if you let the whole thing alone1 the position which a man attains1 the introduction and the prestige1 and the natural advantages which result from a successful invention and from the reputation which he gains as a clever and able man1 will almost always bring with them a sufficient reward40 ,and again3 8,i think that absolute discoveries are very rare things2 nearly all inventions are the result of an improvement built up upon a preceding one4 ,a poor man who has the ability to make really practical improvements is almost sure to rise in the world without the aid of ,patents40 ,and if the inventor may be thus indifferent to a ,patent-,law1 the question as to the inducement to capitalists to take up inventions may be settled by their general objection to ,patents4 ,though there are one or two manufacturers who have monopolised a number of ,patents in their trade1 and so turned the law to account1 it is from them that the greatest complaints come--men like ,mr4 ,platt1 or ,mr4 ,scott ,russell1 or ,mr4 ,macfie1 who has just moved the abolition of the laws4 ,the truth is1 capitalists are now in a position to obtain a profit without a ,patent--just as they can sometimes disregard a ,patent for a long time till competition forces it upon them4 ,patents1 then1 are not required as an inducement either to inventors or capitalists1 and the reason of the law fails4 ,but this is not all4 ,the complaint of manufacturers at the obstruction of the present law would not be enough by itself1 but it is a very serious matter when invention is part of the business of manufacturing4 ,the law of ,patents1 in short1 interferes with what has become the normal process of invention4 ,mr4 ,platt states3 8,i think that there is scarcely a week1 certainly not a month1 that passes but what we have a notice of some kind or other of things that we have never heard of in any way1 and do not know of in the least that we are infringing upon them40 ,sir ,william ,armstrong complains of a personal grievance3 8,the necessity which ,i am under of taking out ,patents1 not for the purpose of obtaining for myself a monopoly1 but simply for the purpose of preventing other persons from excluding me from my own inventions40 ,and much similar evidence was given before the ,royal ,commission1 of which ,lord ,stanley was chairman4 ,thus the present law is not wanted to promote invention1 and it is injurious to a kind of invention which would go on luxuriantly without it4 ,the gradual nature of most inventions is a sufficient security that it will proceed under the law of competition4 ,perhaps the practice of ,government is the best indication of the necessity for the abolition of ,patents4 ,a few years ago the manufacturing departments of ,government found themselves so hampered by ,patents that they resolved to try whether they were bound or not1 the result being a legal opinion that they were not bound4 ,but ,government is only a great manufacturer1 its work in some departments being less than in many private businesses4 ,is there any reason why ,government should be released1 and individuals bound to patentees8 ,as to the supposition that invention will cease1 the mere interest of the ,government in paying for anything worth having is found a sufficient stimulus to invention in the things which it requires2 and so it is assumed will be the interest of competing manufacturers4 ,there is a universal agreement1 moreover1 that no ,patent-,law should cover all the inventions which are now covered4 ,it happens that the strongest condemnation of things as they are before the ,royal ,commission came from witnesses who wished a change1 though none suggested anything which commended itself to the ,commission4 ,the idea seemed to be that a separation could be made between substantial inventions and the improvements or amendments which are now so important1 but are admitted to be unsuitable for ,patents4 ,it was thought that ,patents1 instead of being granted indiscriminately1 should only be granted in cases of proved novelty and utility4 ,but no working plan of a court to do this could be devised1 or one which would not probably discourage inventors as much as the abolition of ,patents altogether4 ,we come1 then1 to the conclusion that it is for the general interest that ,patent-,laws should be abolished1 and that their abolition will do no great harm to any one--least of all1 to the great mass of inventors or improvers4 ,perhaps we may point out that1 if the circumstances are as described1 this country has a special interest in abolishing such laws4 ,as the leading manufacturing country in the world1 a ,patent here is likely to be worth more to its holder than anywhere else2 consequently our manufacturers are more exposed than any others to the interruption and worry of ,patents4 ,it may well be that other countries which are less tempting to patentees will find the balance of competition weighted in their favour in consequence4 ,looked at another way1 the more that invention falls into the hands of great capitalists1 the more likely is it to strengthen the manufacturing of a country which is already most powerful4 ,the normal condition of things is all in our favour1 and we should do nothing to thwart it4 ,leading ,article from the 8,spectator10 ,june #e1 #ahfi4 ,those who doubt whether there are subjects upon which no conclusion is possible1 which baffle the ablest and most judicial minds possessing the best attainable information1 should read the debate which has just taken place on the proposed abolition of the ,patent ,laws4 ,the most remarkable fact of the debate was the uncompromising attack upon these laws by ,sir ,roundell ,palmer1 his eager advocacy of the opinion that they should be at once abolished2 but the most significant speech was made by ,lord ,stanley1 who exhibited perfectly the incapacity of reasonable men to come to a wholly satisfactory judgment upon them4 ,in fact1 there is a real balance of considerations which were almost exhaustively stated by ,lord ,stanley4 ,if you look at one set of facts1 you see good reason for conceding ,patent rights2 if you look at another set1 you find innumerable mischiefs arising from the concession2 and there is hardly any means of measuring which set of arguments preponderates4 ,the motive of granting ,patents is prim facie very simple and unobjectionable4 ,you wish to encourage inventions1 by which the wealth of the world is so much increased1 and you therefore promise inventors a temporary monopoly of their use1 on the single condition that the inventions shall be made public4 ,but for some such guarantee1 it is said1 many inventors would have no temptation to rack their brains1 and capitalists would be afraid to help them in putting their ideas into a complete shape4 ,that invention1 as a matter of fact1 is to some extent encouraged1 is certain1 though ,lord ,stanley hardly touched upon the point4 ,on the other hand1 hardly any ,patent-,law can do what it professes1 while it is certain to do much harm2 and this is1 at least1 the character of our own law4 ,the rewards with which it tempts inventors are too often delusive1 and they at least would have small real cause to complain of its abolition4 ,no ,patent brings its holder any immediate pecuniary right4 ,he can only sue people who infringe his ,patent1 and the costliness of ,patent suits is such that he is seldom able to protect himself4 ,to make the property worth anything1 a capitalist must take it up2 but the capitalist1 in doing so1 stipulates for the lion's share of the profit4 ,probably in ninety-nine cases out of a hundred the reward was obtained by such speculators1 and not by inventors4 ,this1 of itself1 we believe1 would not be a sufficient argument against conceding ,patent-rights2 but it would certainly be sufficient1 if inventors could be induced in some less costly way to surrender their ideas to the public4 ,another reason against ,patents1 stated by ,lord ,stanley--that the reward is usually but of all proportion to the service rendered--is also a strong one1 if a better plan can be thought of2 but the main reason1 the injury to third parties1 is most serious4 ,there is a great mass of well-founded complaints as to ,patents being traps for manufacturers4 ,improvements and amendments in the details of machinery and manufacturing processes1 which would inevitably be come at by the manufacturers themselves1 are appropriated beforehand by inventors who do not possess in reality any particular merit4 ,manufacturers1 are afraid to make slight alterations1 for fear an inventor comes down upon them2 but they never know but what they may have to encounter an action for 8something they have always done40 ,even inventors themselves suffer in this way4 ,it commonly happened that half-a-dozen men competing in the same line of business would come almost simultaneously upon the same discovery2 but if ,a was a week or a fortnight before ,b1 the latter was excluded from his own discovery4 ,the ,patent-,law1 then1 not only does little real good to patentees themselves1 but a great deal of mischief to other people4 ,who is to decide whether the balance of advantage to the public1 through encouraging invention by offering a rather delusive reward1 exceeds the disadvantage of impeding manufacture and preventing people from using what they themselves discover8 ,lord ,stanley1 though only recommending the matter for the 8particular handling0 of the ,government1 inclines1 on the whole1 to the view that the ,patent-,laws do more harm than good2 and we are quite disposed to agree with him4 ,the decisive consideration appears to be the unavoidable abuse of ,patents for inconsiderable inventions1 or inventions of simultaneous discovery4 ,the hardship of excluding ,b from a discovery of his own because ,a had patented it a week before1 is such as to demand the clearest proof of the expediency of the general law which deprives him of the fruit of his labours4 ,where ,b is a manufacturer1 led up to the discovery by the necessities of competition and suddenly laid under contribution by a stranger or a rival1 the hardship is especially severe4 ,we are not sure but that to make any ,patent-,law tolerably just1 special provision should be made for proof of simultaneous discovery1 and either compensation to all the discoverers by the patentees1 or full liberty to them to make use of their discovery4 ,it is of equal importance1 however1 that the amendment of manufacturing processes in detail should not be checked2 and perhaps the fact that the great majority of ,patents now only apply to what may be termed details is a main reason for abolishing them4 ,it is a simple monstrosity1 to quote the case given by ,mr4 ,scott ,russell1 that every conceivable shape of a boiler should be patented1 so that the most obvious change of form1 which some particular exigency obviously suggests when it arises1 should not be permissible to a manufacturer unless he pays black mail to somebody else4 ,if it is said that details are often important1 the answer is that manufacturers and inventors have a sufficient stimulus with regard to them without a ,patent-,law4 ,the pressure of competition and the large scale of manufacturing1 which make details important1 are sufficient inducements to those interested to find out something new1 or encourage others to find out something for them4 ,just because invention must usually come in the way of great manufacturers1 who can recoup themselves without ,patents1 ,patents are no longer necessary4 ,men like ,sir ,william ,armstrong and ,mr4 ,scott ,russell1 who are themselves considerable inventors1 do not care for ,patents1 except to guard themselves against the interference of others who might take advantage of the present law to reap where they have not sowed4 ,they are quite content to let others alone1 if they are let alone themselves1 deriving their profit from general excellence of manufacture1 of which any single process which might be the subject of a ,patent is only one out of many details1 and perhaps not the most important4 ,nor do such inventors conceal their detailed improvements1 so that they are in no way tempted to do anything for the advantage of the public by the present law4 ,it was observable in the debate that the defence of the present law rested exclusively with representatives of probably the least important inventors4 ,mr4 ,mundella's assurance that working men are attached to the present law1 and that inventors of the working class would either not be tempted to invent1 or would be deprived of the reward of their industry1 was1 in truth1 the only argument in its favour4 ,but it was plainly insufficient4 ,it would be necessary also to show that such inventions are overwhelmingly valuable1 so as to compensate for all the injury a ,patent-,law must do2 but this was not1 and we believe could not be1 attempted4 ,the special case of poor inventors might be met by an organised system of voting rewards to those whose inventions had been largely adopted and used2 but we should not frame an entire law1 which the public do not require1 and which would work a deal of harm1 in order to suit their peculiar circumstances4 ,such being the nature of the discussion1 it is1 of course1 not worth while saying much on the particular defects of the present law4 ,but there is hardly a single point where some alteration is not called for4 ,in particular1 the ,courts for trying ,patent cases could be very much improved2 and additional obstacles might be interposed to frivolous or entrapping ,patents4 ,one of the main reasons for total abolition1 nevertheless1 must always be the impossibility of suggesting an amendment for some defect which is not itself open to equivalent objections4 ,nothing1 for instance1 seems so obvious at first sight than that the present law might be amended by compelling patentees to grant licences4 ,yet the ,royal ,commission which reported in #ahfe was decidedly opposed to this suggestion1 after hearing all that could be said for it4 ,there is no means of saying beforehand what should be the maximum charge for licences1 while the moment this principle is introduced the special use of a ,patent as a stimulus to inventors is tampered with--the prospect of a complete monopoly of which they are to make as much as they can4 ,similar objections apply to any suggestion for cancelling ,patents which are not used in a year or two to some material extent4 ,the best inventions1 requiring the greatest changes in manufacturing machinery1 are often the slowest to come into operation4 ,for the same reason1 it would also be impracticable to compel patentees to grant licences at fixed maximum rates after their ,patent had been two or three years old4 ,it might be just as impossible then1 as at first1 to say what the licence fee should be4 ,if we are to have a ,patent-,law1 then we can have no substantial improvement upon the present one2 and it is so bad that it can hardly last4 ,perhaps there is at present a deficiency of evidence on the subject--the workmen not having been heard before the last ,commission1 and the information presented as to the ,patent-,laws of other countries and their working being very deficient2 but though this may be a good reason for having another inquiry1 we anticipate that it will only confirm the verdict of impartial judges against the present system4 ,extract from the 8,saturday ,review10 ,june #e1 #ahfi4 ,if the interesting debate on ,mr4 ,macfie's motion proved1 what scarcely needed proving1 that our existing ,patent-,law is extremely unsatisfactory in its working1 it equally proved that the arguments against having any ,patent-,law at all are not less unsatisfactory4 ,if it were practicable to discriminate between true and sham discoverers1 and to ascertain with accuracy to whom the merit of every new invention really belonged1 and if it were at the same time easy to secure to the man who increased the common stock of useful knowledge the fruit of his own brain1 no one would dream of questioning the moral claim of an inventor to this peculiar kind of property1 any more than we now question the justice of giving to an author a copyright in his own work4 ,but when it is found1 or supposed1 to be extremely difficult to do justice to one man without causing much inconvenience and some occasional injustice to a thousand others1 there is a strong temptation to sacrifice individual rights to public expediency4 ,the advocates of a total repeal of the ,patent-,laws generally insist 7as ,sir ,roundell ,palmer did in his ingenious speech71 not only that they do a great deal of indirect mischief1 but that the discoverer of the most invaluable invention has no claim to any reward except the consciousness of having enabled a number of other men to make colossal fortunes4 ,that such arguments should be used at all proves little more than an uneasy consciousness that the proposed repeal would work a certain amount of real injustice4 ,men who are strongly impressed with the expediency of ignoring the claims of inventors struggle to escape the reproach of injustice by stoutly denying the rights which they desire to disregard4 ,we would rather see the subject discussed with more courage and frankness4 ,there are undoubtedly instances in which private claims must yield to public expediency1 and any persons who think the case of inventors to be one to which this rule is applicable would do better to say so openly than to try to persuade themselves and others that those who have created the means of making wealth have no claim to share in the fruits of their discovery4 ,sir ,roundell ,palmer affected to dispose of the whole difficulty by saying that there were essential differences between ,copyright and invention2 but a principle is not the less sound because you may illustrate it by a case which is not on all-fours with that to which you apply it4 ,and the distinctions between ,copyright and invention are by no means so radical as is sometimes assumed4 ,the ,copyright-,laws give an author a special monopoly because it is conceived that the production of a new work entitles him to a return proportioned to its merit1 as tested by the demand for it in the market4 ,the ,patent-,laws give an analogous monopoly to an inventor on precisely the same moral grounds4 ,to say1 as ,sir ,roundell did1 that a book was a new creation1 whereas an invention was merely the application of the facts and the laws of nature1 which are common property1 was to speak like a lawyer rather than like a philosopher or a man of science4 ,whatever other distinctions may be insisted on between ,copyright and invention1 this1 at any rate1 will not bear a moment's examination4 ,it may have a colour of plausibility in the case of a poem1 a play1 or a novel1 though even there it is not altogether sound4 ,but literature includes history1 science1 philosophy1 mathematics1 and the like2 and every book on these and most other subjects1 so far as it has any value1 is based entirely upon facts and laws which are no more the creation of the author than are the facts and laws on which an invention may be founded4 ,in each case there is creation in the same qualified sense4 ,say that a man creates what he reveals1 or what he proves1 and the author and the inventor are equally entitled to be called creators4 ,say1 on the other hand1 with perhaps more accuracy1 that to proclaim a previously unnoticed truth is only to announce what has all along existed in nature and nature's laws1 and some more modest title than creator must be assumed by author and inventor alike4 ,the difference between the two cases is not a difference of principle1 but of convenience4 ,the thing created1 either in the book or the machine1 is the thought or the method2 but property in a thought or a method is not what the law allows in either case1 simply because it would be impossible to give an effect to such an enactment4 ,what the law does is to lay hold of the most profitable mode of using the idea1 and say that for a limited time no one but the originator shall be at liberty1 in the one case1 to print the book or a colourable imitation of it2 or1 in the other1 to manufacture or use the machine or any colourable imitation of that4 ,it is impossible1 we think1 to deny the abstract right of a real author or inventor1 and more palpably impossible to deny it in the one case while you admit it in the other4 ,apart from his abstract reasoning1 there is much in ,sir ,roundell ,palmer's argument to show wide differences in practice between the cases of authors and inventors4 ,it is undoubtedly true that in a vast majority of instances the patentee of an invention is not the person to whom the largest share of the merit belongs4 ,the rule1 equally in scientific discovery and in practical invention1 has almost always been found to be that1 when a great step in advance is completed1 no one man can claim the entire merit4 ,if one wins the race1 there are mostly several competitors who get a place4 ,even ,newton had rivals treading on his heels1 and his great discoveries would not have been lost1 though they would certainly have been