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.

PATENT RIGHTS AND PATENT WRONGS.

Sir,—On page 279, in speaking of steel rails, you say: “Could a better

result than that achieved by Mr. Bessemer, and by those who hold licences

under him, have been arrived at under the ‘No-Patent’ system?” Decidedly

not, for it has landed them in wealth; but I will suppose a by no means

improbable case. Suppose Belgian manufacturers had secured Patent-rights

in England, and demanded a royalty preventing English manufacturers from

selling their steel rails, as you state, under 12_l._ per ton, when

without such royalty they could be sold at 9_l._ per ton. Now, the case

would stand thus: the Belgian manufacturers could be supplying the world

with steel rails at 9_l._ per ton, while the English manufacturers were

prevented _by their own laws for fourteen years_ from manufacturing them

under 12_l._ per ton, although all the materials were lying at their

doors, and both masters and men wanting the work. If England wishes to

maintain her position in the trading and manufacturing world, monopolies

and prejudice must be things of the past....

You will say the inventor has a right to the invention. Granted; there

were no laws to prevent him from finding it out, and getting all the

advantage he could out of it, and there ought not then to have been a law

made to prevent any one else finding out the process or improving upon

it. I cannot see the right of giving anyone the power to block the public

highway of thought and enterprise. Necessity is the mother of all useful

inventions, and if steel rails were required, English manufacturers would

have soon found out how to make them, without a Patent Law to help them.

R. R. S.

—From the _English Mechanic_.

REPORT OF THE CHAMBER OF COMMERCE OF COLOGNE ON THE PATENT QUESTION.

For the following translation I am indebted to the Hon. J. C. Heustler,

of the Legislative Council of Queensland:—

The resolution to abolish Patents on inventions, arrived at by the

Chamber of Commerce of Cologne, at their sitting of the 15th Sept., 1863,

has been confirmed in a report to the Ministry of Commerce, as follows:—

The Patent is a monopoly, and if it has been said in its favour that it

is justifiable and only temporary, it is, notwithstanding, subject to all

the disadvantages in its consequences which are common to all monopolies.

Endeavours to compete in the sphere of inventions are suddenly checked by

Patents, while, on the other hand, many a patentee, instead of continuing

to work with zeal, and to advance in the direction commenced, simply

occupies himself to watch with jealousy possible infringements of others

on his monopoly during the currency of his Patent.

Consumers pay exorbitant prices during a number of years for the

manufacture so patented, 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 question. It may be

rejoined, that nobody is forced to buy the patented article, or to make

use of the patented invention; also that the common weal would profit

more by the utilisation of an invention, even if burthened for a period

of from five to fifteen years, than not have it in use at all.

To this it could be replied, with good reason, that with the constant

activity which working minds develop upon all fields of industry, the

invention of it would have been made shortly after by B, and by him

possibly would have been brought to light in still greater perfection. If

the invention of A, however, is patented, the inventive perfectioning of

the object by B must rest until the expiration of A’s Patent.

The more an invention is to the purpose for general adaptability, the

more reasonable appears the supposition that others would have arrived at

the same invention.

In spite of the contrary intention, Patents proved themselves an

impediment to the progress of human ingenuity, and by each newly-granted

Patent an unrelenting “halt” is shouted to the competition in that

direction.

On closer reflection, even persons who move in circles which, from

personal interest, have hitherto used their influence to give the

greatest possible stability to Patent-rights, will come to the conviction

that the disadvantages outweigh by far the advantages.

The Patent system, viewed from a standpoint of political economy,

produces a similar influence as the Lottery. The “grand prize” dazzles

all; however, only one can have it, and the multitude of those who

contributed to the solving of the problem lose very often a not

inconsiderable stake in uselessly-incurred costs, and lost time and

trouble.

Many have been induced by the system to rush after doubtful reward in

the shape of a Patent, instead of steadily applying their ability and

knowledge to regular industry.

Besides, it is not sufficient to make up one’s mind to make an invention

capable of being patented; such proceedings lead to a success in the

most rare cases. The most important discoveries have proceeded, on the

contrary, from those who thoughtfully prosecute their regular avocations.

