Abstracts » Law

The early evolution of the United States patent law: antecedents

Article Abstract:

Patent custom did not take hold in the American colonies in the Eighteenth century the way it had in England during the same period. The economies of the colonies were focused on agriculture, and patents were more important in manufacturing. There is some indication that English patent-holders may have wished to enforce their monopolies in the colonies, but English common law appears not to have been generally applicable in America. A few colonies granted patents, and, at the time of the Continental Congress, copyright appeared to be more important than patent.

United Kingdom, Laws, regulations and rules, Colonies

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Antecedents

Article Abstract:

The evolution of US patent law can best be understood by tracing its roots in pre-1800 English patent practice. The post-1760 upsurge in patents was due to increased access, knowledge, affordability and acknowledged value of the growing patent system, as well as industrial growth. Evolving intellectual property and copyright notions led to expansion of the system's administrative and policy-making functions. The system's rationales were the natural-law, reward-by-monopoly, monopoly-profit-incentive, and the exchange-for-secrets theses.

England

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The early evolution of the U.S. patent law: antecedents

Article Abstract:

The brief history of US state patents during the period in the 1780s prior to the ratification of the Constitution did include the recognition of patent rights in some states as well as a few patent contests. Most states developed copyright laws but did not provide protections for inventions. In the context of its copyright law, South Carolina did acknowledge the right of inventors to patent their inventions. Early patent law cases focused on the legal enforceability of a patent in a state other than the state that granted the patent.

Other Justice, Public Order, and Safety Activities, Patent Law, Copyright, Copyrights, states

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