delayed1 if his marvellous intellect had never been directed to science4 ,the thought of the world1 as represented by a little cluster of inquiring minds1 was fast ripening for the harvest which ,newton was the first to reap4 ,but no one on this account seeks to deprive ,newton of his glory4 ,and we do not see why the pioneers of practical invention should be deprived of the reward for which they work merely because what they have done is but to forestall what would have been accomplished1 sooner or later1 without them4 ,the real vice of the ,patent-,laws is that they give a full fourteen years' monopoly to the first inventor who proclaims himself1 even though it may be clear that he has not a week's start of a host of competitors4 ,in order to make sure of adequately rewarding a very few real benefactors of mankind1 you give an inordinate privilege to a great many who have done nothing at all in proportion to what they receive2 and not only do you prohibit every one from borrowing the patentee's ideas1 but you actually forbid a second inventor1 who has arrived at the same result without ever having heard of the first1 to make any use for fourteen years of the conclusions which he has worked out by his own unassisted thought and labour4 ,this1 of course1 is a gross injustice1 and the opponents of the ,patent-,laws say that no machinery can be devised by which it can be escaped4 ,another serious objection to the system1 as worked in this country1 is the indiscriminate grant of a ,patent to any one who claims it1 leaving it to future litigation to determine whether the ,patent is good or bad4 ,the ,law ,officers of the ,crown receive an enormous amount of fees for ,patent business1 and it is their function to determine in the first instance whether a prim facie title to the privilege is made out4 ,it might be supposed that1 if the identical invention has been patented or publicly used before1 or if1 on the face of it1 it is no invention at all1 the application would be refused4 ,nothing of the sort happens4 ,no examination of the records at the ,patent-office takes place to ascertain the existence or non-existence of earlier ,patents for the alleged discovery2 and even when there is an opposition1 and it is clearly proved 7as in the case of the bullet which ,mr4 ,metford devised and ,mr4 ,whitworth afterwards patented7 that there is nothing new in the invention1 the ,patent is allowed to go1 in order that the claimant may have the privilege of a jury to try an imaginary right4 ,this is the way in which the crop of litigation is raised which is so often pointed to as a reproach to the law4 ,the present ,attorney-,general1 it seems1 has introduced the innovation of rejecting the claims of patentees where the alleged inventions are palpably frivolous1 but something much more decided than this is needed to make the preliminary investigation of any real value4 ,the vast number of worthless and catching ,patents taken out merely as traps for manufacturers is perhaps the greatest nuisance incidental to the system1 but it is by no means the most difficult to suppress4 ,all these evils must be cured1 or sensibly abated1 if the ,patent-,laws are to survive2 and if this is to be done at all1 it can only be by an effective preliminary inquiry4 ,that there are difficulties to be encountered in such a scheme cannot be denied1 but it is not yet shown to be so complete an impossibility as ,sir ,roundell ,palmer assumed it to be4 ,with the best machinery a few ,patents would slip through which1 on closer investigation1 would be held to be bad2 but even the clumsiest methods of bon fide inquiry would have sufficed to weed out some ninety per cent4 at least of the existing ,patents4 ,a mere search by proper officials at the ,patent-office1 with the aid of the excellent indexes which they possess1 would settle the fate of the great majority of applications1 and the opposition of rival inventors or manufacturers would expose a great many more if it were not understood1 as it is now1 that any opposition before the ,law ,officers is a mere waste of time4 ,under the existing system we have a tribunal which is not1 as a rule1 competent for the work1 and which makes no real effort to do it4 ,the ,law ,officers give up the investigation in despair2 but it by no means follows that a scientific tribunal1 with all the aids which the ,patent-office could supply1 might not be found extremely useful4 ,the experiment1 at any rate1 has not been tried2 and it is scarcely fair to inventors to deprive them of all protection merely because a perfunctory inquiry by an unscientific and busy lawyer may have failed to exclude from the list of patentees a formidable body of mere impostors4 ,we take it to be quite clear that the attempt to do justice ought not to be given up until the impossibility of putting the law on a satisfactory footing is clearly made out4 ,mr4 ,mundella is probably as ingenious as most manufacturers1 but he says that all the inventions in which he is interested came out of the brains of his workmen1 and that they are sharing with him and the public the benefit of their discoveries4 ,apart from the serious inconveniences caused by the law as it is now administered1 no one could desire to confiscate the ingenuity of artisans for the benefit of master manufacturers4 ,as matters stand now1 a poor patentee is generally helpless to turn his invention into money without the assistance of a capitalist2 but to allow a master1 because he is rich enough to use an invention1 to pick the brains of a clever artisan without making him any acknowledgment1 would be to aggravate the plutocratic tendencies of the age1 which most serious thinkers would gladly mitigate as far as possible4 ,the product of invention and thought is a very difficult kind of property to protect1 but it is not on that account the less deserving of protection1 if any means can be devised for granting it without too grave an interference with the commercial freedom which public expediency demands4 ,the subject requires a more searching investigation than it has yet received4 ,lord ,stanley's ,commission scarcely touched the root of the matter1 and no attempt has even been made to test the feasibility of such suggestions as the report contained4 ,it is for those who attack the law to make out a conclusive case1 not merely against the particular system in force1 but against every possible scheme for securing to inventors the benefit of their own work4 ,and this has certainly not yet been done4 ,,extracts ,,from ,,recent ,,class ,,periodicals4 ,along with some true light and sound sense1 the shifts to which advocates of ,patent restrictions are put when they venture upon argument1 and the boldness with which advances are being made on the path of monopoly in the face of attack1 may be deduced from the following extracts picked up at a glance in current periodical class literature3-- ,a ,,good ,,illustration ,,and ,,bad ,,argument4 ,however absurd it may appear1 a valid ,patent has been for fourteen years granted1 which gave a monopoly to one person to make all the pins for all our railways4 ,i should have thought that the use of wooden trenails to fasten materials together1 to have been of ancient date1 but for this ,patent4 ,that existing ,patent-rights are1 to some extent1 obstructive to the 8right of way10 is just as true as that the right to enclose common land is so4 ,the natural remedy1 in both instances1 is to reserve 8a right of way0 to the public1 not necessarily a free right1 but one open to all1 on payment of a reasonable toll in the latter1 and of a reasonable royalty in the former case4 ,with more show of justice1 might the enclosure of common lands be prohibited than ,patent-rights for inventions be refused1 for the common lands were not only discovered1 but in human use before enclosure1 which is more than can be said of any true invention4--,extract from 8,english ,mechanic10 ,july #b1 #ahfi4 ,,growth ,,of ,,strange ,,views ,,among ,,surgeons4 ,a change in the views of ,english medical men is perceptible on the question of the propriety of a surgeon taking out a ,patent for an instrument he has invented4 ,although we have always felt it the duty of a physician who subscribed to a fixed code of ethics to abide by its regulations1 and therefore have always opposed1 on technical grounds1 the taking ,letters ,patent on improvements in surgical appliances1 we freely grant that there is no priori immorality in the act4444 ,if we read ,dr4 ,chapman's letter to the ,british ,medical ,journal1 we find that he there says3 8,i have been informed that soon after ,dr4 ,richardson invented his ether-spray instrument1 ,her ,majesty's physician1 ,dr4 ,jenner1 said1 if he were ,dr4 ,richardson1 he would patent the instrument40 ,and further on we read1 8,before ,i patented the spine bags1 ,i consulted the ,president of the ,college of ,physicians1 ,sir ,thomas ,watson1 and the head of the ,privy ,council1 ,mr4 ,simon2 and both these gentlemen expressed the opinion that ,i was justified in doing so40 ,such quotations1 in our humble opinion1 show that ,dr4 ,chapman is1 in all probability1 right1 and the majority of the profession wrong1 in objecting to his patenting an instrument which is by no means mysterious or secret4 ,we shall not be sorry to see this frank admission gain ground with the profession in this country1 and the prohibition of patenting instruments reconsidered4--,medical and ,surgical ,reporter4 ,,what ,,preliminary ,,investigation ,,requires4 444 ,to diminish the period for which he shall be allowed to retain his exclusive right4444 ,if a gratuitous privilege of five years' duration be a sufficient price for ,john ,bull to pay inventors for inducing them to make their inventions ,patent1 ,i know no just reason why he should pay more in the form of monopoly price for that which he can purchase for the shorter term4444 ,to enable an efficient preliminary investigation to be made with facility1 either by individuals1 or by the official examiners1 ,i propose to compile a history of inventions1 discoveries1 and processes1 for one rather more full and modern than ,beckman's would be required4 ,i have long advocated the compilation and official publication of this great work1 for it is not nearly enough for this purpose to have only a classified abridgment of the specifications of ,english or ,british ,patents4 ,in addition to this1 besides all foreign ,patents1 a brief classified description of the million things formerly and now being done and suggested is almost absolutely necessary to enable either official or private investigators to arrive at anything like a probable resolution of the question1 if a given thing it is proposed to ,patent is new4--,extract from 8,english ,mechanic10 ,july #i1 #ahfi4 ,,hard ,,pushed ,,for ,a ,,defence ,,of ,,patents4 7,extract from ,leading ,article in 8,engineer0 of ,july #i1 #ahfi47 ,in a civilised state1 we say1 everything is property that is the fruit of a man's own intellect1 and if the law does not make it property1 then the law1 not the principle1 is to blame4 ,advocates for the abolition of ,patent-,laws consider the following as one of their most powerful arguments3 ,they say that if inventors would restrict themselves to the initiation of inventions great and good1 there might be some plea for the concession of reward through monopoly or otherwise2 but the fact is otherwise4 ,it suffices to take the most cursory glance at ,patent records1 they say1 to be made aware that processes great and good constitute but a very small minority of those on behalf of which ,patent fees are paid and the rights of monopoly claimed4 ,we readily grant the second clause of the statement4 ,the number of great and good inventions1 by comparison with the obviously trivial claims1 is very small indeed2 but we altogether fail to perceive what legitimate source of grievance this can be to the public4 ,on the contrary1 it seems to us demonstrable that under a competent system of ,patent-,law organisation the fees accruing from these claims of trivial intrinsic import might be utilised and made to fructify4 ,the surplus thus accruing might be used in diminution of existing ,patent fees1 in establishing a museum of inventions creditable to the nation and the epoch1 and in other ways conducive to the development of invention in general4444 ,our own experience points to many cases like this2 wherefore we are assured a proposition of some not wholly averse to ,patents1 whereby they would establish courts of preliminary investigation to determine whether any given process should be deemed worthy of patenting or not1 would be altogether futile4 ,according to our way of viewing the case1 the registration of inventive novelties should be encouraged on other grounds than that already specified4 ,we hold the record of failures to be of1 at least1 equal importance to the record of successes4 ,anybody who has given much time to promote invention will1 we are sure1 coincide in our opinion1 that the knowledge of what others have been unable to accomplish in some particular line of invention is one of the most likely conditions of his own success4 ,this collateral value of failures does not seem to have been heeded by those who are most prominent amongst the advocates of ,patent abolition4 ,from matters of undisputed non-success1 we pass now to the consideration of others confessedly of some value1 but the importance of which is trivial4 ,in respect to such it is argued by ,mr4 ,macfie that they much embarrass the manufacturer by needlessly stopping the way until terms can be come to with the inventor4 ,the plausibility of this reasoning we fail to see4 ,does not the assumed worthlessness of an invention of the series contemplated bar the need of coming to terms with the inventor at all8 ,what manufacturer in his senses would treat for the use of an invention that he knows to be worthless--such foreknowledge being a postulate on which the argument is raised1 and on which the objection turns8 ,the national value of a readily-accessible and classified record of invention must be obvious to all4 ,those who would desire to uphold the ,patent-,laws1 and those who would wish to abolish them1 must alike coincide in this point4 ,we insist upon this part of the subject all the more strenuously from the conviction that the upholding the abrogation or modification of the ,patent-,laws will turn1 after all1 on considerations of public expediency1 not on considerations of right and wrong to individual inventors4 ,this being so1 the collateral value of ,patent-,laws1 in establishing a record of inventive progress1 cannot be too prominently kept in view4 ,,patent ,,rights ,,and ,,patent ,,wrongs4 ,sir1--,on page #bgi1 in speaking of steel rails1 you say3 8,could a better result than that achieved by ,mr4 ,bessemer1 and by those who hold licences under him1 have been arrived at under the #8,no-,patent' system80 ,decidedly not1 for it has landed them in wealth2 but ,i will suppose a by no means improbable case4 ,suppose ,belgian manufacturers had secured ,patent-rights in ,england1 and demanded a royalty preventing ,english manufacturers from selling their steel rails1 as you state1 under #abl4 per ton1 when without such royalty they could be sold at #il4 per ton4 ,now1 the case would stand thus3 the ,belgian manufacturers could be supplying the world with steel rails at #il4 per ton1 while the ,english manufacturers were prevented by their own laws for fourteen years from manufacturing them under #abl4 per ton1 although all the materials were lying at their doors1 and both masters and men wanting the work4 ,if ,england wishes to maintain her position in the trading and manufacturing world1 monopolies and prejudice must be things of the past4444 ,you will say the inventor has a right to the invention4 ,granted2 there were no laws to prevent him from finding it out1 and getting all the advantage he could out of it1 and there ought not then to have been a law made to prevent any one else finding out the process or improving upon it4 ,i cannot see the right of giving anyone the power to block the public highway of thought and enterprise4 ,necessity is the mother of all useful inventions1 and if steel rails were required1 ,english manufacturers would have soon found out how to make them1 without a ,patent ,law to help them4 ,r4 ,r4 ,s4 --,from the ,english ,mechanic4 ,,report ,,of ,,the ,,chamber ,,of ,,commerce ,,of ,,cologne ,,on ,,the ,,patent ,,question4 ,for the following translation ,i am indebted to the ,hon4 ,j4 ,c4 ,heustler1 of the ,legislative ,council of ,queensland3-- ,the resolution to abolish ,patents on inventions1 arrived at by the ,chamber of ,commerce of ,cologne1 at their sitting of the #aeth ,sept41 #ahfc1 has been confirmed in a report to the ,ministry of ,commerce1 as follows3-- ,the ,patent is a monopoly1 and if it has been said in its favour that it is justifiable and only temporary1 it is1 notwithstanding1 subject to all the disadvantages in its consequences which are common to all monopolies4 ,endeavours to compete in the sphere of inventions are suddenly checked by ,patents1 while1 on the other hand1 many a patentee1 instead of continuing to work with zeal1 and to advance in the direction commenced1 simply occupies himself to watch with jealousy possible infringements of others on his monopoly during the currency of his ,patent4 ,consumers pay exorbitant prices during a number of years for the manufacture so patented1 or receive the same in a less perfect condition than would be the case if competition had exercised its wholesome influence on the manufacture of the article in question4 ,it may be rejoined1 that nobody is forced to buy the patented article1 or to make use of the patented invention2 also that the common weal would profit more by the utilisation of an invention1 even if burthened for a period of from five to fifteen years1 than not have it in use at all4 ,to this it could be replied1 with good reason1 that with the constant activity which working minds develop upon all fields of industry1 the invention of it would have been made shortly after by ,b1 and by him possibly would have been brought to light in still greater perfection4 ,if the invention of ,a1 however1 is patented1 the inventive perfectioning of the object by ,b must rest until the expiration of ,a's ,patent4 ,the more an invention is to the purpose for general adaptability1 the more reasonable appears the supposition that others would have arrived at the same invention4 ,in spite of the contrary intention1 ,patents proved themselves an impediment to the progress of human ingenuity1 and by each newly-granted ,patent an unrelenting 8halt0 is shouted to the competition in that direction4 ,on closer reflection1 even persons who move in circles which1 from personal interest1 have hitherto used their influence to give the greatest possible stability to ,patent-rights1 will come to the conviction that the disadvantages outweigh by far the advantages4 ,the ,patent system1 viewed from a standpoint of political economy1 produces a similar influence as the ,lottery4 ,the 8grand prize0 dazzles all2 however1 only one can have it1 and the multitude of those who contributed to the solving of the problem lose very often a not inconsiderable stake in uselessly-incurred costs1 and lost time and trouble4 ,many have been induced by the system to rush after doubtful reward in the shape of a ,patent1 instead of steadily applying their ability and knowledge to regular industry4 ,besides1 it is not sufficient to make up one's mind to make an invention capable of being patented2 such proceedings lead to a success in the most rare cases4 ,the most important discoveries have proceeded1 on the contrary1 from those who thoughtfully prosecute their regular avocations4 ,the fear that with abolition of ,patents the ingenuity of mankind would slacken1 we cannot share1 because the germ of progress is embodied in human nature1 and because the joy over an invention made1 and the satisfaction felt at a new discovery1 in themselves are powerful impulses for the employment of energies in such directions4 ,a strong proof of the correctness of this assertion the men of science furnish1 whom we have to thank for the most important discoveries1 in so far as the application of physical and chemical laws to industry are concerned--which have been always handed over immediately to the public with the utmost liberality4 ,others have based their inventions on such laws1 and managed to acquire for this one or that other a ,patent1 and thus1 to their own advantage and to the cost of the public1 made an invasion of territory hardly legitimately theirs4 ,they reaped where others had sowed4 ,let us take1 for instance1 all the lighting apparatuses during the last twenty-five years4 ,the different lamp contrivances during this period for which ,patents have been granted by the industrial ,states of ,europe will number several hundreds4 ,now1 if we sift the matter1 we will find that all these patented combinations are simply variations of a principle which ,berzelius established and applied to his spirit-lamp4 ,similar is the experience with the invention of ,bunsen1 who reduced the costs of the electric battery considerably1 by applying a hard sort of coke in place of the platinum in ,grove's ,battery4 ,in a still higher degree has ,morse acted meritoriously4 ,it is true1 ,morse1 in consideration of the signal importance of his invention1 has received a public reward in the shape of money1 and this mode of acknowledging real merit in the province of inventions recommends itself for adoption even in individual ,states4 ,after the abolition of ,patents1 apart from such acknowledgments as aforesaid1 very soon associations of the various interested parties who1 by each discovery1 would be equally benefited1 will be formed for the purpose of rewarding new inventions made in accordance with indicated problems1 the solution of which may be felt to be most important to them4 ,for ,state rewards only such inventions should be taken cognizance of as1 according to their nature1 cannot be kept secret1 and are not of a kind that will ensure to the inventor an adequate reward by his own use of them4 ,principles1 which hitherto have not been admissible for ,patents1 would be likewise excluded from rewards4 ,there could be also no premiums for new modes of manufacture1 such as simpler or cheaper manufacture of materials already known1 and in the same manner manufacture of new articles directly going into consumption1 because1 in the first case1 the secret use of the invention would present an equivalent1 while in the latter cases the start which the inventor has with regard to manufacturing1 as well as disposal1 before and over his competitors1 in most cases is more than sufficient reward for the merit of having given mankind new means of satisfying human enjoyments and necessities4 ,it was consequently a timely ,convention between the ,states of the ,zollverein1 which already1 under date of #bast ,september1 #ahdb1 acknowledged the principle that the granting of a ,patent henceforth could establish no right to prohibit either the import or the sale1 nor the use of articles agreeing with those patented1 as far as articles of consumption are concerned1 and that a right of that nature was only applicable to machinery and tools for manufacturers and artisans4#aj ,accordingly1 the granting of rewards would have to be restricted to inventors of useful machinery and tools1 who do not use them solely in their own interest and keep their construction a secret1 but1 on the contrary1 make them accessible to everybody by multiplication4 ,with such regulations as to ,patent-right in force in ,germany1 it will be observed that here1 as in other countries1 the great disadvantage arises from this1 that by the patenting of an invention its utilisation or trial is prohibited to home industry1 while the foreigner is quite at liberty to make use of it and to bring the articles in question to market in the country where the ,patent exists4 ,in this manner foreign industry is actually enjoying a preference1 to the detriment of the industry of that country in which the ,patent is granted2 consequently even the patentee1 through such foreign competition1 loses the intended reward partially4 ,the example furnished by the ,patent on the manufacture of aniline colours in ,france illustrates the case4 ,on the whole1 it is not to be denied that those advantages which the ,patent monopoly should guarantee are often not in harmony either with the value or the importance of the patented invention2 just as often these advantages do not reach the author of the invention at all1 but flow into the pockets of such people as make it a business either to purchase ,patent-rights1 and so work them for their own account1 or in partnership with the patentee1 taking care to secure for themselves the lion's share4 ,it is further proved by experience that insignificant and most simple inventions have often brought extraordinary advantages to the patentee1 while the discoverers of important novelties 7we instance only ,reissel1 who introduced the screw as a motor in navigation71 in spite of ,patent-rights1 could not find gratitude nor reward for what they accomplished4 ,we arrive1 consequently1 at the conclusion1 that the partly imaginary advantages of ,patents are outweighed by the disadvantages attached1 and that1 as the industrial condition of ,switzerland exemplifies1 no further use of such means is any longer required in helping to elevate industry in all its branches to a very high standard1 or to keep pace with the development of other countries in that direction4 #aj ,i cannot but think the patenting of machinery a great disadvantage to any community4 ,yet if importing were allowed in spite of the ,patent1 the exaction of heavy royalties1 and of royalties graduated according to work performed 7which is the greatest source of evil71 would be impossible1 and the disadvantage be neutralised4--,r4 ,a4 ,m4 ,,extracts ,,from ,m4 ,,vermeire4 ,after most of this fasciculus is in type1 ,i am favoured with a copy of ,m4 ,vermeire's 8,le ,libre ,travail10 ,brussels1 #ahfd1 from which ,i subjoin three extracts4 ,the first1 a noble passage quoted by that gentleman from ,m4 ,bastiat's 8,harmonies ,economiques30-- 8,c'est la concurrence qui fait tomber dans le domains commun toutes les conqutes dont le gnie de chaque sicle accrot le trsor des gnrations qui le suivent4 ,tant qu'elle n'est pas intervenue1 tant que celui qui a utilis un agent naturel est matre de son secret1 son agent naturel est gratuit sans doute1 mais il n'est pas encore commun2 la conqute est ralise1 mais elle l'est au profit d'un seul homme ou d'une seule classe4 ,elle n'est pas encore un bienfait pour l'humanit entire4 ,si les choses devaient rester ainsi avec toute invention1 un principe d'ingalit indfinie s'introduirait dans le monde2 mais il n'en est pas ainsi1 ,dieu1 qui a prodigu a toutes ses cratures la chaleur1 la lumire1 la gravitation1 l'air1 l'eau1 la terre1 les merveilles de la vie vgtale1 l'lectricit et tant d'autres bienfaits innombrables1 ,dieu1 qui a mis dans l'individualit l'intrt personnel qui1 comme un aimant1 attire toujours tout lui1 ,dieu1 dis-je1 a plac aussi au sein de l'ordre social un autre ressort anquel il a confi le soin de conserver ses bienfaits leur destination primitive1 la gratuit1 la communaut4 ,ce ressort1 c'est la concurrence4 8,ainsi l'intrt personnel est cette indomptable force individualiste qui nous fait chercher le progrs qui nous le fait dcouvrir1 qui nous y pousse l'aiguillon dans le flanc1 mais qui nous porte aussi a le monopoliser4 ,la concurrence est cette force humanitaire non moins indomptable qui arrache le progrs1 mesure qu'il le ralise1 des mains de l'individualit1 pour en faire l'hritage commun de la grande famille humaine4 ,ces deux forces qu'on peut critiquer1 quand on les considre isolment1 constituent dans leur ensemble1 par le jeu de leurs combinaisons1 l'harmonie sociale4 8,et1 pour le dire en passant1 il n'est pas surprenant que l'individualit1 reprsente par l'intrt de l'homme en tant que producteur1 s'insurge depuis le commencement du monde contre la concurrence1 qu'elle la rprouve1 qu'elle cherche la dtruire1 appelant son aide la force1 la ruse1 le privilge1 le sophisme1 la restriction1 la protection gouvernementale1 le monopole40 ,the second1 portion of an interesting letter by ,m4 ,paillottet1 diteur-commentateur of ,bastiat's works1 7written in ,may1 #ahfc73-- 8,cette connaissance1 rsultat de son travail1 est pour toujours lui2 nul ne peut la lui enlever ni ne doit l'empcher de s'en servir4 8,seulement1 comme la nature permet d'autres hommes de se livrer la mme recherche1 qu'elle les y excite et souvent mme leur en fait une ncessit1 le jour doit arriver o la notion que cet homme possdait seul est aussi possde par d'autres4 ,ce jour-l1 je dis que le premier inventeur n'a plus seul le droit de se servir d'une notion qu'il n'est plus seul possder4 ,prtendez-vous que je le dpouille du rsultat de son travail8 ,j'ai vous rpondre3 ,si je dpouille le premier1 vous1 vous dpouillez le second1 le troisime1 le centime inventeur peut-tre2 si je dpouille le ,chinois1 vous1 vous dpouillez ,guttemberg6 8,un mot maintenant sur le droit la rciprocit de services4 8,je crois fermement1 avec ,bastiat1 que #8la vritable et quitable loi des hommes1 c'est3 ,echange librement dbattu de service contre service4' 8,si un inventeur me rend service1 je lui dois un service quivalent2 ,dieu me garde d'en disconvenir4 ,mas de mme que je n'exige pas de l'inventeur ses services et ne l'oblige pas en recevoir de moi1 j'entends qu'il n'exige pas les miens et ne m'impose pas les siens4 ,entre lui et moi1 l'change doit tre prcd d'un libre dbat amenant le consentement des deux parties4 ,m4 ,le ,hardy de ,beaulieu oublie ou supprime la ncessit du libre dbat40 ,the third1 a narrative by my able and ardent ,belgian fellow-labourer in this great cause1 the ,abolition of ,patents1 ,m4 ,vermeire himself1 to whose work ,i refer readers4 ,he will allow me to say ,i impute it to no deficiency in courtesy on his part that it escaped earlier and due notice4 ,he there gives the ,chambers of ,commerce of this kingdom credit for opinions which they have not generally embraced up to this hour3-- 8,m4 ,eugne ,flachat attaque la loi des brevets comme une lpre industrielle4 ,m4 ,arthur ,legrand ne critique pas moins vivement cette lgislation suranne ainsi que ,m4 ,michel ,chevalier1 que l'on peut considrer1 juste titre1 comme le chef des conomistes franais4 8,quand l'opinion de ces hommes rudits me fut connue je n'hsitai plus et je publiai l'expos de ma doctrine du ,libre travail dans l',economiste ,belge du #bh ,mars1 #ahfc4--,plus tard ,m4 ,macfie1 president de la ,chambre de ,commerce de ,liverpool1 fit connatre ses ides sur la matire et le congrs des conomistes allemands runi ,dresde en ,septembre1 #ahfc1 mit la rsolution suivante qui fut adopte une forte majorit3 8#8,considrant que les brevets d'invention n'encouragent pas les progrs des inventions et mettent plutt obstacle la ralisation de celles-ci4 8#8,considrant1 que les brevets d'invention entravent plutt qu'ils ne favorisent la prompte exploitation des inventions utiles et qu'ils ne sont pas un mode convenable de rcompense4 8#8,le congrs a rsolu que les brevets d'invention sont nuisibles au dveloppement de la prosprit publique4' 8,cet avis des hommes de la science a t cout en ,allemagne par les hommes de la pratique2 car sur les #dg ,chambres de ,commerce que renferme la ,prusse1 #ca viennent de se prononcer pour l'abolition des brevets d'invention d'aprs ce que je viens de lire dans les journaux1 au moment mme o j'cris ces lignes4-- 8,le libre travail qui fut suivi1 de mon ,examen critique de la garantie lgale des modles et dessins de fabrique provoqua une ardente discussion10 c4 ,,movements ,,in ,,germany1 ,,belgium1 ,,and ,,holland4 ,a ,belgian projet de loi in favour of copyright of models and designs in manufacture1 having been defeated1 in consequence1 as is alleged1 of ,m4 ,vermeire's efforts through the press and otherwise1 we are told-- 8,this fact demonstrates once more that in ,belgium1 as everywhere else1 opinions in favour of intellectual property within the domain of industry are declining1 and that so far from legislation tending in the direction of giving such property increased proportions1 it will soon be proposed to demolish entirely the superannuated legislation which interposes so many and so serious obstacles to the progress of industrial operations4 8,the tactics of the partisans of such property consist in identifying or assimilating it with material property4 ,this similarity permits the conclusions and deductions to be drawn which form the basis of ,patent legislation4 8,the pretended identity or similarity has been completely overthrown by ,m4 ,vermeire in his #8,le ,libre ,travail4' ,his #8,examen ,critique de la ,garantie ,lgale des ,modles et ,dessins de ,fabrique' deals a fresh blow against the confounding of property in a thing and property in an idea40 ,,extract ,,of ,,letter1 ,,brussels1 ,,june #aa1 #ahfi4 ,there is in ,belgium1 as in ,england and all other countries1 a feeling antagonistic to ,patent-rights4 ,it is even shared in by many eminent political economists4 ,i think1 however1 ,i may venture to assert that in this country the ,government1 far from participating in this feeling1 would rather be inclined1 in the event of a revision of the ,patent-,laws1 to secure in a more effectual way the rights of inventors4 ,,germany4 ,,extract ,,from ,,letter ,,of ,,an ,,eminent ,,house ,,in ,,cologne4 ,although we think it rather difficult to form a general opinion on this matter1 we still believe that most ,industrials would welcome abolition of ,patents for ,inventions4 ,the ,cologne ,chamber of ,commerce expressed1 in ,september1 #ahfc1 its opinion in the same sense4 ,german legislation regarding ,patents will probably be reformed4 ,a proposition made in this direction by ,count ,bismarck to the ,bundesrath1 contained in the 8,annalen des ,norddeutschen ,bundes10 by ,dr4 ,george ,hirth1 #aster ,heft ,jahrgang1 #ahfi1 page #cd1 #db1 ,,ii41 would interest you much1 as it coincides1 we believe1 with your motion4 ,the latest publications in ,german literature on the subject are ,klostermann 8,die ,patents ,gesetzgebung aller ,lander10 ,berlin1 #ahfi2 ,barthel 8,die ,patent-frage10 ,leipzig1 #ahfi4 ,,extract ,,from 8,,die ,,patents ,,gesetzgebung ,,aller ,,lander10 ,,by ,,dr4 ,r4 ,,klostermann 7,,berlin1 #ahfi74 ,a short time since1 in the course of the present decade1 the public has spoken out1 following numerous and important persons who wished the entire abolition of ,patents for inventions1 because they allege that the existence of such is incompatible with the free-trade movements4 ,they said that such impede industry instead of advancing it2 that the claim of the first inventor to a monopoly is untenable2 that discovery is not the work of one man1 but the ripe fruit of industrial development4 ,from the difficulty and complexity of the subject1 men would do away with ,patent-,laws2 but the real cause of the agitation against them lies in the enormous development which our international commerce has undergone in the last ten years through free-trade1 steam-boats1 and railways4 ,as the complete abolition of the 8customs-limits10 with the ,german ,zollverein customs-union1 was not made without a direct transformation of the ,patent-,laws and a positive limitation of ,patent protection1 so is--through the concluding of the treaties of commerce made during the last ten years between the ,zollverein and ,france1 ,great ,britain1 ,belgium1 and ,italy--a total reform in the ,patent-,law rendered necessary4 ,all countries1 with the single exception of ,switzerland1 recognise by their existing laws the necessity of ,patent protection2 and this case of ,switzerland is particularly brought forward by those opposed to the ,patent movement4 ,the ,commission which was appointed of ,swiss experts 7and which said that ,patent protection is unnecessary and tends to nothing good7 was impartial enough to avow that the particular advantages which ,switzerland draws from existing circumstances arise from the fact that in all the adjoining countries the protection of ,patents does exist1 but in ,switzerland alone not so4 ,swiss industry1 which is exceedingly small1 is placed in the position of imitating all foreign ,patents which find a market in ,switzerland1 and getting the benefit of the discoveries made under the protection of foreign ,patents4 ,switzerland is just in the position of a man who keeps no cats because he can use his neighbours'4 ,,holland4 ,i have before me a series of valuable illustrative documents printed by the ,government of the ,netherlands1 which are too long to introduce here4 ,the movement for abolishing ,patents in that country1 already referred to on pages #aif-bcj1 was consummated by a striking majority1 in the ,first ,chamber1 of no less than #bi to #a2 the abolition to take effect from #ast ,january next1 existing rights1 of course1 to be respected4 ,,on ,,perpetuity ,,of ,,patent-,,right4 ,the following observations1 abridged from a review1 by ,m4 ,aug4 ,boudron1 of ,m4 le ,hardy de ,beaulieu's ,la ,proprit et sa ,rente1 are from the ,journal des ,economistes for ,may3-- ,the author assimilates the inventor's privileges to proprietorship of a field4 ,nevertheless there is a fundamental difference between the two kinds of property4 ,independently of ,state privileges1 the originator of a discovery may use it as his own1 and even to the exclusion of all others1 provided he keep it secret1 so that he shall have no competitor to encounter2 whereas the owner of a field1 if he is deprived of his right1 loses all4 ,the advantages of an invention may be enjoyed simultaneously by many persons2 the produce of a field by one only4 ,now for a difference of importance affecting the interests of the public4 ,give the possessor of a field his right in perpetuity1 and you have circumstances the most favourable for its yielding all the produce which it can4 ,not so with the privilege of an inventor1 for it essentially consists in hindering others from bringing the methods or materials that are patented into use4 ,from the time of invention and first exploitation the privilege is an obstacle2 it limits the amount of good that society would in its absence enjoy4 ,what1 then1 is the motive of certain ,states in conceding this exclusive privilege8444 ,the legislators who have created the right thought that there would in consequence be a larger number of useful inventions and improvements1 and that1 on the whole1 society would be a greater gainer than if there were no ,patents4444 ,as there are innumerable instruments and processes for which ,patents have been and might still be taken1 there must1 if perpetuity of privilege be granted1 be a prodigious number of monopolies1 and almost no operation could be performed1 nothing done1 without people being obliged to pay tribute to some privileged person4 ,there would be a countless host of administrators like receivers of tolls and pontages1 diminishing wealth in place of creating it2 the world would soon produce too little to sustain the monopolists and their employs4 ,we thus arrive at an impossibility4 ,but conceive all this possible1 and the world must yet miss a great number of inventions and improvements1 that would under the system of perpetuity be prevented4 ,this is seen by the obstacles which even privileges of limited duration throw in the way of new inventions4 ,in actual practice progress is often attained only by the use of previous inventions4 ,but what if these are the subject of ,patents the holder of which will not come to terms or cannot be treated with8 ,retardation1 if the privilege is temporary2 a full stop1 if perpetual4 ,,notes ,,illustrative ,,of ,,mr4 ,,macfie',s ,,speech4 ,page #ag4 ,the views taken in the text as to the meaning of the word 8manufacture0 receive confirmation from the following extract from the ,engineer of ,june #d1 #ahfi3-- ,,the ,,american ,,patent-,,law4 444 ,accordingly1 in the first general ,patent-,law passed by ,congress1 the subject for which ,patents were to be granted were described as the invention or discovery of 8any useful art1 manufacture1 engine1 machine1 or device1 or any improvement therein not before known or used40 ,in the next statute--that of #bast ,february1 #agic--the phraseology was first introduced which has been ever since employed--namely1 8any new and useful art1 machine1 manufacture1 or composition of matter1 or any new and useful improvement in any art1 machine1 manufacture1 or composition of matter1 not known or used before the application for a ,patent40444 ,we have1 then1 the following four heads of subjects suitable for ,patents--viz41 an art1 a machine1 a manufacture1 and a composition of matter4444 ,in ,england1 to make a new process the subject of a ,patent1 the word 8manufacture0 would be used1 and would have to be interpreted somewhat liberally4 ,thus1 in some cases1 there might not be a perfect distinction between the thing itself and the art or process of making the thing4444 ,with regard to the head 8manufacture10 we cannot do better than give the definition which ,mr4 ,curtis has added as a note to his work4 ,he says a manufacture 8would be any new combination of old materials1 constituting a new result or production in the form of a vendible article1 not being machinery40444 ,as well as from the following extract from-- ,,hindmarch ,,on 8,,vending ,,or ,,selling40 8,the sole privilege of making the invention as expressed 444 is in truth the same in substance as the sole privilege of using and exercising it4444 ,by the first section of the ,statute of ,monopolies1 patents granting #8the sole buying1 selling1 making1 working1 or using of anything' are declared to be void1 and the proviso in favour of inventions contained in the sixth section only extends to #8grants of privilege of the sole working or making of any manner of new manufactures1' leaving the sole