The fear that with abolition of Patents the ingenuity of mankind would

slacken, we cannot share, because the germ of progress is embodied

in human nature, and because the joy over an invention made, and the

satisfaction felt at a new discovery, in themselves are powerful impulses

for the employment of energies in such directions. A strong proof of the

correctness of this assertion the men of science furnish, whom we have to

thank for the most important discoveries, 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 liberality.

Others have based their inventions on such laws, and managed to acquire

for this one or that other a Patent, and thus, to their own advantage

and to the cost of the public, made an invasion of territory hardly

legitimately theirs. They reaped where others had sowed.

Let us take, for instance, all the lighting apparatuses during the last

twenty-five years. The different lamp contrivances during this period

for which Patents have been granted by the industrial States of Europe

will number several hundreds. Now, if we sift the matter, we will find

that all these patented combinations are simply variations of a principle

which Berzelius established and applied to his spirit-lamp.

Similar is the experience with the invention of Bunsen, who reduced the

costs of the electric battery considerably, by applying a hard sort of

coke in place of the platinum in Grove’s Battery.

In a still higher degree has Morse acted meritoriously. It is true,

Morse, in consideration of the signal importance of his invention,

has received a public reward in the shape of money, and this mode of

acknowledging real merit in the province of inventions recommends itself

for adoption even in individual States.

After the abolition of Patents, apart from such acknowledgments as

aforesaid, very soon associations of the various interested parties who,

by each discovery, would be equally benefited, will be formed for the

purpose of rewarding new inventions made in accordance with indicated

problems, the solution of which may be felt to be most important to them.

For State rewards only such inventions should be taken cognizance of as,

according to their nature, cannot be kept secret, and are not of a kind

that will ensure to the inventor an adequate reward by his own use of

them.

Principles, which hitherto have not been admissible for Patents, would be

likewise excluded from rewards. There could be also no premiums for new

modes of manufacture, such as simpler or cheaper manufacture of materials

already known, and in the same manner manufacture of new articles

directly going into consumption, because, in the first case, the secret

use of the invention would present an equivalent, while in the latter

cases the start which the inventor has with regard to manufacturing, as

well as disposal, before and over his competitors, in most cases is more

than sufficient reward for the merit of having given mankind new means

of satisfying human enjoyments and necessities. It was consequently a

timely Convention between the States of the Zollverein, which already,

under date of 21st September, 1842, acknowledged the principle that the

granting of a Patent henceforth could establish no right to prohibit

either the import or the sale, nor the use of articles agreeing with

those patented, as far as articles of consumption are concerned, and

that a right of that nature was only applicable to machinery and tools

for manufacturers and artisans.[10] Accordingly, the granting of rewards

would have to be restricted to inventors of useful machinery and

tools, who do not use them solely in their own interest and keep their

construction a secret, but, on the contrary, make them accessible to

everybody by multiplication.

With such regulations as to Patent-right in force in Germany, it will be

observed that here, as in other countries, the great disadvantage arises

from this, that by the patenting of an invention its utilisation or trial

is prohibited to home industry, 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 exists.

In this manner foreign industry is actually enjoying a preference, to the

detriment of the industry of that country in which the Patent is granted;

consequently even the patentee, through such foreign competition, loses

the intended reward partially. The example furnished by the Patent on

the manufacture of aniline colours in France illustrates the case.

On the whole, 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 invention; just as often

these advantages do not reach the author of the invention at all, but

flow into the pockets of such people as make it a business either to

purchase Patent-rights, and so work them for their own account, or in

partnership with the patentee, taking care to secure for themselves the

lion’s share. It is further proved by experience that insignificant and

most simple inventions have often brought extraordinary advantages to

the patentee, while the discoverers of important novelties (we instance

only Reissel, who introduced the screw as a motor in navigation), in

spite of Patent-rights, could not find gratitude nor reward for what they

accomplished.

We arrive, consequently, at the conclusion, that the partly imaginary

advantages of Patents are outweighed by the disadvantages attached, and

that, as the industrial condition of Switzerland exemplifies, no further

use of such means is any longer required in helping to elevate industry

in all its branches to a very high standard, or to keep pace with the

development of other countries in that direction.

