Hard Pushed for a Defence of Patents.
(Extract from Leading Article in “Engineer” of July 9, 1869.)
In a civilised state, we say, everything is property that is the fruit of a man’s own intellect, and if the law does not make it property, then the law, not the principle, is to blame. Advocates for the abolition of Patent-Laws consider the following as one of their most powerful arguments: They say that if inventors would restrict themselves to the initiation of inventions great and good, there might be some plea for the concession of reward through monopoly or otherwise; but the fact is otherwise. It suffices to take the most cursory glance at Patent records, they say, 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 claimed.
We readily grant the second clause of the statement. The number of great and good inventions, by comparison with the obviously trivial claims, is very small indeed; but we altogether fail to perceive what legitimate source of grievance this can be to the public. On the contrary, 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 fructify. The surplus thus accruing might be used in diminution of existing Patent fees, in establishing a museum of inventions creditable to the nation and the epoch, and in other ways conducive to the development of invention in general.... Our own experience points to many cases like this; wherefore we are assured a proposition of some not wholly averse to Patents, whereby they would establish courts of preliminary investigation to determine whether any given process should be deemed worthy of patenting or not, would be altogether futile.
According to our way of viewing the case, the registration of inventive novelties should be encouraged on other grounds than that already specified. We hold the record of failures to be of, at least, equal importance to the record of successes. Anybody who has given much time to promote invention will, we are sure, coincide in our opinion, 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 success. This collateral value of failures does not seem to have been heeded by those who are most prominent amongst the advocates of Patent abolition. From matters of undisputed non-success, we pass now to the consideration of others confessedly of some value, but the importance of which is trivial. In respect to such it is argued by Mr. Macfie that they much embarrass the manufacturer by needlessly stopping the way until terms can be come to with the inventor. The plausibility of this reasoning we fail to see. Does not the assumed worthlessness of an invention of the series contemplated bar the need of coming to terms with the inventor at all? 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 raised, and on which the objection turns? The national value of a readily-accessible and classified record of invention must be obvious to all. Those who would desire to uphold the Patent-Laws, and those who would wish to abolish them, must alike coincide in this point. 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 turn, after all, on considerations of public expediency, not on considerations of right and wrong to individual inventors. This being so, the collateral value of Patent-Laws, in establishing a record of inventive progress, cannot be too prominently kept in view.