buying or selling of anything within the prohibition4444 ,the sole privilege granted by a ,patent for an invention authorises the inventor #8to make1 use1 exercise1 and vend' the invention4444 ,and as no one can use the invention except the patentee1 no one besides him can lawfully have such articles for sale4444 ,every part of the privilege granted by a ,patent for an invention1 when thus explained 767 is therefore clearly within the meaning of the exception contained in the ,statute44440 ,i demur4 ,is there anything in the ,statute to prevent a person importing articles and vending them though the same as the privileged person is alone allowed to make or work8 ,in point of fact that surely might1 when the statute was passed1 be done from ,scotland and ,ireland as to manufactures not patented in these countries1 but patented in ,england4 ,page #ah4 ,the number of ,patents granted in the first fifty years after the ,statute of ,monopolies was seventy-two1 or at the rate of less than one and a-half per annum4 ,page #ai4 ,the following list of applications for ,patents up to the end of #ahfb1 in several classes1 is abridged from ,mr4 ,edwards' interesting treatise on1 or rather against1 8,letters ,patent for ,inventions30-- ,oct41 #aheb1 to ,before ,dec4 #ca1 #ahfb4 ,oct41 #aheb4 ,total4 ,railways and ,railway ,carriages #a1dah #fcj #b1jah ,telegraphs #eeh #aji #ffg ,steam and ,steam ,boilers #a1bic #cgg #a1fgj ,steam-engines #a1bbh #gjd #a1icb ,spinning #a1hcg #a1abj #b1ieg ,electricity1 ,galvanism1 and ,electroplating #ffb #ch #gjj ,sewing and ,embroidery #ceb #dj #cib ,heating and ,evaporating #a1ajh #cgc #a1dha ,fireplaces1 ,grates #cag #afi #dha ,flues and ,chimneys #bgh #ge #cec ,fuel #bbg #abi #cef ,ventilating ,buildings1 ,carriages1 ,ships1 c4 #cib #ha #dgc ,,suggestive ,,extracts ,,from ,,dr4 ,,percy',s ,,works ,,on ,,metallurgy4 ,page #cd4 ,,the ,,copper ,,trade4 ,it would be sheer waste of time even to notice many of the mis-called improvements in copper--something for which ,patents have been granted in this country during the last twenty years4 ,some of the patentees display such deplorable ignorance of the first principles of chemistry1 and such utter want of practical knowledge1 as would seem hardly possible with the present facilities of acquiring information4 ,various ,patents have been granted for alleged improvements in the treating of copper ores1 of certain products obtained in the smelting of copper ores1 c41 which are only worthy of notice as affording1 as ,i conceive1 satisfactory illustrations of the defective state of our existing ,patent-,laws4444 ,that a man who has worked out an original and valuable process from his own brain1 and who may have incurred great expenses in bringing it to a practical issue--it may be1 after years of protracted toil and anxiety--should have secured to him by law during a moderate term the exclusive privilege of reaping the substantial reward of his own invention1 appears to me as just and reasonable as that an author should be protected against piratical and unprincipled publishers4 ,but that the law should confer upon a man the exclusive right of appropriating to his own benefit facts which are perfectly familiar to every tyro in chemistry1 and of practising operations which are of daily occurrence in the laboratories of chemists1 is as impolitic as it is unjust4 ,and surely1 the particular 8inventions0 above referred to belong to this category4 ,i cordially subscribe to the opinion expressed by ,mr4 ,grove1 ,q4,c4--namely1 that the real object of ,patent-,law was to reward not trivial inventions1 which stop the way to greater improvements1 but substantial boons to the public2 not changes such as any experimentalist makes a score a day in his laboratory1 but substantial1 practical discoveries1 developed into an available form4 ,,the ,,hot ,,blast4 ,it cannot strictly be termed a great invention1 for what great exercise of the inventive faculty could it possibly have required for its development8 ,there was no elaborate working out of a process or machine1 as has been the case in many inventions1 but the thing was done at once4 ,without wishing in the smallest degree to detract from the merit to which ,mr4 ,neilson is justly entitled1 ,i may nevertheless express my opinion that the hot-blast was a lucky hit rather than an invention1 properly so-called4 ,whatever opinion may be entertained as to the expediency of ,patents1 there can be no doubt that such a ,patent as this ought never to have been granted4 ,a ,patent1 even though it may be proved invalid1 confers upon its possessor a locus standi in the eye of the law1 and enables him thereby to involve innocent persons in most expensive litigation1 to say nothing of the attendant annoyance and anxiety4 ,the preliminary examination before the ,attorney or ,solicitor-,general is in many cases an absolute farce1 and nothing less4 ,the present system1 although confessedly an improvement on the old one1 is yet in many cases highly obstructive and injurious to national interests4 ,page #ej4 ,the following passage from the ,engineer of ,may #bh1 proves clearly that the ,bessemer ,patents do raise prices of iron3-- ,the present royalty on rails is #bl4 per ton2 on each ton a drawback of #al4 is nominally allowed1 but the nature of ,mr4 ,bessemer's arrangements with regard to scrap1 crop ends1 waste1 c41 is such that the true royalty on every ton of ,bessemer rails delivered to a railway company--in other words1 sold--amounts to about #al4 #es4 #f;d4 ,after the lapse of ,mr4 ,bessemer's ,patents in ,february1 #ahgj1 this sum1 all but #bs4 #f;d4 per ton royalty on plant1 will be saved2 and1 therefore1 in ,march next year1 rails may be bought for at least #al4 #cs4 per ton less than they cost now4 ,,working ,,men ,,as ,,inventors4 ,page #fb4 ,somewhat to my surprise1 ,i am led to apprehend that the interest of working men will be represented as coinciding with retention of invention monopoly4 ,i hope they are too wide awake to believe such a fallacy1 and too upright to approve of the continuance of a proved national disadvantage1 even though it were not a fallacy4 ,if ,patents are injurious to the community by raising prices of articles of consumption and utility1 then the operative and labouring classes1 inasmuch as they constitute the bulk of the population1 must be the chief sufferers4 ,if ,patents interfere with labour in any direction1 and tend to drive trade away from our island1 they1 as the mainstays of industry1 must be the chief sufferers4 ,the only pretence for such an allegation as ,i am combating is this3 some inventions in all trades1 many inventions in some trades1 are made by artisans1 who therefore will lose this form of reward4 ,true enough2 but is the reward to these few individuals a compensation for the evils inflicted on the many--the millions8 and is not the reward often so like the gift of a white elephant1 or the catching of a ,tartar--so much of a delusion1 a difficulty1 a disadvantage1 a snare1 a ruin--that their wisest counsellors would warn against its fascination1 especially if through their own favour for my propositions there is the choice of fair and satisfactory alternative recompenses8 ,the position of working men in respect to ,patents is frequently dealt with in this compilation2 their attention and co-operation ,i respectfully invite4 ,,the ,,inventors' ,,institute4 ,an ,inventors' ,institute has been formed for the purpose of maintaining the ,patent ,system1 and amending it in such a way as1 ,i fear and am sure1 will only make its yoke more galling and its burden heavier4 ,the public will do well to remember that1 in spite of the name1 this is rather a society of patentees1 including in its membership a portion only of those inventors who take ,patents1 and not including the innumerable inventors who do not take ,patents1 and who suffer by the system which the ,institute is intended to perpetuate1 extend1 and knit more tightly on us all and in the first place on them4 ,the honoured names who direct that society will do well to consider who are inventors and what are inventions4 ,if they would but reflect that we are almost to a man inventors in the sense in which the great mass of patentees are such1 and that the majority of inventions which choke the ,patent-office are such as themselves1 at any rate1 would disdain to claim and scorn to annoy their fellows by patenting1 they would probably arrive at the conviction--which is half-way on the road to complete emancipation of trade from the fetters they hug--that the system is so practically bad that rectification is hopeless1 and would join in endeavours1 not to amend what is1 even theoretically1 defective and bad1 but to devise and introduce a thoroughly good substitute4 ,i hope the present publication will not be in vain1 when it endeavours to remove well-meaning prepossessions by force of truth4 ,,justification ,,of ,,state ,,rewards4 ,page #ha4 ,it is just and expedient that the public exchequer should pay inventors1 because--#a4 ,the ,state is entitled1 or required1 to undertake all beneficent and useful works which1 while they ought to be done for or by the nation1 yet cannot be so well1 or at all1 done by individuals4 #b4 ,though individuals1 more than the nation collectively1 will reap the benefit of these payments1 it is manifest that the range of inventive improvement is so wide that on the average of years every portion of the community1 and every individual in all portions1 will share the benefit pretty equally4 #c4 ,the demand for remunerating inventors proceeds from the ,state1 not manufacturers or producers4 #d4 ,these last cannot1 under the rgime of free trade1 pass over from their own shoulders upon those of consumers--who are the real1 because ultimate1 recipients of the benefit--the burden of royalties1 or other payments to inventors4 #e4 ,the charge of #bjj1jjj per annum is1 after all1 on a population of thirty-two millions but a poll-tax of three halfpence per head4 ,on how easy terms would we obtain for the nation a universal1 prompt enjoyment of every novelty1 and complete emancipation of our commerce and manufactures from an incubus and thraldom which are every day becoming more depressing6 ,,the ,,patent-,,office ,,establishment4 ,page #hf4 ,the ,patent-office in ,southampton-buildings1 ,chancery-lane1 is an establishment highly creditable to its organisers1 but far too little known4 ,its free consulting library should be more frequented4 ,the publications there sold at a cheap rate1 and presented gratuitously to public institutions which undertake to keep them for reference under fitting regulations1 are invaluable4 ,the indexes1 manuscript and printed1 there kept1 are elaborate1 and include lists of scientific and practical matter affecting commerce and the arts1 culled from periodicals issued in all countries4 ,no change in our manner of dealing with inventions can deprive us of1 or supersede the use of1 such an accessible storehouse of useful knowledge4 ,the wonder is1 that its advantages are not more extensively availed of1 and that so few even of our great towns have applied for sets of its specifications and indexes4 ,there is1 in spite of the establishment's excellence1 room for improvement in several respects1 one of which is in the providing better means for connecting itself with the mass of the people in the provinces4 8,,the ,,new ,,canadian ,,patent-,,law4--,the ,patent ,bill which has been for some time before the ,parliament of the ,dominion1 has passed4 ,the hope1 to which we alluded a few weeks ago1 that the ,bill might be modified to enable ,americans to obtain ,patents in ,canada1 has not been fulfilled2 and the only effect of the ,bill1 so far as we are interested1 is to shut out ,american inventors from a larger amount of territory than before40--,extract from 8,american ,artisan10 ,june #bj1 #ahfi4 ,,notes ,,and ,,extracts ,,on ,,royalty ,,in ,,copyright1 ,,with ,,especial ,,reference ,,to ,,international ,,negotiations ,,affecting ,,north ,,america4 ,,international ,,copyright4 ,the present opportunity is availed of to recommend to notice the royalty form of ,international ,copyright as one which might probably be acceptable to the people of the ,united ,states4 ,i apprehend there is little or no prospect of their agreeing to negotiate on the basis of the monopoly form of ,copyright which is now established in both countries4 ,this has often1 but never successfully1 been urged on the ,united ,states4 ,the advantages to ,british authors and publishers of so large an extension of area are obvious4 ,there are now in that country near forty millions of people much more able to read and to buy than our thirty millions4 ,it is in the interests of ,british authors1 publishers1 and traders1 most desirable to get so large an addition to the number of the readers and buyers of ,english literature4 ,every year the benefit will be greater1 but perhaps less easily attainable4 ,the conscience and generous impulses of the great ,american nation will naturally incline them to negotiate on a principle which 7as ,i hope they will consider that of royalties does7 at once fairly meets the reasonable claims of authors and the equally reasonable claims1 or rights1 of the public4 ,authors and the trade would soon become familiar with1 and reconciled to1 the change in the form of their remuneration4 ,they cannot but admit and feel that it is the duty of statesmen1 when constituting ,copyright1 to take care that its effect is on the whole beneficial--as beneficial as is consistent with fair treatment of authors--to the whole body of the people for whose sake they govern4 ,if ,i am warranted in anticipating that1 whereas now under monopoly a new book of intrinsic value is seldom or almost never possessed by1 or even seen in the houses of1 the labouring population1 there would under royalties be a tendency to cheapness which might be confidently relied on as the means of bringing such works within reach of the masses--not when they are stale1 but when they are fresh--can ,i doubt that the concurrence both of authors and legislators is a matter of hope approaching to certainty8 ,when staleness is suggested as a deterrent from1 and freshness as a pleasant stimulus to1 the reading of books1 this is no more than the practical recognition of a taste universal among men and women1 whether it concerns food material or food intellectual4 ,let us work it for the good of our race4 ,but it is a quality and power unattainable except either by royalties or else by the ,chinese system of open literature4 ,that the present system works unsatisfactorily1 even in a mere trade point of view1 ,i am convinced1 and for confirmation refer to figures ,i append from a ,return on the ,book ,trade lately laid before the ,house of ,commons4 ,the sale of books at home and the export of books to the colonies and foreign parts1 admit of vast expansion4 ,we should legislate so as to accomplish1 in regard to books1 at the least such an expansion as has been attained in regard to newspapers4 ,while the present form of ,copyright remains in force1 it would be vain to expect that the existing hindrances will be overcome4 ,publishers1 therefore1 may well co-operate4 ,but ,i appeal with equal directness to philanthropists1 especially all those who have the power of representing to their fellows what a folly and mistake it is to write books with a view to the moral1 social1 and religious welfare of men1 and yet to rest satisfied with a system of law and trade that find the recompenses of authorship and of publishing ventures in a limited sale of dear books instead of an extensive sale of cheap ones--of a few good books at a large profit instead of many good books at a small6 ,i could adduce from my own transactions conclusive proofs of the bad working and obstructive operation of monopoly in ,copyright4 ,ireland1 in particular1 may well exclaim against it2 for before the ,union the publishers of ,dublin used to drive a useful business in reprinting ,british works which they have1 under the present system1 been deprived of1 to their own loss and the incalculable disadvantage of their countrymen4 ,the ,chinese1 it is said1 do not recognise ,copyright4 ,what the effect is on their literature ,i know not4 ,but their post-office and custom-house officers should1 at any rate1 rejoice that1 unlike the establishments in enlightened ,britain1 they are not employed in the interests of private individuals as detectives of contraband literature4 ,i submit with some confidence a scheme ,i have sketched4 ,it is one which ,i hope will at least prepare the way for this important national and international question receiving the earnest attention it merits4 ,,suggestions ,,for ,,the ,,amendment ,,of ,,the ,,system ,,of ,,copyright ,,for ,,books1 ,,by ,,mr4 ,,macfie4 7,from the ,leith ,herald of -- ,jan47 #a4 ,the period of exclusive privileges to continue as at present1 unless any publisher demand that it shall be shortened1 which he may do any time after the end of the first year1 provided he intimates to the author or assignee of the author1 or their agent1 at the ,stationers' ,hall1 or other place duly appointed1 that he intends to publish an edition at a lower price within a year1 and also lodges there a specimen copy and a statement of the intended price4 #b4 ,on such new edition the intended publisher shall be liable to pay in advance five per cent4 on the retail price of the book4 #c4 ,and there shall be impressed on the first sheet of each copy a distinctive stamp approved by the ,stationers' ,hall1 without which it shall be a penal offence to print or vend any copy4 #d4 ,every publisher making such an intimation shall be bound to actually publish1 according to his notice1 unless the author or his assignee1 within six months of his receiving intimation1 shall lodge at the ,stationers' ,hall a bond obliging himself to publish on his own account1 an edition at least as good in quality1 at a price no higher2 such bond to bar any action under the provisions of ,article #a4 #e4 ,no reprint to differ from the original edition1 without the author's consent1 either in the way of abbreviation1 enlargement1 or alteration of the text4 #f4 ,if a book is out of print for a whole year1 the copyright privilege to lapse4 #g4 ,by special arrangements a longer period of exclusive privilege shall be allowed for ,encyclopdias1 works de luxe1 c4 ,engravings1 photographic illustrations1 c41 not to be subject to the condition now proposed in this paper4 #h4 ,government to endeavour to negotiate international copyright treaties on the principle exhibited in the foregoing1 with the ,united ,states and other foreign countries1 in order to1 first--the increase of the area of remuneration to authors2 and1 second1 the removal of all unnecessary obstruction to the exchange of literary productions4 #i4 ,on the completion of the above treaty or treaties1 all examination and stopping of books by the ,custom-house and ,post-office to cease4 #aj4 ,government to endeavour to persuade foreign ,governments to exempt printed matter from duty1 or else to charge duty at a moderate rate by weight1 and not ad valorem4 ,the ,british colonies to enter into the ,copyright 8,verein0 which would be so constituted1 but without any import or export duty1 except in so far as proximity to the ,united ,states may render modification in ,canada desirable4 ,in the event of such international arrangements being negotiated1 the author or assignee of any copyright work to have an agent in the capital of each of the united countries1 who shall be empowered to receive and give the notices1 intimations1 and bonds provided for in ,articles #a and #d4 ,i am satisfied that the system of royalties could be carried out in practice without difficulty4 ,each author would have a special stamp--call it1 if you will1 trademark--the use of which1 required as a condition of circulation1 he would authorise under such superintendence as he may think fit4 ,no copy should be legally saleable without the stamp1 just as in ,france no pamphlet can be sold without the ,government stamp4 ,strong confirmation of the applicability of the royalty principle to literature reaches me after the preceding is in type1 which ,i subjoin2 ,no4 ,i4 being extracts from articles published in #ahcg and #ahci1 by ,thomas ,watts1 ,esq41 ,keeper of the ,printed ,books of the ,british ,museum2 and ,no4 ,,ii41 a chapter from 8,trait des ,droits d',auteurs10 by ,m4 ,renouard1 ,paris1 #ahch4 ,i4 7,extract from the ,mechanics' ,magazine1 ,vol4 #bg1 #ahcg47 ,this is the last of the new provisions mentioned in the preface1 and the only one in the whole bill that seems intended for the benefit of the public4 ,we were in hopes of finding at least one other1 to provide for some method of 8taxing0 the price of new works1 as used formerly to be done in foreign countries when a ,copyright was granted4 ,a limit is proposed to be fixed to the profits of railway companies2 why are authors and publishers to be allowed to demand what sums they please8 ,when they find they have a giant's