American Bridge Patents: The First Century (1790-1890), thoroughly illustrated with dozens of photographs and reproductions, presents the findings of a two-decade long study of several thousand pages of patent documents collected from the U.S. Patent Office. The essays in this volume offer readers tremendous insight into the creativity that characterized the evolution of bridge patents during this important and formative period of American engineering history. Of particular interest to the authors is the great variety of innovative and unusual designs that were accommodated by the then ambiguous patent law. Alongside these case studies, authors also address the Patent Office itself, whose processes regarding permissions were reformed in 1836, linking the evolution of patent law to the technology it managed.
Fighting disease, combating hunger, preserving the balance of life on Earth: the future of biotechnological innovation may well be the future of our planet itself. And yet the vexed state of intellectual property law—a proliferation of ever more complex rights governing research and development—is complicating this future. At a similar point in the development of information technology, “open source” software revolutionized the field, simultaneously encouraging innovation and transforming markets. The question that Janet Hope explores in Biobazaar is: can the open source approach do for biotechnology what it has done for information technology? Her book is the first sustained and systematic inquiry into the application of open source principles to the life sciences.
The appeal of the open source approach—famously likened to a “bazaar,” in contrast to the more traditional “cathedral” style of technology development—lies in its safeguarding of community access to proprietary tools without discouraging valuable commercial participation. Traversing disciplinary boundaries, Hope presents a careful analysis of intellectual property-related challenges confronting the biotechnology industry and then paints a detailed picture of “open source biotechnology” as a possible solution. With insights drawn from interviews with Nobel Prize–winning scientists and leaders of the free and open source software movement—as well as company executives, international policymakers, licensing experts, and industry analysts—her book suggests that open source biotechnology is both desirable and broadly feasible—and, in many ways, merely awaiting its moment.
Alexander Graham Bell’s invention of the telephone in 1876 stands as one of the great touchstones of American technological achievement. Bringing a new perspective to this history, Invented by Law examines the legal battles that raged over Bell’s telephone patent, likely the most consequential patent right ever granted. To a surprising extent, Christopher Beauchamp shows, the telephone was as much a creation of American law as of scientific innovation.
Beauchamp reconstructs the world of nineteenth-century patent law, replete with inventors, capitalists, and charlatans, where rival claimants and political maneuvering loomed large in the contests that erupted over new technologies. He challenges the popular myth of Bell as the telephone’s sole inventor, exposing that story’s origins in the arguments advanced by Bell’s lawyers. More than anyone else, it was the courts that anointed Bell father of the telephone, granting him a patent monopoly that decisively shaped the American telecommunications industry for a century to come. Beauchamp investigates the sources of Bell’s legal primacy in the United States, and looks across the Atlantic, to Britain, to consider how another legal system handled the same technology in very different ways.
Exploring complex questions of ownership and legal power raised by the invention of important new technologies, Invented by Law recovers a forgotten history with wide relevance for today’s patent crisis.
In Lincoln the Inventor, Jason Emerson offers the first treatment of Abraham Lincoln’s invention of a device to buoy vessels over shoals and its subsequent patent as more than mere historical footnote.
In this book, Emerson shows how, when, where, and why Lincoln created his invention; how his penchant for inventions and inventiveness was part of his larger political belief in internal improvements and free labor principles; how his interest in the topic led him to try his hand at scholarly lecturing; and how Lincoln, as president, encouraged and even contributed to the creation of new weapons for the Union during the Civil War.
During his extensive research, Emerson also uncovered previously unknown correspondence between Lincoln’s son, Robert, and his presidential secretary, John Nicolay, which revealed the existence of a previously unknown draft of Abraham Lincoln’s lecture “Discoveries and Inventions.” Emerson not only examines the creation, delivery, and legacy of this lecture, but also reveals for the first time how Robert Lincoln owned this unknown version, how he lost and later tried to find it, the indifference with which Robert and Nicolay both held the lecture, and their decision to give it as little attention as possible when publishing President Lincoln’s collected works.
