New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-05-03
THE POLICY OF PATENT LAWS

Mr.. HOLLOWAY, Commissioner Of Patents,
in his interesting report recently transmitted 10
Congress, presents some well-considercd views
on the general question Of the expedicncy Of
Patent laws. The discussion has become 30 Sc
rious in England that it cannot be put wholly
aside in this country, and Mr.. Holloway, there
fore, does wisely in gathering up an account Of
the inquiries there made, and setting against
it clear statement of the opinion which in
this country directs legislation in the interest
Of inventors.
There was n great patent law discussion and
investigation in England, in the House Of Com
mons and in Committee in l7J2, and again ten
years later another debate. Some of the
evidence then taken was remarkable The Gel
cbratcd engineer, Mr. Brunei, was asked: The
result of your evidence il, that you are very de-
cidedly Of opinion that the whole patent sys-
| think it would be an immense benefit to that
unfortunate class OF men whom wc call invent
ors, who are at present ruined, and Their fam
lies ruined and who, believe, are a great in
jury to society,"" M. Bruncl further says that
the evil lies not in the defects and inclliccucy of
the patent laws, but in the fact that there are
any patent laws at all; and lie thinks il would
be better for a workingman who has hit upon
good invention to 20 with it TO his mas
ter and get 81 or G5 note Cor 1t
than to get a patent; or at least than to
attempt TO get one. Mr.. Ricardo, member of
the Houe Of Commons, is quoted ne ohiectine
to patent laws, on the ground that they create
monopoly with respect to particular trades and
Mr.. Say is given as authority for the opinion
that patent IS a rccompense which the Gov
eminent grants TO the inventor at the expense
OF the consumer. Lord Kenyon also is cited a.
summing up in the case of Hornblower agt. Boil
ton: 81 confess | am not one of those who
greatly favor patents; for although in many in
stances, and particularly in this, the public are
greatly favored By them; yet, on striking the bal
ance on the subject, think that great oppression
is practiced on inferior mechanics By those who
are more Opulent."
1t will be found, no 7ever. on examining
these objections that, Though they assume
general and Theoretical FORM they do in fact,
with single exception, rest upon the made
quacy Of the existing system Of patent laws in
England. That exceptional objection is Mr..
Ricardos; and is put forward also by those who
like him would carry the principles which are
supposed to underlie the doctrine of free trade
into every part of the social framework which
labor uphods. 1t will be sufficient to oppose
to Mr.. Ricardo the opinion Of the highest living
authority Oh political economy--John Stuart
Mill-whO says: "The condemnation of mo-
nopolies ought not TO extend to patents, by !
which the originator Of a new process is per-
mitted to enjoy for limited period the exclu- !
sive privilege of using his own improvement. |
This is not making the commodity dearer for
his benefit, but merely postponing part of the
increased cheapness which the public owe TO
the inventor, in order to compensate and reward |
him for the service" And unless the free-trade
theorists will carry their dogmas TO the length
Of asserting that the laborer is not worthy OF
his hire, but ought to contribute his toll and
time freely for tie benefit of society, we do not
see how they can answer Mr.. Mil. ....t
4 m9ie important practical question is