The patent act uses the phrase 'useful invention' merely incidentally. ... All that the law requires is, that the invention should not be frivolous or injurious to the well-being, good policy, or sound morals of society. The word 'useful,' therefore, is incorporated into the act in contradistinction to mischievous or immoral. For instance, a new invention to poison people, or to promote debauchery, or to facilitate private assassination, is not a patentable invention. But if the invention steers wide of these objections, whether it be more or less useful is a circumstance very material to the interests of the patentee, but of no importance to the public. If it be not so extensively useful, it will silently sink into contempt and disregard.
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I say that things are useful whenever they can be put to any use at all; whenever they are seen to be capable of satisfying a want. In this connection, there is no need to consider the subtle shades of meaning classified in ordinary language under terms ranging from the necessary to the useful, from the useful to the agreeable, from the agreeable to the superfluous. For present purposes, necessary, useful, agreeable and superfluous simply mean more or less useful. Furthermore, we need not concern ourselves with the morality or immorality of any desire which a useful thing answers or serves to satisfy. From other points of view the question of whether a drug is wanted by a doctor to cure a patient, or by a murderer to kill his family is a very serious matter, but from our point of view, it is totally irrelevant. So far as we are concerned, the drug is useful in both cases, and may even be more so in the latter case than in the former.
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Shall an invention be patented or donated to the public freely? I have known some well-meaning scientific men … to look askance at the patenting of inventions, as if it were a rather selfish and ungracious act, essentially unworthy. The answer is very simple. Publish an invention freely, and it will almost surely die from lack of interest in its development. It will not be developed and the world will not be benefited. Patent it, and if valuable, it will be taken up and developed into a business.
Inventions are a blessing. They tame the wild tendencies of the inanimate and train them to do human bidding. They save human bodies hard and laborious exertions by becoming their obsequious aids. But they are not invariable and universal blessings. The sad and peculiar conditions prevailing in human industry cause inventions to be to many human beings a catastrophe and a dread. To those who are able to own them and have lands on which to operate them they are blessings. But to the great disinherited class, who have nothing on earth but their hands, inventions are a disadvantage and an evil.
The patent system was established to encourage inventors to disclose the details of their inventions. Its purpose was to help society rather than to help inventors. At the time, the life span of 17 years for a patent was short compared with the rate of advance of the state of the art. Since patents are an issue only among manufacturers, for whom the cost and effort of a license agreement are small compared with setting up production, the patents often do not do much harm. They do not obstruct most individuals who use patented products.
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As soon as we have contrived to give our pupil an idea of the word "Useful," we have got an additional means of controlling him, for this word makes a great impression on him, provided that its meaning for him is a meaning relative to his own age, and provided he clearly sees its relation to his own well-being. This word makes no impression on your scholars because you have taken no pains to give it a meaning they can understand, and because other people always undertake to supply their needs so that they never require to think for themselves, and do not know what utility is. "What is the use of that?"
The progressive development of man is vitally dependent on invention. It is the most important product of his creative brain. Its ultimate purpose is the complete mastery of mind over the material world, the harnessing of the forces of nature to human needs. This is the difficult task of the inventor who is often misunderstood and unrewarded. But he finds ample compensation in the pleasing exercises of his powers and in the knowledge of being one of that exceptionally privileged class without whom the race would have long ago perished in the bitter struggle against pitiless elements. Speaking for myself, I have already had more than my full measure of this exquisite enjoyment; so much, that for many years my life was little short of continuous rapture.
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