19th Century Patent Controversy

England has the environment for growing patent system. The government beganto use Letters Patent to reward the people who benefit the social economic andnational power, which aimed mainly to introduce the new technology and newindustry from foreign country. In1623, Statute of Monopolies was enacted in thecontext of limitation to the royal power. Though the statute is not the source ofmodern patent law, it the first time accelerated the germ of modern patent system. Inthe first half of the19th century, due to the problems of complicated procedures,high cost and so on, Patent reform movement was began and reaches its climax in1852by enacting Amendment to the patent law. But it is due to many reseasons thatpatent abolition movement replaced the patent reform movement to be popular inEngland. In political aspect, bourgeoisie, represented by businessmen, andtheoretical, represented by lawyers, had a controversy in patent system, and thiscontroversy became more and more bitter with abolitionist achieve politicaladvantage in House of Commons. In system aspect, the incompleteness of patentreform made some people disappointed to patent reform, and promote the growing ofabolitionist. In the economic aspect, the the incompleteness of patent system can notgive enough protect to businessmen but hinder the free trade. In the theory aspect,Pragmatism of law is growing and free trade theory was more and more popular.Furthermore patent abolition movement popular in Europe impressed England. Inthe patent abolition controversy, the supporter and abolitionism had a bittercontroversy in many aspects. In patent judicial administration, the controversy wason whether judge and jury had enough abilities and whether the specialized courtshould be established and be given the exclusive jurisdiction to manage all the patentcase. The controversy in philosophical aspect was on whether patent right wasnatural right, whether patent system was incentive to disclose the invention, whetherpatent system was incentive to invent, and whether the reward system was excessive.Finally support and abolitionism had controversy on whether patentsystem was reasonable in free trade background and explore the globe patentcooperation. The patent abolish controversy had only endure several decades. Due tomany reasons, which were the political defeat of abolitionism, great depression ofEngland, the patent reform make up for deficiencies, and global patent cooperation,the patent controversy came to the end with the victory of supporter. But we can’tdeny the contribution of abolitionism, their words are not revolutionary butreforming. The patent controversy have Important significance in English patenthistory, which established the patent system, promotes the patent system, promotesthe patent reform, and promotes the global cooperation.