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Dobyns' book, The Patent Office Pony, is a cronicle of the United States Patent office from 1791, the year America's first patent law was enacted, to the present. The book concentrates on people and personalities rather than technologies and legalities. Patent office commissioners and examiners, presidents and senators, inventors and solicitors all cross the stage in Dobyns' detailed history.
This essay is the introduction to a book of the same title, forthcoming in summer of 2021 from Oxford University Press. The purpose is to document the ways in which patent systems are products of battles over the economic surplus from innovation. The features of these systems take shape as interests at different points in the production chain seek advantage in any way they can, and consequently, they are riven with imperfections. The interesting historical question is why US-style patent systems with all their imperfections have come to dominate other methods of encouraging inventive activity. The essays in the book suggest that the creation of a tradable but temporary property right facilitates the transfer of technological knowledge and thus fosters a highly productive decentralized ecology of inventors and firms.
The formation of the Confederate States of America involved more than an attempt to create a new, sovereign nation -- it inspired a flurry of creativity and entrepreneurialism in the South that fiercely matched Union ingenuity. H. Jackson Knight's Confederate Invention brings to light the forgotten history of the Confederacy's industrious inventors and its active patent office. Despite the destruction wrought by the Civil War, evidence of Confederate inventions exists in the registry of the Confederate States Patent Office. Hundreds of southerners submitted applications to the agency to secure patents on their intellectual property, which ranged from a "machine for operating submarine batteries," to a "steam plough," to a "combined knapsack and tent," to an "instrument for sighting cannon." The Confederacy's most successful inventors included entrepreneurs, educators, and military men who sought to develop new weapons, weapon improvements, or other inventions that could benefit the Confederate cause as well as their own lives. Each creation belied the conception of a technologically backward South, incapable of matching the creativity and output of northern counterparts. Knight's work provides a groundbreaking study that includes neglected and largely forgotten patents as well as an array of other primary sources. Details on the patent office's origins, inner workings, and demise, and accounts of southern inventors who obtained patents before, during, and after the war reveal a captivating history recovered from obscurity. A novel creation in its own right, Confederate Invention presents the remarkable story behind the South's long-forgotten Civil War inventors and offers a comprehensive account of Confederate patents.
In recent years, business leaders, policymakers, and inventors have complained to the media and to Congress that today's patent system stifles innovation instead of fostering it. But like the infamous patent on the peanut butter and jelly sandwich, much of the cited evidence about the patent system is pure anecdote--making realistic policy formation difficult. Is the patent system fundamentally broken, or can it be fixed with a few modest reforms? Moving beyond rhetoric, Patent Failure provides the first authoritative and comprehensive look at the economic performance of patents in forty years. James Bessen and Michael Meurer ask whether patents work well as property rights, and, if not, what institutional and legal reforms are necessary to make the patent system more effective. Patent Failure presents a wide range of empirical evidence from history, law, and economics. The book's findings are stark and conclusive. While patents do provide incentives to invest in research, development, and commercialization, for most businesses today, patents fail to provide predictable property rights. Instead, they produce costly disputes and excessive litigation that outweigh positive incentives. Only in some sectors, such as the pharmaceutical industry, do patents act as advertised, with their benefits outweighing the related costs. By showing how the patent system has fallen short in providing predictable legal boundaries, Patent Failure serves as a call for change in institutions and laws. There are no simple solutions, but Bessen and Meurer's reform proposals need to be heard. The health and competitiveness of the nation's economy depend on it.
In order to place the 25 years in a historical context, the essay does, exceptionally, deal also with pre-1967 events and with post-1992 possibilities.
A new perspective on United States software development, seen through the patent battles that shaped our technological landscape This first comprehensive history of software patenting explores how patent law made software development the powerful industry that it is today. Historian Gerardo Con Díaz reveals how patent law has transformed the ways computing firms make, own, and profit from software. He shows that securing patent protection for computer programs has been a central concern among computer developers since the 1950s and traces how patents and copyrights became inseparable from software development in the Internet age. Software patents, he argues, facilitated the emergence of software as a product and a technology, enabled firms to challenge each other’s place in the computing industry, and expanded the range of creations for which American intellectual property law provides protection. Powerful market forces, aggressive litigation strategies, and new cultures of computing usage and development transformed software into one of the most controversial technologies ever to encounter the American patent system.
Introduction -- Defining the public interest in the US and European patent systems -- Confronting the questions of life-form patentability -- Commodification, animal dignity, and patent-system publics -- Forging new patent politics through the human embryonic stem cell debates -- Human genes, plants, and the distributive implications of patents -- Conclusion
As technological developments multiply around the globeâ€"even as the patenting of human genes comes under serious discussionâ€"nations, companies, and researchers find themselves in conflict over intellectual property rights (IPRs). Now, an international group of experts presents the first multidisciplinary look at IPRs in an age of explosive growth in science and technology. This thought-provoking volume offers an update on current international IPR negotiations and includes case studies on software, computer chips, optoelectronics, and biotechnologyâ€"areas characterized by high development cost and easy reproducibility. The volume covers these and other issues: Modern economic theory as a basis for approaching international IPRs. U.S. intellectual property practices versus those in Japan, India, the European Community, and the developing and newly industrializing countries. Trends in science and technology and how they affect IPRs. Pros and cons of a uniform international IPRs regime versus a system reflecting national differences.