The Goodland republic. [volume] (Goodland, Kan.) 1891-1907, 1906-02-02
THE 9IONOPOIY OF PATENTS.

THE MONOPOLY OF PATENTS
Among the many kinds Of mOnOpo-
lies that have sprung up In the United
states. that directly and Indirectly af-
feet the welfare Of the people, is the
monopoly Of patents While the edi-
tor Of this paper is not a lawyer nor
versed in the patent laws OF the Unit
ed States. yet ne is in possession Of
a few cardinal principles that cannot
be done away; and besides, he has felt
like all the common people, the 1nan-
cfaI imposition by those trusts that
have unjustIy fattened themselves by
the defect OF our patent system
Upon this important question Of to-
dav. James N Beck, former assistant
United States attorney general, in
writing TO the New York Evening Post
tells Of the extOrtiOn and injustice
practieed under the protection Of our
patent laws, in the following article,
which is reprinted because Of its evi-
dent fairness and just criticism Of the
evils OF the present system;
Among the many valuable COM
municatiOns which are made from
time to time through the columns Of
the Evening Post by your correspond
ents. I have noted some discussion
with reference to the patent system
Of this country Instead Of discuss
ing the mere detail if this system, it
has always seemed strange to me that
there is not more consideration given
BY as practicable a people as ours to
the utility Of the patent system in any
form.
Its influence upon our material
welfare has been much exaggerated
by many, who confuse the inventive
genius Of our people with an artifi-
ciaI system designed TO protect it
Next TO the unequal resources Of the
United States and the consuming en-
ergy OF its people, its greatness is due
in large measure to an inventive gen
ius, which never rests until it has
either done a new thing or an old
thing better than before This inval-
liable quality is innate, and in no re-
spect dependent upon statutory legis-
latiOn- Our people would have had
the same inventive instinct had there
been no patent system, and its results
might not have been appreciably less
Franklin, the first, and a typical
American inventor, abandoned a lu-
crative business to pursue his discOv-
cries, and declined to take a patent
on the most useful OF his inventions
I believe that nearly all the useful in
ventiOns would have been developed
had there been no patent systm- There
is always an adequate incentive for
invention without the monopoly Of a
patent
"A growing distrust among thought
full men as to the real value Of the
system was evidenced some years ago
by a committee Of the English parlia-
ment, which, after a careful investi-
CATION, recommended the abolition Of
the system; and the same view was
shared by Prince Bismark, who, when
chancellor OF the German empire,
made a similar recommendation
Whatever its merits. the patent
system is today one OF the strongest
bulwarks Of extOrtiOn and injustice
which our laws afford A corpora
ton with large resources can take a
patent Of doubtful legal validity, and
by prOlOnging litigation through the
life Of the patent, tax the people at
viii It can do this indefinitely, for
il can gain such a position during the
life Of the patent as to be almost i'm
pregnabIe thereafter to any COmpeti-
ton
''Conceding that a patent system in
some form is desirable, no country has
been so fmprOvident as ours in the
make the issue Of patents a source Of
revenue by exacting a percentage Of
profits, and also reserve the free use
OF the patent for governmental pur-
poses In our country, the patent is
granted for a few dollars, and the
government not only fails to derive
any revenue from the enormous pro-
FITS at time made, but places its own
neck under the heel Of the monopoly
to which it has given existence As
an illustration, the government, in
providing for the national defence,
must often pay royalties on armOr
plate, due to patents which it gave
gratUitOusly.
Congress, at an early day, should
give the subject its careful cOnsidera-
ton, and, while it may be inadyisable
to 60 to the extreme length Of the
English parliamentary committee, or
Of Prince Bismark, yet a system
should be devised whereby the PEG
pie Of the United tates, while securing
10 the real inventor suitable cOmpen-
satiOn would share the benefits Of the
monopOIies which they create by a
participation in the profits Of the in
vention. In my judgment, congress
sionaI committee should carefully in
vestigate our patent system and re-
port to what extent, il any, it should
be continued"