Let him explain himself, then, at least, regarding the
clauses of the contract made by him, in our name, with the
monopolists.
I pass in silence the part relating to dates and other
administrative and fiscal formalities, and come to this article:
The patent does not guarantee the invention.
Doubtless society, or the prince who represents it, cannot and
should not guarantee the invention, since, in granting a monopoly
for fourteen years, society becomes the purchaser of the
privilege, and consequently it is for the patentee to furnish the
guarantee. How, then, can legislators proudly say to their
constituents: "We have negotiated in your name with an inventor;
he pledges himself to give you the enjoyment of his discovery on
condition of having the exclusive exploitation for fourteen
years. But we do not guarantee the invention"? On what, then,
have you relied, legislators? How did you fail to see that,
without a guarantee of the invention, you conceded a privilege,
not for a real discovery, but for a possible discovery, and that
thus the field of industry was given up by you before the plough
was found? Certainly, your duty bade you to be prudent; but who
gave you a commission to be dupes?
Thus the patent for invention is not even the fixing of a date;
it is an abandonment in anticipation.
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