[10] I cannot but think the patenting of machinery a great disadvantage

to any community. Yet if importing were allowed in spite of the Patent,

the exaction of heavy royalties, and of royalties graduated according

to work performed (which is the greatest source of evil), would be

impossible, and the disadvantage be neutralised.—R. A. M.

EXTRACTS FROM M. VERMEIRE.

After most of this _fasciculus_ is in type, I am favoured with a copy of

M. Vermeire’s “Le Libre Travail,” Brussels, 1864, from which I subjoin

three extracts.

The first, a noble passage quoted by that gentleman from M. Bastiat’s

“Harmonies Economiques:”—

“C’est la concurrence qui fait tomber dans le domains commun

toutes les conquêtes dont le génie de chaque siècle accroît le

trésor des générations qui le suivent. Tant qu’elle n’est pas

intervenue, tant que celui qui a utilisé un agent naturel est

maître de son secret, son agent naturel est gratuit sans doute,

mais il n’est pas encore commun; la conquête est réalisée, mais

elle l’est au profit d’un seul homme ou d’une seule classe.

Elle n’est pas encore un bienfait pour l’humanité entière.

Si les choses devaient rester ainsi avec toute invention, un

principe d’inégalité indéfinie s’introduirait dans le monde;

mais il n’en est pas ainsi, Dieu, qui a prodigué a toutes ses

créatures la chaleur, la lumière, la gravitation, l’air, l’eau,

la terre, les merveilles de la vie végétale, l’électricité et

tant d’autres bienfaits innombrables, Dieu, qui a mis dans

l’individualité _l’intérêt personnel_ qui, comme un aimant,

attire toujours tout à lui, Dieu, dis-je, a placé aussi au sein

de l’ordre social un autre ressort anquel il a confié le soin

de conserver à ses bienfaits leur destination primitive, la

gratuité, la communauté. Ce ressort, c’est la concurrence.

“Ainsi l’intérêt personnel est cette indomptable force

individualiste qui nous fait chercher le progrès qui nous le

fait découvrir, qui nous y pousse l’aiguillon dans le flanc,

mais qui nous porte aussi a le monopoliser. La concurrence

est cette force humanitaire non moins indomptable qui

arrache le progrès, à mesure qu’il le réalise, des mains de

l’individualité, pour en faire l’héritage commun de la grande

famille humaine. Ces deux forces qu’on peut critiquer, quand on

les considère isolément, constituent dans leur ensemble, par le

jeu de leurs combinaisons, l’harmonie sociale.

“Et, pour le dire en passant, il n’est pas surprenant que

l’individualité, représentée par l’intérêt de l’homme en

tant que producteur, s’insurge depuis le commencement du

monde contre la concurrence, qu’elle la réprouve, qu’elle

cherche à la détruire, appelant à son aide la force, la ruse,

le privilége, le sophisme, la restriction, la protection

gouvernementale, le monopole.”

The second, portion of an interesting letter by M. Paillottet,

éditeur-commentateur of Bastiat’s works, (written in May, 1863):—

“Cette connaissance, résultat de son travail, est pour toujours

à lui; nul ne peut la lui enlever ni ne doit l’empêcher de s’en

servir.

“Seulement, comme la nature permet à d’autres hommes de se

livrer à la même recherche, qu’elle les y excite et souvent

même leur en fait une nécessité, le jour doit arriver où la

notion que cet homme possédait seul est aussi possédée par

d’autres. Ce jour-là, je dis que le premier inventeur n’a plus

seul le droit de se servir d’une notion qu’il n’est plus seul

à posséder. Prétendez-vous que je le dépouille du résultat de

son travail? J’ai à vous répondre: Si je dépouille le premier,

vous, vous dépouillez le second, le troisième, le centième

inventeur peut-être; si je dépouille le Chinois, vous, vous

dépouillez Guttemberg!

“Un mot maintenant sur le droit à la réciprocité de services.

“Je crois fermement, avec Bastiat, que ‘la véritable et

équitable loi des hommes, c’est: Echange _librement débattu_ de

service contre service.’

