Although we think it rather difficult to form a general opinion on this matter, we still believe that most Industrials would welcome abolition of Patents for Inventions. The Cologne Chamber of Commerce expressed, in September, 1863, its opinion in the same sense. German legislation regarding Patents will probably be reformed. A proposition made in this direction by Count Bismarck to the Bundesrath, contained in the “Annalen des Norddeutschen Bundes,” by Dr. George Hirth, 1ster Heft Jahrgang, 1869, page 34, 42, II., would interest you much, as it coincides, we believe, with your motion. The latest publications in German literature on the subject are Klostermann “Die Patents Gesetzgebung aller Lander,” Berlin, 1869; Barthel “Die Patent-frage,” Leipzig, 1869.
EXTRACT FROM “DIE PATENTS GESETZGEBUNG ALLER LANDER,” BY DR. R. KLOSTERMANN (BERLIN, 1869).
A short time since, in the course of the present decade, the public has spoken out, following numerous and important persons who wished the entire abolition of Patents for inventions, because they allege that the existence of such is incompatible with the free-trade movements. They said that such impede industry instead of advancing it; that the claim of the first inventor to a monopoly is untenable; that discovery is not the work of one man, but the ripe fruit of industrial development.
From the difficulty and complexity of the subject, men would do away with Patent-Laws; 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-trade, steam-boats, and railways.
As the complete abolition of the “customs-limits,” with the German Zollverein [customs-union], was not made without a direct transformation of the Patent-Laws and a positive limitation of Patent protection, so is—through the concluding of the treaties of commerce made during the last ten years between the Zollverein and France, Great Britain, Belgium, and Italy—a total reform in the Patent-Law rendered necessary.
All countries, with the single exception of Switzerland, recognise by their existing laws the necessity of Patent protection; and this case of Switzerland is particularly brought forward by those opposed to the Patent movement. The Commission which was appointed of Swiss experts (and which said that Patent protection is unnecessary and tends to nothing good) 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 exist, but in Switzerland alone not so. Swiss industry, which is exceedingly small, is placed in the position of imitating all foreign Patents which find a market in Switzerland, and getting the benefit of the discoveries made under the protection of foreign Patents. Switzerland is just in the position of a man who keeps no cats because he can use his neighbours’.
HOLLAND.
I have before me a series of valuable illustrative documents printed by the Government of the Netherlands, which are too long to introduce here. The movement for abolishing Patents in that country, already referred to on [pages 196-230], was consummated by a striking majority, in the First Chamber, of no less than 29 to 1; the abolition to take effect from 1st January next, existing rights, of course, to be respected.