strength1 they are too apt to use it like a giant4 ,there is such a thing1 not only in theory1 but in practice1 as laying too heavy a tax on an author's admirers4 ,in the height of ,walter ,scott's popularity there was no other way of obtaining an early copy of a new poem than by purchasing it in the inconvenient form of a ponderous quarto2 it generally1 a few months afterwards1 appeared in an octavo shape2 but in one instance1 ,sir ,walter1 finding it desirable to force the sale of an unsaleable periodical with which he was connected1 8,the ,edinburgh ,annual ,register10 inserted one of his poems in one of the yearly volumes1 and drove all such of his adversaries as had not bought the quarto to buy a cartload of old news1 along with the vision of ,don ,roderick4 ,is all this justified by the comprehensive maxim that a man may do what he likes with his own8 ,since the ,copyright of ,sir ,walter's poems has drawn near the term of extinction1 his publishers have thought fit to issue them in editions not only so cheap that they suit the pocket1 but so small that they may be put into it4 ,his novels are ,copyright still1 and the consequence is1 that they are still not only dear1 but ill got up4 ,what a torrent of ,elzevir editions of 8,waverley0 there would be if it were now public property6 ,at present there is not one edition of it in one volume1 the most usual and convenient form for a standard novel--not one edition in ,elzevir1 the most usual and convenient size4 ,and this is to remain so for the next sixty years6 ,sergeant ,talfourd might provide a remedy for these evils in the literary tribunal which1 though he makes no proposal for it in the present ,bill1 he is anxious to see established1 for the decision of literary cases 7and his arguments for which1 by the bye1 would answer equally well in regard to every other profession74 ,it would provide itself1 if a project were adopted for a ,copyright-,law1 of which we shall now proceed to state the outlines1 but without the forlornest hope of ever seeing it tried4 ,let an author be empowered to sell the ,copyright of his work to a particular publisher for the space of five years only--a term at the end of which nine-tenths of the works now published are completely forgotten4 ,let it then become public property1 in the same way that a play1 on being published1 becomes public property1 since ,mr4 ,bulwer's ,act4 ,as a manager now has the right to act any play he chooses1 on paying a certain sum to the author for each night of representation1 so let any printer have the right to print any work on paying a certain sum to the author for each copy he issues4 ,the main1 perhaps the only1 objection to the plan would be the necessity of establishing some ,excise regulations1 with regard to printing-offices1 for the prevention of fraud4 ,the great recommendation1 of course1 would be1 that of every work of reputation we should have cheap and elegant editions2 that such of them as required comment and illustration 7and now1 when the ,copyrights expire1 it is speedily found that very few of them do not7 would receive it at an earlier period1 and that the works of living authors would be much more extensively diffused than they are1 while their interest would1 it is hoped1 be advanced in an equal proportion to their fame4 ,after all1 however1 we are afraid that no ,copyright ,act1 however favourable to authors1 will exercise a perceptible beneficial influence on literature4 ,our own at present is frivolous1 and it is assigned as a cause that our authors are ill-protected4 ,if this be really the cause1 in what sort of a state ought that of ,germany to be8 ,it is1 however1 in the very country where piracy is most prevalent that solid literature is most flourishing4 ,unhappily1 no ,act of ,parliament can reform the taste of the public4 7,extract from the ,mechanics' ,magazine1 ,vol4 #bi1 #ahci47 ,how and why is it that foreign editions take the place of our own8 ,because1 undoubtedly1 of the difference in the price of the two1 caused by the monopoly which in one case remains in the hands of one publisher4 ,is it not notorious1 in fact1 that even those of the middle classes who have a love for literature never1 with rare exceptions1 purchase a ,copyright book1 and that for the very good reason that they cannot afford it8 ,their only way of getting a sight of a new publication complete is by obtaining it from a circulating library2 and particular passages that they wish to have by them1 for the purpose of reference or re-perusal1 they get possession of1 if they get possession at all1 by purchasing them extracted in some of the cheap periodicals which subsist on extracts4 ,the effect of this state of things is now manifesting itself in the condition of our literature1 which is becoming more and more the literature of circulating libraries--a heavy mass of light reading4 ,how1 indeed1 can it be expected that an author will take pains when he knows that all his pains will be of no use2 that his history or his travels will only come into the hands of those who will be compelled to rush through them at a certain rate1 and return them by a certain hour4 8,he who runs may read10 under the present system1 and none but those who do run4 ,this system has come up under the twenty-eight years' monopoly4 ,is it likely to be improved under a law which will secure a monopoly for sixty years certain1 and perhaps a hundred8 ,we do not think it is4 ,the advocates of the ,bill indeed triumphantly refer us to the recent cheap editions of ,copyright authors1 as proofs of the--we hardly know what2 for what do they prove in their favour8 ,the greater part of the works alluded to--the poems of ,southey1 the novels and poems of ,walter ,scott1 are works of which the ,copyright is on the verge of expiring4 ,the following extract is also from the same volume3 ,the strangest misapprehensions seem indeed to prevail generally as to this question2 one of the strangest is1 that the only parties interested are the authors and the booksellers1 and that if the ,bill be thrown out1 the former will suffer1 that the latter may be enriched by the fruit of their labours4 ,the third party1 whose interests are not the least among those concerned--the public--is generally quite lost sight of4 ,thus it has been said1 in reference to the often-quoted case of ,wordsworth1 that the question is1 whether the heirs of the poet shall enjoy the profit of his works1 or the heirs of ,mr4 ,tegg 7the bookseller who is so active in opposition to the ,bill74 ,but it is no such thing4 ,under the present law1 at ,mr4 ,wordsworth's death1 and the consequent expiration of the ,copyright in his works1 they would become the property1 not of this or of that man's heirs1 but of 8all ,england10 of the public at large4 ,if ,mr4 ,tegg1 or his heirs1 reap any profit1 it will only be by the exercise of their callings1 and ,mr4 ,wordsworth's heirs will have just the same privilege4 ,the notion that the title of the cause now pending is only 8,author v4 ,bookseller10 has been worked upon to such an extent1 that it would almost seem that the advocates of the ,bill see the importance of mystifying the public on the subject1 and preventing the names of the real defendants from being seen4 ,,ii4 ,,chapter ,,from ,m4 ,,renouard',s 8,,trait ,,des ,,droits ,d',,auteurs40 ,la garantie d'un droit exclusif de copie sur la reproduction de l'ouvrage est le meilleur mode de salaire de la socit envers l'auteur4 ,long-temps on a cru que les crivains et les artistes devaient tre pays par des pensions et des faveurs4 ,c'taient en quelque faon l',etat et les princes qui acquittaient ainsi la dette du public1 et en mme temps que l'on ne se faisait nul scrupule d'accepter ces faveurs1 on tait facilement dispos rougir du paiement tirer du public par la vente de son droit de copie sur ses propres ouvrages 7#a74 ,une partie des ides a bien chang4 ,aucun prjug dfavorable ne s'attache fltrir la vente qu'un auteur fait de ses uvres4 ,tout au contraire1 une raction s'est opre4 ,l'industrie s'est mle la littrature1 et a trop souvent pris sa place4 ,les pensions et les faveurs n'ont pas cess2 mais elles ont t relgues un rang accessoire et secondaire4 ,les littrateurs n'ont plus comme autrefois une existence part1 qu'ils tiennent des princes et des grands1 dont la libralit leur faisait de paisibles loisirs1 et auxquels1 en change1 ils donnaient des louanges et quelquefois de la gloire4 ,les lettres mnent la fortune1 jettent dans les affaires et les honneurs4 ,l'observateur moraliste aurait dire sur cette revolution mle de biens et de maux4 ,dans l'ordre actuel1 comme dans la vie littraire ancienne1 les passions grandes ou mesquines1 les instincts gnreux ou cupides1 le calcul et le dsintressement ont leur action et leur rle4 ,mais1 somme toute1 les ides sont mieux leur place4 ,vivre du tribut volontaire que le public s'impose ne rabaisse aucune position1 ne messied aucun gnie4 ,d'insurmontables difficults s'lvent contre tout mode de paiement1 qui procderait par voie de pensions1 de traitement fixe1 ou mme1 sauf quelques exceptions trs rares1 par prix d'achat1 une fois pay1 achat qui prendrait la forme d'expropriation pour cause d'utilit publique1 si l'auteur n'tait pas laiss matre de s'y refuser4 ,avec de telles formes de salaire1 la justice distributive serait impossible2 et il n'est pas de trsor qui pt suffire aux insatiables prtentions1 aux faveurs capricieuses1 aux concussions faciles auxquelles on ouvrirait une large porte4 ,qui donc si1 par exemple1 on adoptait le procd d'expropriation pour cause d'utilit publique1 dclarerait cette utilit et apprcierait les travaux8 qui calmerait les rivalits8 qui ferait justice de la mdiocrit8 qui inventerait des rcompenses dignes du gnie1 sans soulever l'envie8 qui irait au devant du mrite fier ou modeste8 ,attribueriez-vous au gouvernement l'estimation des ouvrages acheter dans l'intrt public8 et ne voyez-vous pas quels prilleux soupons1 quelles intrigues subalternes1 quelles corruptions habiles1 quels profits honteux vous exposez l'administration1 sans parler de toutes les erreurs auxquelles elle ne saurait chapper8 ,ferez-vous valuer les ouvrages des crivains par leurs pairs2 et1 si dsintresse1 si modeste1 si impartiale que soit toute la littrature1 oserez-vous ne vous en rapporter qu' elle seule dans sa propre cause8 ,trouverez-vous dans des magistrats1 dans des jurs1 les habitudes d'esprit et la spcialit de lumires indispensables pour une si hasardeuse dcision8 ,pour moi1 je n'aperois de toutes parts qu'inconvniens1 qu'impossibilit4 ,il n'est qu'un seule juste apprciateur du salaire d aux crivains et aux artistes3 le public4 ,il n'est qu'une seule apprciation juste3 celle que le public1 sans la formuler1 mesure sur l'utilit et le plaisir qu'il tire d'un ouvrage4 ,un seul mode de paiement me parat juste et possible3 c'est celui qui attribue l'auteur1 sur chaque dition ou sur chaque exemplaire de son ouvrage1 un droit de copie4 ,ce moyen est celui que l'exprience a fait reconnatre comme le plus simple2 c'est aussi le plus quitable2 car1 en gnral l'valuation la plus judicieusement approximative de l'utilit d'un livre consiste dans le succs qu'il obtient4 ,il rsulte de l'adoption de ce moyen que le salaire de l'auteur se trouve trs subdivis1 et que le prix de chaque exemplaire s'augmente de la part qu'il supporte dans la valeur gnrale assigne l'objet de la copie4 ,sans doute1 ce renchrissement est un inconvnient2 car les livres bon march sont des propagateurs d'ides plus rapides1 plus puissans1 plus actifs que ceux dont le prix est lev4 ,mais il n'y a pas de paiement pour les auteurs1 si l'on n'a1 par une voie quelconque1 recours au public pour le fournir4 ,renchrir un livre1 parce qu'il faut acquitter le droit de copie1 c'est tablir une sorte d'impt4 ,or1 un impt1 quoique offrant toujours en lui-mme des inconvniens pour le public1 se lgitime par sa destination1 lorsqu'il rend1 en dpenses gnrales1 en scurit individuelle1 en garanties efficaces1 plus que ce qu'il te chaque contribuable4 ,c'est acheter trop cher l'abaissement du prix d'un livre que de ne pas payer l'auteur1 que de le sacrifier ses travaux1 que de le dcourager et de le jeter dans l'avilissement par la misre4 ,le livre cotera un peu plus1 mais il verra le jour1 mais on ne l'aura pas touff avant sa naissance2 mais surtout on n'aura pas t injuste envers celui qui on le doit4 ,dire que l'on aimerait mieux passer un pont1 un canal1 sans rien payer1 que d'en rembourser les frais par un page2 que l'on aimerait tre gard par une arme1 sans payer les soldats2 jug par les tribunaux1 sans payer de juges2 instruit ou rcr par un auteur1 sans payer son travail2 par un libraire1 sans payer les frais de vente2 par un imprimeur1 sans payer les frais de fabrication2 par un laboureur1 sans payer sa culture et son bl1 ce serait la prtention trange de tout prendre dans la socit sans y rien mettre1 et d'exploiter nos semblables1 comme s'ils n'taient pas gaux nous2 ce serait le renversement de toute ide sociale4 ,cet impt au profit de l'auteur sur son ouvrage peut se percevoir de deux manires4 ,l'une consiste interdire tout autre qu' l'auteur ou ses ayant-cause1 la facult de fabriquer l'ouvrage et de le vendre2 l'autre serait de laisser chacun pleine libert de fabriquer et de vendre l'ouvrage1 mais la charge de payer une certaine rtribution l'auteur4 ,le premier systme tablit un privilge1 le second une redevance4 ,le second systme peut de prime abord sduire4 ,beaucoup de personnes qui ne renonceraient qu'avec peine voir dans le droit de copie un objet de proprit1 auraient volontiers recours aux redevances1 pour conserver par une sorte de suzerainet qui pourrait indfiniment s'tendre1 quelque image d'une proprit indfiniment transmissible4 ,l se place l'aise l'ordre d'ides qui1 faisant deux parts de la partie spirituelle et de la partie lucrative de chaque ouvrage1 livre au public la jouissance de la premire1 et ne retient parmi les biens vnaux et exploitables que la seconde4 ,ne nous occupons pas encore des objections qu'il y aurait faire1 soit la trs longue dure1 soit la perptuit d'une redevance4 ,ces argumens s'appliqueraient galement la trop grande extension que l'on essaierait de donner 1 la dure des privilges4 ,examinons les inconvniens inhrens au mode de redevance considr en lui-mme4 ,ce qui le rend inadmissible1 c'est l'impossibilit d'une fixation rgulire1 et l'excessive difficult de la perception4 ,peut-tre1 force de soins1 surmonterait-on les obstacles la perception2 mais1 quant la fixation de la redevance1 le rglement en est impossible4 ,cette fixation ne peut dpendre ni de la volont arbitraire de l'auteur1 ni de l'valuation que jugerait propos de faire toute personne qui voudrait user du droit de copie4 ,s'en rapporter l'apprciation du dbiteur de la redevance est une absurdit manifeste2 mais il serait absurde1 au mme degr1 de s'en remettre au prix que demanderait l'auteur4 ,que serait ce1 en effet1 autre chose que de lui confrer le privilge d'exploitation8 ,il vaudrait mieux mille fois lui attribuer franchement le monopole sur son ouvrage que d'arriver au mme rsultat par cette voie dtourne4 ,demandera-t-on la loi de dterminer une redevance fixe8 mais quoi de plus injuste qu'une mesure fixe1 rendue commune des objets essentiellement ingaux8 ,prendrait-on pour base le nombre des exemplaires1 l'tendue du volume1 son prix de vente8 mais il est des ouvrages dont cent ou cinq cents1 ou mille exemplaires suffiront jamais la consommation1 tandis que d'autres se dbitent par dix et cent mille3 mais l'tendue du volume varie avec tous les caprices de la fabrication3 mais le prix est plus variable encore4 ,sans parler des hausses et des baisses dont personne n'est matre1 sans parler de l'extrme facilit des fictions dans les prix1 et de l'impossibilit de les constater1 ne sait-on pas que l'on fabrique des ,tlmaque vingt sous1 et d'autres1 qui ne seront pas trop chers1 cent ou deux cents francs8 ,avec le texte qui ne varie point1 il faut parler du papier1 des caractres d'impression1 des soins typographiques1 des ornemens accessoires de gravure ou autres1 objets tous variables l'infini4 ,si votre redevance a pour base une valeur proportionelle1 chaque ,tlmaque de deux cents francs produira1 pour le seul droit de copie1 plus que ne vaudra1 dans l'autre dition1 chaque exemplaire tout fabriqu2 et cependant ce sera toujours le mme texte qui n'aura pas plus de valeur intrinsque dans un cas que dans l'autre4 ,resterait un dernier mode de fixation2 il consisterait1 en cas de dsaccord entre le dbiteur de la redevance et l'auteur1 dans un rglement par experts1 variable suivant les circonstances4 ,mais qui ne voit tous les frais1 tous les dlais1 tous les procs auxquels chaque affaire donnerait lieu1 pour n'tre1 la plupart du temps1 que trs capricieusement dcide8 ,le raisonnement juge cette question comme l'exprience l'a tranche4 ,l'exclusion de tout autre systme acceptable conduit1 par la logique1 l'adoption de privilges destins garantir le monopole d'exploitation1 soit l'auteur seulement1 soit l'auteur et ses ayant-cause4 ,toutes les lgislations actuellement en vigueur en adoptant ces privilges ont voulu qu'ils fussent temporaires4 ,les motifs pratiques de cette opinion ont t indiqus par la haute intelligence de ,napolon dans une discussion du conseil d'tat 7#a74 ,privilges1 monopoles2 ces mots sonnent mal3 les mots de proprit littraire recommandent bien mieux une opinion4 ,si je disais que cette diffrence dans les mots n'a pas t sans influence sur le succs divers des deux systmes1 les lecteurs srieux trouveraient cette remarque bien futile2 elle est futile en effet2 mais elle est vraie1 et des personnes1 tenues pour graves1 s'imaginent qu'elles argumentent parce qu'elles s'crient3 ,quoi6 vous attaquez la proprit au nom du privilge et du monopole6 ,je n'aurais point entendu ce propos que j'y aurais cru d'avance4 ,que d'opinions se dterminent par des mots6 ,j'ai defini la proprit4 ,quant la dfinition du privilge1 tout le monde la connat3 c'est une loi prive1 privata lex4 ,ai-je besoin d'ajouter1 d'une part1 qu'il existe des privilges parfaitement lgitimes2 et1 d'autre part1 que souscrire au dogme de la proprit littraire1 c'est dcider1 d'un mot1 que le monopole des productions de l'intelligence sera concentr1 perptuit1 entre un petit nombre de privilgis4 ,,extracts ,,on ,,international ,,copyright4 ,i refer to the following extracts1 wishing they accorded more with the views ,i myself espouse4 ,it is about twenty years since ,mr4 ,cobden told me he was opposed to ,copyright4 ,whether the philanthropist1 statesman1 and patriot changed his opinion1 ,i do not know1 but ,i trust my propositions are such as many profound admirers of his will find consistent with his policy and principles3-- ,,extract ,,from ,,the ,,cobden ,,club ,,prize ,,essay1 ,,by ,,dr4 ,,leavitt1 ,,of ,,new ,,york4 #ahfi4 ,when the people of these two nations shall all read freely the same books1 and when the audience of both ,english and ,american authors shall be the whole ,english-speaking public throughout the world1 the petty jealousies1 the trivial misapprehensions1 the unhappy distrusts1 which dishonour the intelligence of the age1 will be known no more4444 ,the proposed ,international ,copyright has an important bearing in this connexion4 ,the object of this copyright is to give to the authors of books1 or their assigns1 the exclusive right of publication in both countries1 in order to keep up the price in both4 ,that this enhancement of the price in one country of books produced in the other will have a tendency to limit the mutual circulation of current literature1 will not be questioned4 ,whether the proper encouragement of authors requires this to be done1 is the point which the two ,governments should first settle4 ,copyright does not exist1 except as created by law1 for it begins only when the steps are taken which the law prescribes1 and it continues only so long as the law extends it4 ,there is1 therefore1 no natural right involved4 ,a man's thoughts are his own only so long as he keeps them to himself4 ,when he has uttered them they become the thoughts of all who receive them1 and who thenceforth use them at pleasure4 ,the title to a thought by original invention is no better than the title to an asteroid by original discovery4 ,the clothing of a man's thoughts in language no more entitles him to their exclusive publication1 after they are gone forth to the public1 than a man's careful study of the clothing of his person entitles him to forbid the imitation of his garb and gait as he walks the streets4 ,the law creates ,copyright on the assumption that the public good will be promoted by the encouragement thus granted to authors to publish their works4444 ,the pecuniary return realised from their publications is neither the only nor the chief encouragement by which authors of merit are induced to publish their works4 ,the good they may do to mankind1 the reputation they may acquire1 and the satisfaction of seeing their thoughts widely diffused and received1 and made a part of the mental wealth of their country and age1 outweigh a thousandfold1 to an enlarged