Thomas Jefferson Quotes
Inventions then cannot, in nature, be a subject of property. Society may give an exclusive right to the profits arising from them, as an encouragement to men to pursue ideas which may produce utility, but this may or may not be done, according to the will and convenience of the society, without claim or complaint from any body.
When Secretary of State, Jefferson ran the first American Patent Office. The Patent system was originally and educational program, not an intellectual property program. Inventors would keep all their technological secrets to themselves. The idea behind the original patent system was to give an inventor a limited monopoly on profiting from his invention in exchange for sharing his information and techniques with his countrymen—thus improving the technological competency of the entire society. The very first patents were available for public inspection for that reason. And even today, copies of patents are available easily for almost no cost. And few American ideas worked as well as our early patent system. Through its educational role and technology transfer, America came from technological nowhere to being the pre-eminent inventing nation of the world. The balance between public access to invention and innovation and preservation of some rights to the creator of intellectual property is key to modern development.
Thomas Jefferson, 1743-1826, 3rd President of the United States (Democratic Republican, VA), Letter to Isaac McPherson, 1813
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Many people believe that patents—especially in the high technology arena—actually inhibit innovation.
This quotation is an excellent statement of one major viewpoint about patents. However there are others who disagree and many who believe the existing patent system is broken and inhibits innovation. They observe that the vast majority of patents never are developed or reach the public. They also point to major counter-examples to Thomson’s view. The best is the PC which IBM developed and decided NOT to patent it, to encourage people to produce programs, applications and many devices. No product in human history has been more thoroughly developed and adopted by as many people as quickly. More capital investment money has been invested that any other invention. There are many examples where Thompson’s point holds. Vaccines for which there is no patent have not obtained any company who would manufacture it despite the need. The issue is complex with the old view of Thomson certainly not correct, but not entirely wrong either.
Note that the only reason given in the constitution for protecting intellectual property was to promote the progress of science and useful arts. Inventors, would keep secret their inventions and techniques of manufacture and use in order to protect their economic interests. No one else would be able to benefit by understanding the invention and taking it further and increasing knowledge and understanding. So the Founding Fathers told Congress to establish a system where inventors would get a guarantee of a reasonable time to profit exclusively from the invention in exchange for making the invention public. The plans, methods and drawings had to be made public and until the 20th century a model of an invention had to be supplied to the Patent Office. Anyone could get an inexpensive copy of any patent and come and study the models. Today, most people believe that the reason for a patent system is to protect the intellectual property of the inventor, but that was not a purpose or even a serious consideration. The reason however was educational and to demystify technology and produce more science and technology which it did.
This is a very important quotation in the Patent world. One of the major justifications for giving patent monopoly to an inventor is that without the patent protection people would not invest time, effort or money to invent things. However many of the great inventors have not agreed. The original Constitutional purpose in granting patents was to stimulate disclosure of technology to other inventors and educate the nation. That is why all patents are public and can be viewed by all.
He worked for General Electric for over 40 years and held 322 patents. However, it was the corporation that financially benefitted from the monopolies granted by the patents. Our legal system assumes that the creative output of an individual who is an employee is the property of the employer just as the output of the slave was the property of the master.
This would seem a much easier solution to the problem of monopoly holders charging outrageous prices than trying to fix profits or lay a large tax on the profits. However, few governments ever do this. In many cases the patent holders control or heavily influence the government. There is in addition, in most Judeo-Christian societies an assumption that most people have a moral sense and will not take undue advantage of customers just because they have the power to do so. And in the most egregious cases of monopoly pricing there were many other patents where the inventors were not gouging the consumers. It is always been the minority of businesses that have taken gross advantage of patent monopolies. However at some periods, where there was an oligarchy, all the companies in an area abused their patent monopolies together. An example would be the pharmaceutical industry of the early 21st century.
Even before being an independent country, America had two contrasting and contradictory views of patents—the one that Franklin herein states and the one what was written into the constitution that argued that by granting patents inventors would be incentivized to make their trade secrets public if they had an exclusive monopoly on if for a period of time. Both of these philosophies towards patents have coexisted since then. There was a Federal patent system for those who wanted to use it, and for those who did not, they could enter the invention to the public domain as Franklin urged. Arguably, we have obtained the best of both approaches. Millions of patents have been filed and granted and yet some of the most important inventions have followed the Franklin approach. See the quotes about the Salk Polio Vaccine—{29154} and {29187} and the quote on "open source" computer software—{29676}. With billions of dollars being made by protected software in the early 21st century, over half of the world's computers were operating on systems that was public domain and without charge as just one large example of the Franklin philosophy still coexisting.
He observes that the richest people and businesses tend to be monopolies or dominate a market although very often the are not the best.
Thomas Jefferson was an American statesman, diplomat, lawyer, architect, philosopher, and Founding Father who served as the third president of the United States from 1801 to 1809. He had previously served as the second vice president of the United States under John Adams between 1797 and 1801. The principal author of the Declaration of Independence, Jefferson was a proponent of democracy, republicanism, and individual rights, motivating American colonists to break from the Kingdom of Great Britain and form a new nation; he produced formative documents and decisions at both the state and national levels.
