Secondly.—It must be new, nothing of the sort must have been in use before—how very few things can be devised which will bear this test. I do not know of half-a-dozen clear cases of distinctly new inventions since I have been acquainted with machinery and science; and, judging from analogy, I cannot bring my mind to believe that these would bear the test of a strict and searching enquiry by interested parties. The chances are then immensely against his invention, if good enough to be disputed, proving to be new enough to stand as giving a claim to exclusiveness.
Thirdly.—It must not depend for its success upon the use of some other exclusive and privileged invention, or else of course it is of little saleable value, even if not an infringement upon the previous patent.
Fourthly.—There must be a demand existing or creatable for the article produced; or, like many other good things, it will be out of time, and drop accordingly.
Fifthly.—He must find some parties whose interest it is to encourage the introduction of the change, and who have the means of combating those interests which are embarked in previous monopolies.
Since all these conditions are necessary for success, it is not surprising that the result should be, as I am positive that it is in practice, that the aggregate of individual benefit derived by the exclusive privileges granted, is greatly below the aggregate expenditure of time and money involved in the production of the whole, taking the good and bad; but the proportion of the aggregate benefits as compared with the cost to the real inventor is still less.
It is known to all persons acquainted with the subject that, in nine cases out of ten of successful inventions, the patents are not beneficially enjoyed by the original inventor. And it always must be so. The mere original invention forms generally but a small part of the whole business or merit of bringing into useful operation any new thing. Judgment, a knowledge of the world, and of business and other qualities not particularly belonging to inventors, are just as requisite as mere ingenuity, although they are not the subject of protection. Capital and connection are also generally required. All these command, as they ought to do, a large share in the ultimate profits, but it is rare that an inventor at once finds such a partner. The invention generally changes hands once or twice, or oftener, till some chance brings it into operation; and ultimately it is (as must be admitted by all who know anything about these matters) very rarely, even in the case of good things, that the party who originated the subject of the patent has ultimately any large beneficial interest in it; and certainly, from these and all the other causes mentioned, it is an undoubted fact that inventors, on the whole, make a heavy annual loss, quite irrespective of mere patent fees, by inventions and patents, and that patents are not therefore a benefit to the present class of inventors, and particularly not to the poorer members of the class.
Without the hopes of any exclusive privileges, I believe that a clever man would produce many more good ideas, and derive much more easily some benefit from them. It is true that he will aim only at earning a few pounds instead of dreaming of thousands; but he will earn these few pounds frequently, and without interfering with his daily pursuits; on the contrary, he will make himself more useful.
An observing man sees what he thinks to be a mode of increasing the production of a certain machine or manufacturing operation in which he is engaged, or a better mode than that which he is acquainted with of producing some article. In all probability the same circumstances which led him to make the observation have attracted the attention of others before him; perhaps, at the same time, a little free communication with his fellow-work men or with other manufacturers or men of science would show him that there were insuperable difficulties, and he would turn his attention at once to other things, or that there were better ways of doing the same thing, or, by pointing out difficulties, enable him to avoid useless investigations, or to make a change that would vastly improve his scheme; or he would communicate his ideas, instead of wasting his time in elaborating them, which very possibly others more acquainted with the particular branch would do much better than he; if he is a workman, his master would give him something for the idea, or if not, his value as a workman would soon become known. It is a great error to suppose that stupid men can live upon the clever man’s brains if they are all left free scope in the use of their intellect; but if by artificial means an exclusive right or property in an idea can be secured, then of course the thief may steal the idea, and having registered his property in it, his inferiority of intellect is more than counterbalanced. Intelligent men who would always be suggesting improvements in a manufactory would soon become necessary, and would be valued accordingly. A manufacturer who was not surrounded by such assistants would stand no chance in the general competition, and what is necessary and valuable will in England fetch its price; and thus clever workmen will get well paid, and earn much more, and that more healthily, than the whole body of schemers now do.
The impediments thrown in the way of improvements by the existence of patents will hardly be credited by those who are not familiar with the operation of them. In the present state of things they create such barriers that it is almost wonderful that any improvements can be effected.
It will not be difficult to understand that, from the infinite number of patents that are now taken out, it is hardly possible to devise a mechanism or a chemical combination that does not, in some shape or other, form part of some previous invention or process. This would be the case even if patents were only taken out to secure real, or what are believed to be real, inventions. But the shoals of patents have brought into existence animals to feed upon them. There is a trade which nothing can destroy as long as patents last, and which must increase with the increase of patent, whatever may be the mode of granting them. Patents are taken out even in very general terms, so as to embrace everything that can resemble some probable or imaginary improvement, and then, like a spider in his web, the patentee watches for his victims. Besides this, the honest but trading patentee, the more completely to secure a monopoly, often takes out several separate patents for nearly the same thing in different forms, some avowedly worthless. In doing this, without even intending it, he includes combinations, any beneficial application of which perhaps never crossed his mind, and which, in the shape in which he suggested them were good for nothing, but which nevertheless more or less prevent anybody else from touching them, even to make a good thing.