The story of Lincoln’s invention extends beyond a boat journey, the whittling of some wood, and a trip to the Patent Office; the invention had ramifications for Lincoln’s life from the day his flatboat got stuck in 1831 until the day he died in 1865. Besides giving a complete examination of this important—and little known—aspect of Lincoln’s life, Lincoln the Inventor delves into the ramifications of Lincoln’s intellectual curiosity and inventiveness, both as a civilian and as president, and considers how it allows a fresh insight into his overall character and contributed in no small way to his greatness. Lincoln the Inventor is a fresh contribution to the field of Lincoln studies about a topic long neglected. By understanding Lincoln the inventor, we better understand Lincoln the man.The book that inspired the popular Concise Lincoln Library series
In April 1831, on a flatboat grounded on the Rutledge milldam below the town of New Salem, Abraham Lincoln worked to pry the boat loose, directed the crew, and ran into the village to borrow an auger to bore a hole in the end hanging over the dam, causing the water to drain and the boat to float free. Seventeen years later, while traveling home from a round of political speeches, Lincoln witnessed another similar occurrence. For the rest of his journey, he considered how to construct a device to free stranded boats from shallow waters.
In this first thorough examination of Abraham Lincoln’s mechanical mind, Jason Emerson brings forth the complete story of Lincoln’s invention and patent as more than mere historical footnote. Emerson shows how, when, where, and why Lincoln developed his invention; how his penchant for inventions and innovation was part of his larger political belief in internal improvements and free labor principles; how his interest in the topic led him to try his hand at scholarly lecturing; and how Lincoln, as president, encouraged and even contributed to the creation of new weapons for the Union during the Civil War.
Lincoln the Inventor delves into the ramifications of Lincoln’s intellectual curiosity and inventiveness, both as a civilian and as president, and considers how they allow a fresh insight into his overall character and contributed in no small way to his greatness. By understanding Lincoln the inventor, we better understand Lincoln the man.
Patent law is crucial to encourage technological innovation. But as the patent system currently stands, diverse industries from pharmaceuticals to software to semiconductors are all governed by the same rules even though they innovate very differently. The result is a crisis in the patent system, where patents calibrated to the needs of prescription drugs wreak havoc on information technologies and vice versa. According to Dan L. Burk and Mark A. Lemley in The Patent Crisis and How the Courts Can Solve It, courts should use the tools the patent system already gives them to treat patents in different industries differently. Industry tailoring is the only way to provide an appropriate level of incentive for each industry.
Burk and Lemley illustrate the barriers to innovation created by the catch-all standards in the current system. Legal tools already present in the patent statute, they contend, offer a solution—courts can tailor patent law, through interpretations and applications, to suit the needs of various types of businesses. The Patent Crisis and How the Courts Can Solve It will be essential reading for those seeking to understand the nexus of economics, business, and law in the twenty-first century.
Lawyers and corporations have a vital interest in the regulation and protection of industrial property—patents, designs, trademarks, trade names, and repression of unfair competition—and in the problems raised by agreements between enterprises, nationally and internationally. Since World War II, there has been increasing ferment for changes in the whole system of industrial property. Pressures have been building up from administrations concerned with the functioning of the patent and trademark system; from private enterprises affected by delays, costs, and insecurities of the system; from developing countries anxious to receive and adapt foreign technology at reasonable cost and without excessive restriction; and from the increasing tendency of antitrust law to curb even legal monopolies in order to ensure free competition.
This major work describes the national and international regime of patents, trademarks, technological know-how, and related rights of industrial property; the conflicting interests and demands for recognition and satisfaction in this field; the international efforts and arrangements achieved for harmonization of law and procedure; the problems involved in the transfer of technology for the technical and economic development of countries pressing for assistance; and the controls established by statutory and decisional law against restriction of competition by the exercise of industrial property rights.
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