and generous mind1 the value of the material silver and gold yielded by their ,copyright4 ,and it cannot be doubted that these higher returns are directly increased by freedom of publication unrestricted by ,copyright2 because cheapness of price1 and variety in the forms of publication1 are prime elements in the widest circulation of books4444 ,it is impossible to exaggerate the value of this international exchange of ideas through the medium of books1 as a means of that general assimilation of thought and life which is the highest guaranty of political and commercial intercourse and permanent friendship between the two countries4 ,while each nation1 for the most part1 buries its own literary trash1 and each retains the exclusive circulation of books adapted specially to its own use1 the whole volume of the best thoughts of one country have now their widest diffusion1 through their freedom of publication in the other4 ,the present is a favourable time for the consideration of this important question4 ,the following extract from the editorial columns of the ,bookseller1 of ,may #a1 is confirmatory and encouraging3-- ,an ,english author has no rights whatever in the ,united ,states2 this should be thoroughly and clearly understood4 ,he may make any arrangement he may think proper with regard to the publication of his works1 but can acquire no ,copyright in any way4 ,he may wish ,brown and ,co4 to be his sole and only publishers1 but cannot prevent ,jones and ,co4 bringing out rival editions2 consequently1 he can derive little or no profit from his works4 ,by sending out early sheets1 so as to give ,brown a few days' advantage over ,jones1 he may get a small payment1 but the sum may be very small4 ,moreover1 should ,messrs4 ,jones have noted his coming greatness1 and have been the first to announce his first book1 albeit quite unknown to him1 they will claim to be his publishers2 and although1 he may wish to give ,brown the preference1 they will feel themselves aggrieved and insist upon helping to make him famous4 ,should he go to ,america1 and first publish his book there1 he will find himself in a still worse position2 he is like the notorious 8,man without a ,country0--he has positively no rights at all2 he has none in ,america1 and has none here4 ,it was long supposed that an ,american author was in a similar position2 but it is not so4 ,by a fluke he has secured rights which he never dreamed of1 and by means of our ,copyright-,law1 may obtain privileges denied him by his own4 ,his plan is simply this3 having prepared two copies of his ,,ms41 he places one in the hands of his ,boston or ,new ,york publisher1 with directions to publish on a certain day2 the other he forwards to a ,london house1 with directions to publish at the same time4 ,just before the day of publication1 which is possibly at that time of the year when ,saratoga is an abode more agreeable than the ,fifth ,avenue1 he proceeds to the ,canadian side of the ,falls4 ,here he spends a few hours1 and then returns1 without encountering more inconvenience than saving his hotel expenses by buying a suit of clothes1 on which he pays no duty on his return4 ,thereupon he finds that by so simple a process he has obtained ,copyright in the ,united ,states1 in the dominion of ,canada1 in ,australia1 ,india1 ,france1 ,germany1 and ,great ,britain6 ,we can imagine the lively twinkle of his eye as he crosses the ,suspension-bridge1 to think what cute people the ,britishers are to have secured all these privileges for him4 ,we believe1 therefore1 that ,american authors are not very anxious about the matter4 ,by taking a little trouble1 they can secure all they wish4 ,english authors have not been fairly treated4 ,they are at great disadvantage1 and must be satisfied for the present to work for fame1 or but for little more4 ,fortunately for them1 the ,american publishers1 seeing that they do what they are legally entitled to do1 are quarrelling amongst themselves1 and are crying out for protection4 ,here is introduced the case of an ,american publishing-house stated by themselves1 which concludes thus3-- 444 8,a review of these facts naturally suggests the reflection that the interests of the book-trade in this country1 no less than the protection of authors in their just rights1 require further legislation at the hands of ,congress4 ,it is high time for the passage of a well-considered ,international ,copyright-,law1 such as will wipe away from our country the reproach of what are known as #8pirated editions4'0 ,we quite agree with this4 ,some legislation is called for4 ,but now comes a third party1 the public1 which has its rights as well as the others4 ,we shall very likely incur some odium for admitting that the million have any rights whatever to the productions of men of letters1 and may be told that emanations of the brain are as much the private property of their authors as the guineas are of the man of business4 ,so they are1 so long as they keep them1 to themselves2 but when they have communicated them to the world they are no longer their exclusive property4 ,it is right that they should have a modified protection1 and we think it must be admitted that ,english authors are amply protected in their own country4 ,we think1 however1 that the ,american public will not be disposed to give them the same amount of protection there1 nor is it well that they should have it4 ,they are1 however1 entitled to some protection1 and we hope the day is not far distant when ,english authors will reap some solid advantages wherever the ,english language is spoken4 ,we are disposed to think that seven years would generally be long enough for the purpose2 although so short a time would be hard upon such men as ,grote1 ,motley1 ,merivale1 ,webster1 and others1 whose lives have been spent upon their works4 ,we take it for granted that the law1 when modified1 will be the same on both sides1 and that ,dickens and ,longfellow will receive equal treatment4 ,we are too selfish to give up our cheap editions of ,longfellow1 and ,american citizens are not what we take them to be1 if they would1 for a whole generation1 debar themselves from popular editions of ,dickens4 7,from ,the ,bookseller1 ,june #a1 #ahfi47 ,,copyright ,,in ,,canada4--,letter by the ,times' correspondent3--8,under the ,english ,law1 ,english ,copyrights reprinted in the ,united ,states are imported into ,canada1 subject to the same duty as other imported articles2 but these ,copyrights cannot be reprinted in ,canada1 the consequence being that the ,canadian public is almost entirely dependent on the ,united ,states for reprints4 ,the ,english author is seriously injured1 inasmuch as not one-tenth part of the reprints which find their way to ,canada are entered at the ,custom-house or pay duty40444 ,mr4 ,rose replies3--8,the undersigned is ready to admit that the principle involved is theoretically at variance with the general policy of the mother-country1 in so far as the object of that policy is to secure to authors an absolute monopoly in works of literature for a term of years2 but it must be remembered that the necessity for this exceptional legislation arises out of a previous partial departure from this theoretical policy1 which in its practical operation is shown to afford a premium to the industrial interests of a foreign country1 c4 ,if it could be shown that the concessions asked for would result in any way to the practical disadvantage of the author1 or lessen the protection which it is intended to secure to literary labour1 there might be some reason for withholding them4 ,if the rate of duty1 whether import or excise1 were inadequate1 it would be an equally reasonable argument against the extension of the law2 and in that case the rate could be augmented4 ,but the undersigned fails to see any reason why1 so long as the importation from abroad is permitted1 the publication in ,canada at an equal rate of duty should be withheld40 7,extract from the ,atlantic ,monthly1 ,october1 #ahfg47 444 ,this work1 we repeat1 cost the author #bd1jjj dollars to produce4 ,messrs4 ,harpers sell it at #ae dollars a copy2 the usual allowance to the author is #aj per cent4 of the retail price1 and as a rule1 it ought not to be more4 7,extract from the ,american ,booksellers' ,guide1 ,june #a1 #ahfi47 ,at a public meeting recently held in ,montreal1 respecting the ,copyright-,law1 it was resolved to apply to ,parliament for an amendment permitting ,canadian publishers to print ,british ,copyright works upon the payment of #ab per cent4 to ,british authors4444 ,the payment by the publisher of #e or #aj per cent41 or of a fixed sum1 for a ,copyright of a book1 whether by an ,american or ,british author1 does not necessarily increase the price of the book4 7,extracts from an ,article in the ,athenum1 ,july #ag1 #ahfi47 ,this great question is of especial interest at the present time1 in consequence of opinions and demands put forward by ,canada with relation to ,copyright property in the ,united ,kingdom4 ,it appears that for some time past a correspondence has been carried on between the ,canadian ,government and the ,imperial authorities upon the subject of 8,copyright-,law in ,canada40 ,this 8,correspondence0 7having been laid before the ,canadian ,parliament7 has been printed and published4 ,it commences with a resolution of the ,canadian ,senate 7passed #aeth of ,may1 #ahfh7 that the ,governor-,general should be prayed 8to impress upon ,her ,majesty's ,government the justice and expediency of extending the privileges of the ,imperial ,copyright ,act1 #ahdg1 so that whenever reasonable provision and protection shall1 in ,her ,majesty's opinion1 be secured to the authors1 ,colonial reprints of ,british ,copyright works shall be placed on the same footing as foreign reprints in ,canada1 by which means ,british authors will be more effectually protected in their rights1 and a material benefit will be conferred on the printing industry of the ,dominion40444 ,all the ,north-,american colonies soon availed themselves of this ,act of #ahdg1 and ,orders in ,council were founded upon them2 the rights of ,british authors being deemed sufficiently protected by an ad valorem import duty of #bj per cent4 upon the value of the 8foreign reprints10 that1 being about one-tenth of the price of the works as published in ,england6 ,there appears to have been no debate in either ,house upon this ,act of #ahdg1 and it seems to have escaped all public notice on the part of ,british authors and publishers during its progress in ,parliament4 ,from the time ,her ,majesty's ,orders in ,council enabled the colonies to avail themselves of that ,act1 it has operated as a stimulus and considerable premium to the 8legalised robbery0 of ,british ,copyright property in the ,united ,states1 and has1 practically1 given printers and publishers there a monopoly in 8foreign reprints0 of ,english books4 ,the ,act of #ahdg is1 therefore1 a partial confiscation of those ,copyrights which have been acquired in ,england under ,earl ,stanhope's ,act of #ahdb1 because the colonies have1 for the last twenty years1 been almost exclusively supplied with ,english books by ,united ,states reprints of those books4444 ,in #ahfg the 8dominion of ,canada0 was created by the ,imperial ,act of that year1 which united all ,her ,majesty's ,north ,american ,colonies4 ,it was then found that printing had become much cheaper in ,canada than it was in the ,united ,states2 and amongst the earliest ,acts of the first session of the ,canadian ,parliament two statutes were passed--one1 8,an ,act respecting ,copyrights20 and the other1 8,an ,act to impose a ,duty upon ,foreign ,reprints of ,british ,copyright ,works40 ,under the first of these ,acts1 no work of 8any person resident in ,great ,britain or ,ireland0 is to be entitled to the protection of that ,act unless 8the same shall be printed and published in ,canada40 ,and under the second of the above ,acts it is sought to keep alive the injustice of allowing 8foreign reprints0 to be imported into ,canada as a basis for that resolution of the ,canadian ,parliament to which we have called attention4 ,such are the facts which preceded the ,canadian 8,correspondence40 ,it commences with the resolution which1 in effect1 advocates 8the justice and expediency0 of enabling ,her ,majesty's ,canadian subjects at their discretion 7and without the permission of the owners7 to confiscate the property of authors of ,british ,copyright works upon the terms of the publisher paying such authors a royalty of #ab per cent4 upon the price of the ,canadian reprints1 that being about one-tenth of the publication price of the work in ,england6 ,it appears the 8justice and expediency0 of adopting this ,canadian resolution has been pressed very strongly upon the authorities at the ,colonial-office1 and likewise at the ,board of ,trade1 by the ,hon4 ,j4 ,rose1 the ,canadian 8,minister of ,finance40 ,he frankly admits that the policy of the ,act of #ahdg 7so far as respects the protection of ,british authors7 has long been an utter failure2 that the amount of duties received for their benefit 8is a mere trifle20 and that 8it is next to impracticable to enforce the law40 ,these statements are confirmed by a letter1 dated ,june #aa1 #ahfh1 from ,mr4 ,john ,lovell 7a ,montreal publisher7 to ,mr4 ,rose1 and which appears in the ,correspondence4 ,mr4 ,lovell says3 8,at present only a few hundred copies pay duty1 and many thousands pass into the country without registration1 and pay nothing at all2 thus having the effect of seriously injuring the publishers of ,great ,britain1 to the consequent advantage of those of the ,united ,states4 ,i may add that1 on looking over the ,custom-house entries to-day1 ,i have found that not a single entry of an ,american reprint of an ,english ,copyright 7except the ,reviews and one or two magazines7 has been made since the third day of ,april last1 though it is notorious that an edition of #a1jjj of a popular work1 coming under that description1 has been received and sold within the last few days by one bookseller in this city40 ,in support of the ,canadian resolution1 the ,hon4 ,j4 ,rose likewise urges the greater cheapness now of printing in ,canada than in the ,united ,states4 ,upon this point he is also confirmed by ,mr4 ,lovell1 who says3 8,it is undeniable that ,canadian printers would be enabled to comply with the requisite conditions 7that is1 of paying a royalty of #ab per cent4 to the author71 and produce books1 thanks to the local advantages1 at a much cheaper rate than they can be produced in the ,states1 and so bring about a large export business40444 ,this application on the part of the ,canadians is answered at considerable length by the ,board of ,trade2 the substance of that answer being 8that the question raised is far too important1 and involves too many considerations of imperial policy1 to render it possible to comply with that application4 ,my ,lords1 however1 fully admit that the anomalous position of ,canadian publishers with respect to their rivals in the ,united ,states of ,america is a matter which calls for careful inquiry2 but they feel that such an inquiry cannot be satisfactorily undertaken without1 at the same time1 taking into consideration various other questions connected with the imperial laws of ,copyright and the policy of ,international ,copyright ,treaties1 and they are1 therefore1 of opinion that the subject should be treated as a whole1 and that an endeavour should be made to place the general law of ,copyright1 especially that part of it which concerns the whole continent of ,north ,america1 on a more satisfactory footing4 ,the grievance of which the ,canadian publishers complain has arisen out of the arrangement sanctioned by ,her ,majesty's ,government in #ahdg1 under which ,united ,states reprints of ,english works entitled to ,copyright in the ,united ,kingdom were admitted into ,canada on payment of an import duty1 instead of being1 as in the ,united ,kingdom1 absolutely prohibited as illegal40444 ,a circular by ,mr4 ,purday contains the following3-- ,a fact transpired only a few days since of an order being sent for some of the musical works published in ,bond-street1 on which it was stated that they must be 8,american printed copies04444 ,it is said that the ,americans have the means of disposing of #cj1jjj or #dj1jjj copies of any popular book or song they choose to reproduce4 ,this1 of course1 is a fine premium for supplanting the ,english publisher in the sale of his own ,copyright works in his own colonies4 ,,from ,a ,,manuscript ,,statement ,,by ,,mr4 ,,purday4 ,the ,act of #a and #b ,vict41 c4 #fi1 was passed into a law under the title of 8,an ,act for securing to ,authors in certain cases the benefit of ,international ,copyright10 the date of which was ,july #ca1 #ahch4 ,the #adth section is in these words3 8,and be it enacted1 that the author of any book to be1 after the passing of this ,act1 first published out of ,her ,majesty's dominions1 or his assigns1 shall have no ,copyright therein within ,her ,majesty's dominions1 otherwise than such 7if any7 as he may become entitled to under this ,act40 ,section #i says that no protection of ,copyright shall be given to a foreign author1 unless such protection shall be reciprocated to an ,english author by the country to which the foreign author belongs4 ,now1 nothing can be clearer than that the ,act of #e and #f ,vict41 c4 #de1 never contemplated giving protection to a foreign author2 but1 on the contrary1 that it was passed solely for the benefit of ,english authors4444 ,at last the whole matter was brought before the ,house of ,lords1 where it was decreed that a foreign author was not an author within the meaning of the ,acts of ,parliament1 and could neither claim any ,copyright himself nor assign any to an ,english subject1 unless he was resident in the ,british dominions at the time he sold his work1 and published it there before there was any publication abroad4 ,this1 after eleven years of litigation by various parties1 among whom my brother was the most persistent defendant1 he being perfectly convinced that if the subject came to be thoroughly investigated1 no such claims as were set up by the monopolists could be maintained either at common law or in equity4 ,the ,house of ,lords1 however1 were not called upon to decide what was meant by the term residence4 ,this1 therefore1 gave rise to an attempt on the part of an ,english bookseller to contrive a scheme which1 to the not very creditable honour of ,english jurisprudence1 as it appears to my humble understanding1 succeeded4 ,the scheme was this3 ,an ,american authoress of little repute wrote a novel1 one copy of the manuscript of which1 it is said1 was handed over1 for a consideration1 to this ,english bookseller1 to publish in ,england2 the work was got ready on this side of the ,atlantic as well as on the other side1 and1 after agreeing as to the date of entry at ,stationers' ,hall1 and the publication of the same in ,london1 the lady was desired to go over the ,victoria-bridge into ,canada1 one of the ,british dominions1 and remain there a few hours or days1 while the publication took place in ,london2 then she was to go back again for the protection of the same work1 as a ,copyright1 in her own country4 ,meanwhile1 another ,english publisher1 hearing that such an artifice was about to be attempted1 procured an ,american copy of the said work1 and republished it in a cheap form4 ,the consequence was1 that an application for an injunction was applied for by the first party1 which was granted1 and appealed against to the ,lords ,justices1 who gave it as their opinion that the word 8author0 in the ,act of ,parliament was to be interpreted in its widest sense1 and that there was no limitation to that word in the ,act of ,parliament2 therefore1 it was maintained that any author could have a ,copyright in ,england who complied with the requisitions of the ,act1 and this defective scheme was confirmed by ,lord ,chancellor ,cairns1 who remarked that none of the former decisions had stated that it was other than necessary to be in the ,british dominions during the time of the publication of the work4 ,this device may have facilitated the desire for an international law upon a righteous foundation1 now so loudly advocated in ,america4 ,in the judgment given in the ,house of ,lords1 in the case of ,boosey's assumption to the exclusive right of printing the opera of ,bellini1 the subject of residence in ,england was debated1 and ,lord ,st4 ,leonards used these remarkable words3 8,now the ,american ,legislature have no such difficulty4 ,they have expressly enacted that ,copyright there shall be confined to natives1 or persons resident within the ,united ,states4 ,those are the express words of their statute40 ,and we may remark1 farther1 that unless an alien author has resided at least twelve months in ,america1 and has made a declaration in these words1 8,i do declare on oath that it is bon fide my intention to become a citizen of the ,united ,states10 c41 he cannot obtain the privilege of ,copyright in anything he may publish there4 ,this conflict of opinion must necessarily end1 therefore1 in a new ,act of ,parliament1 which has been long needed to settle this and other much-vexed questions of ,copyright4 ,,letter ,,from ,,the ,,same4 #bd1 ,great ,marlborough-street1 ,june #ae1 #ahfi4 ,dear ,sir1--,i think your suggestion of the payment of a royalty upon the publication of an author's work1 if made mutual in both ,america and ,great ,britain1 would go far to reconcile the two nations to abandon the present unfair reprisals2 more especially if it were left to the option of any publisher to reproduce such works in the form most suited to his particular trade4 ,some publishers choose to publish in one form1 and some in another1 more or less expensive1 according to the taste or want of their customers4 ,it is true1 there might be some difficulty in arranging the percentage per copy upon such a scheme2 but that might be regulated according to the price and style of getting up of the work1 which should always be determined upon before the work is issued4 ,the question of ,copyright in music is one which presents features appertaining to itself exclusively4 ,one feature which it shares along with the other fine arts is this great fact3 that music is a universal language1 and addresses itself equally to all nations4 ,its range1 therefore1 is far wider than literature4 ,it needs no translation4 ,the taste for music is more widely diffused than that for painting and sculpture1 from which it differs in a way that causes very considerable embarrassment when the question of ,copyright comes to be particularly dealt with4 ,like paintings and statues1 music may be reproduced in a permanent form2 but1 unlike them1 the chief value of its ,copyright privilege is reproduction in sounds1 and1 therefore1 in a form unsubstantial and transient4 ,he1 therefore1 who would deal satisfactorily with this branch of the wide question of ,copyright has to provide for a demand1 and overcome difficulties1 such as do not belong to literary and artistic ,copyright4 ,but1 still further1 music--say that of an opera--may be separated into parts without serious diminution of its revenue-bearing value4 ,once more1 there is the libretto2 it belongs to the range of literature4 ,questions1 therefore1 arise1 and must be provided for1 with respect to the affinity of that part with the music1 its reproduction in the form of translation1 and its being1 as it occasionally is1 the work and property of an author other than the composer of the music4 ,there is still so much uncertainty1 approaching to confusion1 as to what really is the law1 especially with regard to international ,copyright1 in this branch1 that thorough revision and immediate international negotiations are absolutely necessary4 ,the laws of ,copyright should be divested of all ambiguity and superfluous legal verbiage4 ,in fact1 they should be made so plain that 8he that runs may read10 and understand them4 ,the payment of a royalty on foreign works is not a new thing here4 ,chappell pays #as4 a copy1 besides a considerable sum for the ,copyright1 of the last work of ,rossini--viz41 the 8,messe ,solennelle10 for the exclusive selling of the work1 and for the right of performing it here4 ,any other information ,i can give you ,i shall be happy to afford4 ,i am1 dear ,sir1 yours obediently1 ,c4 ,h4 ,,purday4 ,to ,r4 ,a4 ,macfie1 ,esq41 ,m4,p4 ,,extracts ,,from ,,correspondence ,,on ,,copyright ,,law ,,in ,,canada4 ,,laid ,,before ,,the ,,canadian ,,parliament ,,by ,,command ,,of ,,his ,,excellency ,,the ,,governor-,,general4 ,extract from a ,report of a ,committee of the ,honourable the ,privy ,council of ,canada1 approved by ,his ,excellency the ,governor-,general in ,council1 on the #bgth ,may1 #ahfh4 8,on the recommendation of the ,honourable the ,minister of ,customs1 the ,committee advise an uniform ad valorem duty throughout this ,dominion of #ab per cent41 being the rate fixed and collected in the ,province of ,canada1 previous to the ,confederation of the ,provinces--and to establish such regulations and conditions as may be subsistent with any ,act of the ,parliament of the ,united ,kingdom then in force as may be deemed requisite and equitable with regard to the admission of such books1 and to the distribution of the proceeds of such duty to or among the party or parties beneficially interested in the ,copyright40 7,from ,memorandum by the ,minister of ,finance47 8,not one-tenth part of the reprints which find their way to ,canada are entered at the ,custom-house1 or pay duty4444 ,it is proposed1 in order perfectly to secure the ,english author1 that every ,canadian publisher who reprints ,english ,copyrights should take out a licence1 and that effectual practical checks should be interposed1 so that the duty on the number of copies actually issued from the press should be paid into the ,canadian ,government by ,canadian publishers for the benefit of the ,english authors4 ,it is believed that the ,english authors would benefit enormously by the proposed change4 ,at present the amount received by ,canada for duty on ,english ,copyrights1 and paid over by ,canada to the ,imperial ,government for the benefit of ,english authors1 is a mere trifle40 7,from ,mr4 ,lovell47 8,montreal1 ,june #aa1 #ahfh4 8,in #ahdi1 ,i believe1 the ,government of ,canada1 with the sanction of ,her ,majesty the ,queen1 gave ,united ,states publishers the right to bring reprints of ,english ,copyright works into this country on payment of ,customs duty of #ae per cent41 which has since been reduced to #ab per cent41 the proceeds of the duties to be forwarded to the ,english authors as a compensation for the privileges secured to the ,american publishers4 8,the people of the ,dominion1 and especially the printing and publishing interests1 feel that they ought to possess at least equal privileges to those conceded to the foreigner4 ,there are several establishments in the ,dominion that would esteem it a great boon to be allowed to reprint ,english ,copyrights on the same terms as are now secured to ,united ,states publishers1 and would gladly pay the #ab per cent4 to the ,english authors on the total number of copies printed1 sure to be very considerable4 ,at present only a few hundred copies pay duty1 but many thousands pass into the country without registration1 and pay nothing at all2 thus having the effect of seriously injuring the publishers of ,great ,britain1 to the consequent advantage of those of the ,united ,states40 7,extract from ,letter from ,sir ,louis ,mallet to the ,under-,secretary of ,state1 ,c4,o47 8,it is obvious that1 looking to the geographical position of the ,united ,states and the ,north ,american ,confederation1 any arrangement with respect to ,copyright which does not apply to both must be always imperfect and unsatisfactory1 and it is therefore extremely desirable1 if possible1 that the ,canadian question should be considered in connexion with any negotiations conducted with the ,united ,states ,government4 8,another serious objection to the sanction by ,her ,majesty's ,government of such a proposal appears to my ,lords to be1 that1 while the public policy of the mother-country enforces an absolute monopoly in works of literature for a term of years1 it is very undesirable to admit in ,british ,colonial possessions an arrangement which1 whatever advantages it may possess 7and my ,lords fully admit that much may be said in its favour71 rests upon a wholly different principle4 8,it would be difficult1 if such a principle were admitted in the ,british ,colonies1 to refuse to recognise it in the case of foreign countries1 and thus it might come to pass that the ,british public might be called upon to pay a high price for their books1 in order to afford what is held to be the necessary encouragement to ,british authors1 while the subjects of other countries and the ,colonial subjects of ,her ,majesty would enjoy the advantages of cheap ,british literature provided for them at the expense of the inhabitants of the ,united ,kingdom40 7,extract from a ,paper by the ,minister of ,finance on the ,copyright-,law in ,canada47 8,the consequence of this anomalous state of the ,law is that ,canada receives large supplies of ,american reprints of ,english ,copyright books1 which are sold at a much higher rate than if printed in ,canada2 while1 at the same time1 so generally is the payment of the #ab per cent4 ,customs duty evaded1 and so trifling is the whole amount realised from that source 7the total received last year for the whole ,dominion of ,canada being only #gii4dc1 or #afdl4 #es4 #c;d4 sterling1 the average of the preceding four years being only #aael4 #as4 #c;d41 sterling71 that so far as regards the pecuniary or other interests of ,english authors1 for whose protection the duty was imposed and in whose behalf it is collected1 the effect is practically the same as if the reprints were avowedly admitted duty free4444 8,it is believed that if this privilege were extended to ,canadian publishers1 they would avail themselves of it to a very large extent1 and as the ,excise duty of #ab per cent4 could1 under proper regulations1 be very easily levied1 a substantial revenue would accrue therefrom for the benefit of ,english authors2 and further1 that a great impetus would be given to the interests of printers1 publishers1 paper manufacturers1 type founders1 and other important kindred branches of material industry1 and indirectly to the interests of literature and literary men4444 8,an ,american or any other foreign author1 by publishing his work first in the ,united ,kingdom1 may obtain for himself all the benefits of the ,english ,copyright-,law4 ,one of those benefits1 as the law now stands1 is to prohibit its reprint in any portion of ,her ,majesty's dominions out of the ,united ,kingdom4 ,he can equally procure its ,copyright in the ,united ,states1 and the consequence is that the price of literature is enhanced to ,british subjects in all ,her ,majesty's ,colonial possessions1 since to them and to them only can the prohibition to republish apply or be made effectual4 8,england does not confine the protection which she thus extends to her own authors4 ,the foreign author is protected against all her ,colonial subjects1 provided he publishes first within the confines of ,great ,britain and ,ireland4 ,she will not recognise a publication in a ,colonial possession as a compliance with the ,copyright ,act1 but limits the place of publication to the ,united ,kingdom4 8,such the undersigned understands to have been the solemn interpretation of the law by the ,house of ,lords in the recent case of #8,routledge and ,lowe' 7#8,new ,law ,report1' ,appeal ,cases1 vol4 ii41 pp4 #ajj-aba71 and he would very strongly call attention to the unfair position in which the policy of that law places the ,canadian publisher and the ,canadian public4 8,the mere circumstance of the publishing in the ,united ,kingdom gives the author a monopoly throughout the entire area of the ,british dominions--that author1 in the opinion of the then ,lord ,chancellor ,cairns1 need not be a native-born subject of the ,crown2 he need not be an alien friend sojourning in the ,united ,kingdom2 he need not be sojourning in a ,british ,colony1 but he may be a foreigner residing abroad4 ,this protection is afforded1 in the language of ,lord ,cairns1 to induce the author to publish his work in the ,united ,kingdom4 8,if the policy of ,england1 in relation to ,copyright1 is to stimulate1 by means of the protection secured to literary labour1 the composition of works of learning and utility1 that policy is not incompatible with such a modification of law as will place the ,colonial publisher on a footing of equality not only with the publisher in the ,united ,states1 but even with the publisher in the ,united ,kingdom4444 8,if the rate of duty1 whether import or excise1 were inadequate1 it would be an equally reasonable argument against the extension of the law2 and in that case the rate could be augmented40 ,,tendencies ,,of ,,copyright ,,amenders4 ,that pretensions under ,copyright are becoming so formidable as to demand very serious attention on the part of statesmen and of all who desire to maintain the integrity of our national inheritance of a world-wide1 heartily-united empire1 and imperial freedom from odious1 inquisitorial1 and impracticable restraints1 especially such as might hinder intellectual and moral development1 will be evident to any person who takes pains to study and follow out to their necessary consequences the provisions contained in the following transcripts from a ,bill lately introduced by an ex-,lord ,chancellor1 8for ,consolidating and ,amending the ,law of ,copyright in ,works of ,fine ,art30 ,fine ,arts ,copyright ,consolidation and ,amendment4 #cb ,vict4 ,design4--,an original conception represented by the author thereof in any work of fine art4 ,drawing or ,painting4--,every original drawing or painting1 made in any manner and material1 and by any process4 ,photograph shall mean and include every original photograph4 ,sculpture4--,every original work1 either in the round1 in relief1 or intaglio1 made in any material1 and by any process4 ,engraving4--,every original engraving and lithograph made upon a plate1 block1 or slab1 of any material1 by any process1 whereby impressions may be taken from such plate1 block1 or slab1 and the impressions taken from the same4 ,work of ,fine ,art4--,every drawing1 painting1 photograph1 work of sculpture1 and engraving as herein-before interpreted4 ,extending to all parts of the ,united ,kingdom of ,great ,britain and ,ireland1 the ,channel ,islands1 the ,isle of ,man1 and all the colonies and possessions of the ,crown which now are1 or hereafter may be1 created or acquired4 #c4 ,the author of every original work of fine art1 if made1 or first sold1 after the commencement of this ,act1 such author being a ,british subject1 or resident within any part of the ,british dominions at the time such work shall be made or first sold1 and the assigns of such author1 shall have the ,copyright of sole and exclusive right of copying1 reproducing1 and multiplying such work1 and the design thereof1 in the ,british dominions1 by any means1 and of any size1 for the term of the natural life of such author1 and thirty years after his death1 but subject to the following conditions and restrictions2 7that is to say71 c4 #i4 ,if the author of any work of fine art in which there shall be subsisting ,copyright1 after having become divested of such ,copyright1 or if any other person1 not being the proprietor for the time being of the ,copyright in any work of fine art1 shall by any means unlawfully repeat1 copy1 imitate1 or otherwise multiply for sale1 hire1 exhibition1 or distribution1 or cause or procure to be repeated1 copied1 imitated1 or otherwise multiplied for sale1 hire1 exhibition1 or distribution1 any such work1 or the design thereof1 or any part of such design1 or1 knowing that any such repetition1 copy1 or other imitation has been unlawfully made1 shall import or export into or out of any part of the ,british dominions1 or sell1 publish1 let to hire1 exhibit1 or distribute1 or offer for sale1 hire1 exhibition1 or distribution1 or cause or procure to be so imported1 or exported1 or sold1 published1 let to hire1 distributed1 or offered for sale1 hire1 exhibition1 or distribution1 any unlawful repetition1 copy1 or imitation of any such work1 or of the design thereof1 such person for every such offence shall forfeit to the registered proprietor for the time being of the ,copyright thereof a sum not exceeding twenty pounds1 and not less than two pounds1 for every first offence1 and not less than five pounds1 for every subsequent offence1 c4 #aa4 ,all repetitions1 copies1 or imitations of any work of fine art1 or the design thereof1 wherein there shall be subsisting ,copyright under this ,act1 and which1 contrary to the provisions of this ,act1 shall have been made in any foreign ,state1 are hereby absolutely prohibited to be imported into any part of the ,british dominions1 except by or with the consent of the registered proprietor of the ,copyright thereof1 or his agent authorised in writing2 and if the registered proprietor for the time being of any such ,copyright or his agent shall declare1 or if any officer of ,her ,majesty's ,customs shall suspect1 that any goods imported are prohibited repetitions1 copies1 or imitations of any such work of fine art1 or of the design thereof1 then such goods may be detained1 unpacked1 and examined by the officers of ,her ,majesty's ,customs4 #ab4 ,the ,commissioners of ,customs shall cause to be made1 and publicly exposed at the several ports of the ,united ,kingdom1 and in ,her ,majesty's possessions abroad1 printed lists of all works of fine art wherein ,copyright shall be subsisting1 and as to which the registered proprietor for the time being of such ,copyright1 or his agent1 shall have given notice in writing to the said ,commissioners that such ,copyright exists1 stating in such notice when such ,copyright expires1 and shall have made and subscribed a declaration before the collector of the ,customs1 or any justice of the peace1 at some port or place in the ,united ,kingdom or in ,her ,majesty's possessions abroad1 that the contents of such notice are true4 ,the provisions contained in the ,acts now in force1 or at any time to be in force1 regarding ,her ,majesty's ,customs1 as to the application to the courts and judges by any person aggrieved by the entry of any book in the lists of books to be made and publicly exposed by the said ,commissioners under the said ,acts1 and the expunging any such entry1 shall apply to the entry of any work of fine art in the lists thereof to be made by virtue of this ,act1 in the same manner as if such provisions were herein expressly enacted1 with all necessary variations in relation to such last-mentioned lists1 c4 #ac4 ,every person who shall import or export1 or cause to be imported or exported1 into or out of any part of the ,british dominions1 or shall exchange1 publish1 sell1 let to hire1 exhibit1 or distribute1 or offer1 or hawk1 or carry about1 or keep for sale1 hire1 exhibition1 or distribution1 any unlawful copy1 repetition1 or imitation of any work of fine art1 in which1 or in the design whereof1 there shall be subsisting registered ,copyright1 shall be bound1 on demand in writing1 delivered to him or left for him at his last known dwelling-house or place of business1 by or on behalf of the registered proprietor for the time being of such ,copyright1 to give to the person requiring the same1 or his attorney or agent1 within forty-eight hours after such demand1 full information in writing of the name and address of the person from whom1 and of the times when1 he shall have imported1 purchased1 or obtained such unlawful copy1 repetition1 or imitation1 also the number of such copies1 repetitions1 or imitations which he has obtained1 and also to produce to the person requiring such information all invoices1 books1 and other documents relating to the same2 and it shall be lawful for any justice of the peace1 on information on oath of such demand having been made1 and of the refusal or neglect to comply therewith1 to summon before him the person guilty of such refusal or neglect1 and on being satisfied that such demand ought to be complied with1 to order such information to be given and such production to be made within a reasonable time to be fixed by him4 #ad4 ,upon proof by the oath of one credible person before any justice of the peace1 court1 sheriff1 or other person having jurisdiction in any proceeding under this ,act that there is reasonable cause to suspect that any person has in his possession1 or in any house1 shop1 or other place for sale1 hire1 distribution1 or public exhibition1 any copy1 repetition1 or imitation of any work of fine art in which1 or in the design whereof1 there shall be subsisting and registered ,copyright under this ,act1 and that such copy1 repetition1 or imitation has been made without the consent in writing of the registered proprietor of such ,copyright1 it shall be lawful for such justice1 court1 sheriff1 or other person as aforesaid before whom any such proceeding is taken1 and he or they is and are hereby required to grant his or their warrant1 to search in the daytime such house1 shop1 or other place1 and if any such copy1 repetition1 or imitation1 or any work which may be reasonably suspected to be such1 shall be found therein1 to cause the same to be brought before him or them1 or before some other justice of the peace1 court1 sheriff1 or other person as aforesaid1 c4 #ae4 ,if any person1 elsewhere than at his own house1 shop1 or place of business1 shall hawk1 carry about1 offer1 utter1 distribute1 or sell1 or keep for sale1 hire1 or distribution1 any unlawful copy1 repetition1 or colourable imitation of any work of fine art in which1 or in the design whereof1 there shall be subsisting and registered ,copyright under this ,act1 all such unlawful articles may be seized