“Si un inventeur me rend service, je lui dois un service

équivalent; Dieu me garde d’en disconvenir. Mas de même que je

n’exige pas de l’inventeur ses services et ne l’oblige pas à

en recevoir de moi, j’entends qu’il n’exige pas les miens et

ne m’impose pas les siens. Entre lui et moi, l’échange doit

être précédé d’un libre débat amenant le consentement des

deux parties. M. Le Hardy de Beaulieu oublie ou supprime la

nécessité du libre débat.”

The third, a narrative by my able and ardent Belgian fellow-labourer

in this great cause, the Abolition of Patents, M. Vermeire himself,

to whose work I refer readers. He will allow me to say I impute it to

no deficiency in courtesy on his part that it escaped earlier and due

notice. He there gives the Chambers of Commerce of this kingdom credit

for opinions which they have not generally embraced up to this hour:—

“M. Eugène Flachat attaque la loi des brevets comme une _lépre

industrielle_. M. Arthur Legrand ne critique pas moins vivement

cette législation surannée ainsi que M. Michel Chevalier,

que l’on peut considérer, à juste titre, comme le chef des

économistes français.

“Quand l’opinion de ces hommes érudits me fut connue je

n’hésitai plus et je publiai l’exposé de ma doctrine du _Libre

travail_ dans l’_Economiste Belge_ du 28 Mars, 1863.—Plus tard

M. Macfie, president de la Chambre de Commerce de Liverpool,

fit connaître ses idées sur la matière et le congrès des

économistes allemands réuni à Dresde en Septembre, 1863, émit

la résolution suivante qui fut adoptée à une forte majorité:

“‘Considérant que les brevets d’invention n’encouragent pas

les progrès des inventions et mettent plutôt obstacle à la

réalisation de celles-ci.

“‘Considérant, que les brevets d’invention entravent plutôt

qu’ils ne favorisent la prompte exploitation des inventions

utiles et qu’ils ne sont pas un mode convenable de récompense.

“‘Le congrès a résolu que les brevets d’invention sont

nuisibles au développement de la prospérité publique.’

“Cet avis des hommes de la science a été écouté en Allemagne

par les hommes de la pratique; car sur les 47 Chambres de

Commerce que renferme la Prusse, 31 viennent de se prononcer

pour l’abolition des brevets d’invention d’après ce que je

viens de lire dans les journaux, au moment même où j’écris ces

lignes.—

“_Le libre travail_ qui fut suivi, de mon _Examen critique de

la garantie légale des modèles et dessins de fabrique_ provoqua

une ardente discussion,” &c.

MOVEMENTS IN GERMANY, BELGIUM, AND HOLLAND.

A Belgian _projet de loi_ in favour of copyright of models and designs in

manufacture, having been defeated, in consequence, as is alleged, of M.

Vermeire’s efforts through the press and otherwise, we are told—

“This fact demonstrates once more that in Belgium, as

everywhere else, opinions in favour of intellectual property

within the domain of industry are declining, and that so far

from legislation tending in the direction of giving such

property increased proportions, it will soon be proposed

to demolish entirely the superannuated legislation which

interposes so many and so serious obstacles to the progress of

industrial operations.

“The tactics of the partisans of such property consist in

identifying or assimilating it with material property. This

similarity permits the conclusions and deductions to be drawn

which form the basis of Patent legislation.

“The pretended identity or similarity has been completely

overthrown by M. Vermeire in his ‘Le Libre Travail.’ His

‘Examen Critique de la Garantie Légale des Modèles et Dessins

de Fabrique’ deals a fresh blow against the confounding of

property in a thing and property in an idea.”

EXTRACT OF LETTER, BRUSSELS, JUNE 11, 1869.

There is in Belgium, as in England and all other countries, a feeling

antagonistic to Patent-rights. It is even shared in by many eminent

political economists. I think, however, I may venture to assert that in

this country the Government, far from participating in this feeling,

would rather be inclined, in the event of a revision of the Patent-Laws,

to secure in a more effectual way the rights of inventors.

GERMANY.

EXTRACT FROM LETTER OF AN EMINENT HOUSE IN COLOGNE.

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.

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