1. Introduction: Overview and themes; 2. Founding era patent law, 1790-1820; 3. The Jacksonian era and early industrialization, 1820-1880; 4. Corporatization, 1880-1920; 5. 1921-1982: Patents in and out of the headlines; 6. The federal circuit era; 7. In conclusion: The private (law) life of patents.
An analysis of technological development and the role of patents from 1790 to the present, written by a pioneering patent scholar.
Robert Merges is a professor of law at Berkeley Law (University of California), where he co-directs the Berkeley Center for Law & Technology. He has been writing about patents and patent law for over thirty years.
'The product of Merges's decades of research on the patent system,
this masterful study transcends the simple debate over patents as a
stimulus to technological discovery and documents their role in
helping ensure that inventions are put to productive use. Whatever
your view of patents, you will find much that is new and intriguing
in Merges's analysis of how patents have been used to obtain
financing and organize enterprises to exploit promising new
technologies.' Naomi R. Lamoreaux, Stanley B. Resor Professor of
Economics and History, Yale University
'Professor Merges' American Patent Law is simply an amazing piece
of work reaching through the arc of history to explain and explore
our country's patent law along a vector seldom traversed: the
business uses for patents. It is not surprising, but very
refreshing, to have confirmed from this ultra-thorough deep dive
that patents have played a huge role in turning inventions into
innovations - marketplace outcomes, for all of American time, and
continue to play that role to this day. Thank you, Professor
Merges!' David J. Kappos, Cravath, Swaine & Moore LLP
'It is well-organized, arranged chronologically, and contains an
exhaustive index. Serious legal and economics scholars will find
this work invaluable … Recommended.' J. D. Graveline, Choice
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