without warrant1 by any peace officer1 or the proprietor of the ,copyright1 or any person authorised by him1 and forthwith taken before any justice of the peace1 court1 sheriff1 c4 #bc4 ,under this ,act there shall be kept at the hall of the ,stationers' ,company by the registrar appointed by the said company for the purposes of the ,act passed in the sixth year of the reign of her present ,majesty1 intituled 8,an ,act to amend the ,law of ,copyright10 three several books or sets of books1 which shall be called as follows3 7#a47 ,the register of proprietors of ,copyright in original drawings and pictures3 7#b47 ,the register of proprietors of ,copyright in original photographs and engravings3 7#c47 ,the register of proprietors of ,copyright in original works of sculpture4 ,in the first of such registers shall be entered a memorandum of every ,copyright1 or of any limited legal interest therein1 to which any person shall claim to be entitled under this ,act in any original drawing or painting1 and also of any subsequent assignment of such ,copyright or limited legal interest therein2 and such memorandum shall contain a statement of the several particulars required by the form applicable for that purpose in ,part ,i4 of the third schedule to this ,act2 and in addition thereto the person registering shall annex to the memorandum under which he requires the entry to be made an outline1 sketch1 or photograph of the drawing or painting to which such memorandum refers1 c4 ,again adverting to the case of ,ireland1 let it be remembered it was only so late as #ahcf that an ,act was passed 8to extend the protection of ,copyright in prints and engravings to ,ireland40 ,this ,bill of ,lord ,westbury's1 after having been referred to a ,select ,committee of the ,house of ,lords1 has been withdrawn1 but only for the present ,session4 ,the reason for withdrawal is found in amendments recommended by the ,committee1 one of which is that it should extend only to the ,united ,kingdom and ,channel ,islands4 ,the subjoined extracts from a printed defence of the ,bill1 by ,d4 ,roberton ,blaine1 ,esq41 will be read with interest1 as showing how influential is the quarter whence the ,bill emanates1 and not less on account of their allusion to ,patent-right and their other interesting contents4 ,this ,bill has been prepared by direction of the ,council of the ,society of ,arts1 ,manufactures1 and ,commerce1 in consequence of a memorial having been presented to the ,council1 signed by a considerable number of the most eminent artists and publishers resident in ,london4444 ,there is no ,copyright in the ideas embodied in a work of literature or of fine art4444 ,it is quite otherwise according to our ,patent-,laws4 ,under them the idea of an author is everything1 so to speak1 and is rigidly protected4 ,thus1 for example1 suppose ,a produces a new manufacture by means of a very imperfect and clumsy machine1 or chemical process1 which he invents and patents2 and suppose afterwards that ,b invents a very perfect and simple machine1 or chemical process1 whereby he can produce the same manufacture as ,a1 but better and cheaper than his4 ,in such a case the ,patent-,laws prohibit ,b from making any use of his improvement for making the manufacture of ,a during the continuance of his ,patent1 unless with his consent4 ,this arises from its being a leading principle of our ,patent-,laws1 that where a new invention has been secured by a valid and existing ,patent no one is allowed during the continuance of that ,patent to produce the same results by a mechanical or chemical equivalent4 ,hence the great source of complaints and of the litigation arising under our ,patent-,laws4 ,thus it is that a patented manufacture precludes any improvements therein except by the patentee1 or with his consent1 during the term of his ,patent4444 ,in ,italy1 at the expiration of such forty years1 although any one may then make and sell copies of the work1 the person doing so must1 during a second term of forty years1 annually pay to the proprietor of the ,copyright #e per cent4 7calculated at the published price7 upon all copies sold by the person so making and selling such copies4 ,as to ,france1 her ,copyright-,laws are expressly extended to all her colonies4 ,and1 by the #hth ,article of ,her ,majesty the ,queen's ,copyright ,convention with ,france1 dated #crd ,november1 #ahea1 reciprocal protection is agreed to be given in favour of ,copyright works first published in 8the territories of ,france10 or in 8the ,british dominions40 ,this appears to show that both ,states clearly intended that such reciprocal protection should extend to their colonies4 ,it is also stipulated by the #gth ,article that 8pirated works shall be seized and destroyed40 ,now the ,french law very justly declares the piracy of ,copyright property to be a crime 7delit71 and provides rapid and effectual means for enabling the proprietor of the ,copyright to seize both the pirate and the fraudulent copies1 plates1 c41 in his possession4 ,yet1 according to the present state of the ,british ,artistic ,copyright-,laws1 no such powers of seizure1 as expressly agreed by ,her ,majesty the ,queen's ,convention1 exist in the ,british dominions2 nor does any protection whatever for artistic ,copyright works extend beyond the ,united ,kingdom2 no1 not even to the ,isle of ,man1 or to the ,channel ,islands6 ,this important and novel subject is likely soon to receive useful illustration from a ,parliamentary return to be moved for by the ,right ,hon4 ,t4 ,h4 ,headlam4 ,from another of that gentleman's ,returns a suggestive extract is also subjoined4 ,it contains evidence that long ago impatience of existing restraints was in vigorous action in the ,british ,colonies--evidence that payment of authors by royalties is a system that commands ,state concurrence--and evidence how over-ready the ,state is1 or how circumstances are formed so as to compel it1 to undertake work for authors and publishers by means of its ,custom-house officers4 ,on this last point ,i am happy also to produce an important paper kindly furnished by ,michael ,daly1 ,esq41 of ,her ,majesty's ,customs4 ,mr4 ,daly's note deserves to be pondered in prospect of the re-appearance next ,session of the ,board of ,trade's 8,trade-,marks ,registration ,bill40#aa ,the extracts which ,i have agglomerated show that the idea of employing officers of ,excise as well as those of ,customs is seriously propounded1 but this is by no means all the useful information they convey4 #aa ,would it not be well to confine registration to names of firms or premises without recognising marks8 ,,colonial ,,duties ,,on ,,copyright ,,works4 ,return of all the ,colonies and ,british ,possessions in favour of which ,orders in ,council have been issued under the ,act #aj and #aa ,vict41 c4 #ie1 suspending the ,prohibition of ,importation of ,reprints of ,british ,copyright ,works4 ,,new ,,brunswick4--,an ad valorem duty of #bj per cent4 on the bon fide price of the publication1 imposed on importation2 such duty to be transmitted through ,her ,majesty's ,government for the benefit of the author4 ,,nova ,,scotia4--,an ad valorem duty of #bj per cent4 to be applied in like manner4 ,,prince ,,edward ,,island4--,an ad valorem duty of #bj per cent41 currency of the island1 imposed on similar terms4 ,,barbadoes4--,an ad valorem duty of #bj per cent4 to be remitted to the author4 ,,bermuda4--,an ad valorem duty of #ae per cent4 on the value of such reprints1 imposed on the like conditions1 a deduction of #e per cent4 on the amount to be made1 for the remuneration of the officers collecting the duty4 ,,bahamas4--,a duty of #bj per cent4 on the value of the publisher's wholesale price2 nine-tenths of the amount collected to be paid to the proprietors of the ,copyright on their application to the ,governor4 ,,newfoundland4--,an ad valorem duty of #bj per cent4 to be paid over to the author4 ,,st4 ,,christopher4--,an ad valorem duty of #bj per cent4 to be remitted in like manner4 ,,antigua4--,an ad valorem duty of #be per cent4 to be applied in like manner1 #e per cent4 to be deducted for remuneration of the treasurer collecting the duty4 ,,st4 ,,lucia4--,an ad valorem duty of #bj per cent4 to be applied in like manner1 without deduction4 ,,canada4--,an ad valorem duty not exceeding #bj per cent4 imposed1 to be applied in like manner4 ,,british ,,guiana4--,an ad valorem duty of #bj per cent41 after deducting #e per cent41 to be remitted to the author4 ,,st4 ,,vincent4--,an ad valorem duty of #bj per cent4 to be applied in similar manner4 ,,mauritius4--,a poundage of #bj per cent4 to be paid1 to be deposited in the ,colonial ,treasury1 there to be kept at the disposal of the ,british authors of such works4 ,,grenada4--,an ad valorem duty of #bj per cent4 to be remitted for the benefit of the author4 ,,jamaica4--,an ad valorem duty of #ae per cent4 ,an ad valorem duty of #bj per cent4 ,,cape ,,of ,,good ,,hope4--,an ad valorem duty of #bj per cent4 to be applied in similar manner4 ,,nevis4--,an ad valorem duty of #ae per cent4 to be applied to the benefit of the author1 after deducting #e per cent4 for the remuneration of the treasurer collecting the duty4 ,,natal4--,an ad valorem duty of #bj per cent4 to be remitted to the registered proprietor of the ,copyright4 ,,examinations ,,by ,,customs' ,,officers4 ,the officers of ,customs are compelled to discharge various duties beyond those connected with the collection and protection of the ,revenue4 ,among others they have to take care that foreign goods1 on their importation1 do not bear the mark or brand of any ,british maker1 or such marks or brands as would be likely to give them a ,british character4 ,all goods so marked and branded are1 by #af and #ag ,vict41 cap4 #ajg1 sec4 #dd1 prohibited to be imported into this country4 ,cases are constantly occurring where such goods have to be dealt with by the ,customs' authorities4 ,in some instances the goods are confiscated1 in others the brands or labels are ordered to be removed1 upon which the goods are delivered to the owner1 either with or without fine2 and in other cases they are ordered to be returned to the port whence they were imported4 ,but why should this duty devolve upon the ,customs' officers8 ,it is an extremely disagreeable one1 involving much trouble to the department and vexation to importers4 ,if a manufacturer or dealer in this country infringes the right of another by using his mark or brand1 he has his remedy in a court of justice2 but he has no right to enter a factory or warehouse1 to open packages and make an indiscriminate search1 with or without grounds of suspicion that his brands have been placed on the contents of the packages4 ,yet1 practically1 this is really the case with regard to the ,customs' right of search for prohibited marks and brands4 ,why not let the goods pass without reference to brands or marks8 ,leave the owner of the marks to his remedy in law2 and the vendor of the goods bearing such forged or false brands to the risk and penalty which he thus incurs4 ,in this case the fraudulent dealer only will be the sufferer1 while the innocent will be saved the vexation of having his goods pulled about at the ,custom-house2 and the ,customs department will be relieved of an extremely disagreeable and troublesome duty4 ,as to the brand1 not those of any particular maker1 but in their general character purporting the goods to be of ,british manufacture1 but very little harm can result to any particular interest from the use of such marks4 ,it will take something more substantial than such mere fictions to ruin the trade of the country2 but if better goods1 even if they be of foreign origin1 can be obtained at the same prices as those paid for ,british1 then so much the better for the consumer4 ,would it not be well1 also1 to relieve the ,customs officers of the duty of searching for pirated works under the ,copyright ,act8 ,why not deal with the vendors here of such works1 if reprinted abroad1 in like manner as if reprinted here8 ,,the ,,british ,,and ,,foreign ,,book ,,trade4 ,the following figures1 extracted from a recent ,parliamentary ,return1 while they show a highly satisfactory ratio of increase1 will probably convince the commercial reader that the ,international ,book ,trade of ,christendom is yet in its infancy1 and1 perhaps1 that the swaddling-bands and close confinement of monopoly should be exchanged for a freer and more natural system of nursing and protection3-- ,,books ,,printed ,,in ,,the ,,united ,,kingdom1 ,,exported ,,therefrom4 ---------------------------------------- ------------------------------- ,,countries ,,quantities4 ,,declared ,,value4 to which ,exported4 ---------------------------------------- ------ #ahbh4 #ahdh4 #ahfh4 #ahbh4 #ahdh4 #ahfh4 ---------------------------------------- --------------------------- ,cwts4 ,cwts4 ,cwts4 ,foreign ,countries3-- ,united ,states #fje #c1aeh #ah1cgi #ad1fab #dg1iee #ahdfgj ,other ,foreign ,countries #a1ddi #b1jjc #aj1edj #cc1cai #cj1fgh #ahacej ---------------------------------------- --------------------------- ,total #b1jed #e1afa #bh1iai #dg1ica #gh1fcc #cffjbj ---------------------------------------- ------ ,british ,possessions3-- ,australia #adh #a1ifh #ah1ehc #c1icc #bg1bdi #adhdac ,british ,north ,america #cfd #a1aca #f1iai #h1agh #ae1aef #fdaci ,other ,british ,possessions #a1eeb #d1jbf #f1ihg #da1jgb #ga1aad #ajefga ---------------------------------------- ------ ,total #b1jfd #g1abe #cb1dhi #ec1ahc #aaceai #cahbbc ---------------------------------------- ------ ,aggregate of ,foreign ,countries and ,british ,possessions #d1aah #ab1bhf #fa1djh #ajaaad #aibaeb #fhdbdc ---------------------------------------- --------------------------- ,,quantities and ,,value1 with the ,weights and ,moneys rendered into ,english ,equivalents1 of ,printed ,books ,imported into and ,exported from the ,united ,kingdom and ,foreign ,countries in the latest ,year for which ,returns have been received and the ,tenth ,year previous thereto3-- ---------------------------------------- -------------------------- ,,countries4 ,imported 7for ,exported ,home ,consumption74 7,domestic ,produce74 -------------------------------------- ,cwts4 ,cwts4 ---------------------------------------- ------------------------ ,united ,kingdom#ab #aheh #e1iga #hc1eih #ab1bhf #aib1aeb #ahfh #aj1fie #acg1ehj #fa1dhj #fhd1bdc ,russia#ac #aheg ,not #ajj1gah ,not ,not stated #ahfg stated #gc1ehh stated #ah1hac ,sweden#ac #ahef ,not #f1ich ,not #a1fig #ahff stated #h1ghj stated #c1efi ,zollverein #ahef #ba1jih ,not #ch1bge ,not #ahff #ca1dhe stated #fg1cgf stated ,holland #aheg #d1cdi #df1abf #b1dcg #ch1cfc #ahfg #g1bbh #gf1fei #c1eee #cg1gad ,belgium #ahef #e1fab #fi1gej #d1jfc #eb1bbh #ahff ,not #ig1jdj ,not #dh1gfj stated stated ,france #aheg #e1dch #ie1bbd #ch1edb #eaj1ceb #ahfg #aa1idb #bja1bhj #dj1hhg #ebb1cgd ,spain#ac #ahed ,not stated #b1jfj #ai1chc #ahfd #a1ibd #h1cbc #fgd #h1ibi ,italy #ahfe #f1ajh #ef1dfd #a1fgh #ae1cge ,united ,states #aheg ,not #aha1ihj ,not #eg1hdc #ahfg stated #bdf1eci stated #ga1chf ---------------------------------------- ------------------------ #ab ,part ,re-,exported4 #ac ,for these ,countries the ,total ,imports and ,exports are stated4 ,the total weight of the ,book ,trade of ,christendom appears to be less than #bjj1jjj cwts41 which1 taken at #a lb4 per volume1 makes only about #bj1jjj1jjj of volumes1 about a fourth part of which is sent from this country to the ,north ,american and ,australian 8,markets40 ,the ,beehive1 of #cast ,july1 has an article on the meeting referred to in the ,prefatory ,note4 ,the following is an extract1 to which three notes are respectfully subjoined3-- 444 ,but to abolish all protection to original inventions would be1 as ,mr4 ,paterson justly contended1 to hand over all the profits arising from such inventions to the capitalist4#ad ,this speaker would make the granting of ,patents free from charge1 and lay a tax on the profits of the contrivance patented4 ,mr4 ,macfie1 the ,member for ,leith1 made a decided hit when he pointed to the absence of royalties abroad1 while at home they lie upon us with a crushing weight2 and1 if we cannot find ease without following the example of ,switzerland in abolishing ,patent-,laws1 and of ,holland and ,germany by declaring against them1 there will be no help for it4 ,but when ,mr4 ,macfie 8denies that the inventor has any exclusive right to his invention10 he makes an assertion that it is in the power of any inventor practically to disprove4 ,say that ,a has found out an invention of value1 or1 which is the same thing for the purpose of argument1 thinks he has2 he meets with the ,member for ,leith1 who says1 8,come1 my fine fellow1 out with that invention of yours1 for the general good2 you have no exclusive right to it40 ,what would ,a be likely to say in reply8 8,haven't ,i8 ,let me choose to keep it to myself1 and who can hinder me80 ,while1 however1 it is perfect nonsense to deny a man's right to the ideas of his own mind1#ae the practical question is another thing2 and it behoves us all to remember that we are members of one society1 and that a society called at least ,christian4 ,nevertheless1 if ,a is to make his contribution to the general good1 all the rest of the alphabet are bound to reciprocate his liberality4#af444 #ad ,for capitalist1 if there were no ,patents1 why not say consumer8 #ae ,it is exclusive right1 not at all his personal right1 to use1 and right to conceal1 if he has the will and power1 that is denied4 #af ,these concluding sound reflections are eminently suggestive4 ,,index4 ,abuse of ,patents1 #ci1 #df1 #dg ,agricultural ,interest ,concerned1 #ea ,,armstrong1 ,sir ,w41 ,c4,b4 ,see also 8,quotations01 #bcg ,austria1 #dg1 #ea ,authors' ,motives1 #bih ,stamp1 #big ,interest1 #bic ,bad working of our ,patent ,system in ,prussian ,eyes1 #ahi ,baden1 #aib ,bavaria1 #cca 8,beehive01 #ccb ,belgium1 #ff1 #abd1 #aic1 #aih1 #bja1 #bji1 #bac1 #bgh1 #cca ,,benard1 ,m41 #abd1 #aej1 #age ,,bergmann1 ,,van ,,zinnicq1 #aif1 #bbc 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,duty1 #ea are a ,tax1 #di1 #gd1 #ajb for ,remunerating ,authors1 #bic1 #bih1 #cae ,heavy to ,patentees1 #ej1 #bgd1 #bhe to ,authors1 see 8,copyright0 ,ruin of a ,firm by ,refusal of ,patent ,licences1 #ec 8,saturday ,review01 #bfc ,saxony1 #ej ,scheme for ,international ,patents1 #bej for ,modifying ,patent ,system1 #bdh for ,royalties to ,authors1 #bif ,science1 ,men of1 #cf1 #eh1 #fd1 #ih1 #afh1 #agj1 #agf1 #bbh ,scotland1 #ai1 #hb1 #ii1 #bhc ,secrecy and ,concealment1 #dj1 #dg1 #ef1 #hh1 #aad1 #aeh1 #aid ,sentimentalism1 #ah1 #abc ,simultaneousness of ,inventions1 #be1 #bf1 #ce1 #cf1 #de1 #ed1 #ie1 #aac1 #bjd1 #bji1 #bec1 #bfa1 #bfe ,smuggling of ,books into ,canada1 #cji 8,spectator01 #bei ,speculation in ,patents1 #ec1 #aab1 #bfj1 #bge ,,stanley1 ,lord1 ,m4,p41 #fg1 #aji1 #bjh ,state is not ,bound to ,grant ,patents1 #aj its ,duty1 #gf makes ,preposterous ,concessions in ,patents1 #gd1 #gh1 #ada ,statute of ,monopolies ,quoted1 #aa1 #bj1 #ba1 #bb1 #dg1 #ei1 #fj1 #hh1 #bhb ,steps in ,invention1 #acf1 #adg1 #afi1 #bec1 #beh ,,stirling1 ,,james1 ,esq41 #aaf ,substitute for ,patents should be ,sought for1 #aae ,sugar ,refiners1 #ai1 #dh1 #ea1 #ed1 #fe1 #hb ,switzerland1 #di1 #fh1 #afg1 #aia1 #aic1 #aih1 #bja1 #bcf1 #bdg1 #bdi1 #bed1 #bge1 #bhj 8,times1 ,the01 #bea ,titles ,suggested1 #hf ,trade1 ,board of1 #bdi1 #cag in ,books1 #bic1 #bid1 #cjh1 #cab1 #cca1 #ccb ,interfered with by ,patents1 #dg1 #ea1 #eb1 #fe1 #ha1 #aff ,marks1 #cbf1 #cbh ,trades ,union1 #gh ,united ,kingdom1 #aic1 #aig1 #cbd ,united ,states1 #aic1 #aig1 #aii1 #bhb1 #bif1 #big1 #cjg1 #cag1 #cca1 #ccb ,usefulness of a ,patent ,system1 #ef1 #eg1 #ig1 #afa1 #beh1 #bgc ,vending1 #bhb not ,prohibited in ,germany1 #aic ,,vermeire1 #bgf ,,voorthuysen1 ,,van1 #bah1 #bbd ,wages1 ,effect of ,patents on1 #fb ,,watts1 ,,thomas1 ,esq41 #big ,west ,india ,association's ,policy as to ,patents1 #dh ,wrtemberg1 #aib ,,errata4 ,on page #gj1 two lines from bottom1 read ,francis instead of ,joseph4 0 #ib1 line #ac1 for command read commend2 and insert a comma after the word inaugurate in next line4 ,transcriber's ,note3 ,these two amendments have been made1 and in addition1 a number of minor typographical errors were identified and corrected4 ,,london3 ,w4 ,j4 ,,johnson1 ,,printer1 #aba1 ,,fleet ,,street4 ,,the ,,patent ,,question ,,under ,,free ,,trade3 ,a ,,solution ,,of ,,difficulties ,,by ,,abolishing ,,or ,,shortening ,,the ,,inventors' ,,monopoly1 ,,and ,,instituting ,,national ,,recompenses4 ,a ,,paper ,,submitted ,,to ,,the ,congress of the ,association for the ,promotion of ,social ,science1 ,,at ,,edinburgh1 ,,october1 #ahfc1 ,,by ,,robert ,,andrew ,,macfie1 ,,president ,,of ,,the ,,liverpool ,,chamber ,,of ,,commerce4 ,,to ,,which ,,are ,,added ,,translations ,,of ,,recent ,,contributions ,,to ,,patent ,,reform ,,by ,m4 ,,chevalier ,,and ,,other ,,continental ,,economists4 ,,london3 ,,longmans1 ,,green1 ,,reader1 ,,and ,,dyer4 #ahfd4 ,,price ,,one ,,shilling 7,by ,post for #ac ,stamps74