Abstracts » Law

The remarkable - and irrational - disparity between the patent term and the copyright term

Article Abstract:

The author discusses the history for the disparity between patent term and copyright term in US intellectual property law.

Interpretation and construction, Laws, regulations and rules, Copyright, Copyrights

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The nature of the intellectual property clause: a study in historical perspective

Article Abstract:

The author explains the historical background of the intellectual property clause of the US Constitution, which grants Congress the power to issue patents and copyrights. He argues that the nature of the clause has been widely misunderstood, especially with respect to the scope of its authority.

Analysis, Intellectual property, Constitutional history

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Patents and manufacturing in the Early Republic

Article Abstract:

The patent system was conceived primarily as a means to reward inventors and not as a means to protect manufacturing investment. History demonstrates the broad and important role which the system later played in the industrialization of the US, but the need to serve the public interest was explicitly denied in the Early Republic. The result was a system which to a very limited extent resulted in increased manufacture and technology transfer, and was largely ineffectual in serving the constitutional purpose of encouraging invention.

Other Justice, Public Order, and Safety Activities, Patent Law, Manufacturing industry, Manufacturing industries, Influence, Patents, Industrial development, Industrialization

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