Skip to main content Accessibility help
×
Hostname: page-component-76fb5796d-22dnz Total loading time: 0 Render date: 2024-04-25T07:27:08.013Z Has data issue: false hasContentIssue false

9 - Innovation and Its Discontents

from Part II - Perspectives on the Problems of Anticommons and Patent Thickets

Published online by Cambridge University Press:  05 December 2011

F. Scott Kieff
Affiliation:
Washington University, St Louis
Get access

Summary

Over the course of the 19th and 20th centuries, the United States evolved from a colonial backwater to become the preeminent economic and technological power of the world. The foundation of this evolution was the systematic exploitation and application of technology to economic problems: initially agriculture, transportation, communication and the manufacture of goods, and then later health care, information technology, and virtually every aspect of modern life.

From the beginning of the republic, the patent system has played a key role in this evolution. It provided economic rewards as an incentive to invention, creating a somewhat protected economic environment in which innovators can nurture and develop their creations into commercially viable products. Based in the U.S. Constitution itself, and codified in roughly its modern form in 1836, the patent system was an essential aspect of the legal framework in which inventions from Edison's light bulb and the Wright brothers’ airplane to the cell phone and Prozac were developed.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2011

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

The Advisory Commission on Patent Law Reform 1992
Babcock, Charles 1999
Bessen, JamesHunt, Robert M 2003
Bessen, JamesMaskin, Eric 2001
Burt, DanLemley, MarkIs Patent Law Technology Specific?Berkeley Technology Law Journal 17 2002 1155Google Scholar
Clark, Ronald WEinstein: The Life and TimesLondonHodder and Stoughton 1973Google Scholar
Wesley, CohenMerrill, StephenPatents in the Knowledge-Based EconomyNational Academy Presswww.nap.edu/catalog/10770.html 2003Google Scholar
Nancy, GalliniScotchmer, SuzanneIntellectual Property: When Is It the Best Incentive System?Innovation Policy and the Economy 2 2002 51Google Scholar
Graham, Stuart J. HHall, BronwynHarhoff, DietmarMowery, David C 2002
Hall, Bronwyn HGraham, Stuart J. HHarhoff, DietmarMowery, David CProspects for Improving U.S. Patent Quality via Post-grant OppositionInnovation Policy and the Economy 4 2004CrossRefGoogle Scholar
Intellectual Property Owners Association 2003
Jaffe, Adam BLerner, JoshInnovation and Its Discontents: How Our Broken Patent System is Endangering Innovation and Progress, and What To Do about ItPrincetonPrinceton University Press 2004Google Scholar
Kirk, Michael K 2003
Kortum, SamuelLerner, JoshStronger Protection or Technological Revolution: What Is Behind the Recent Surge in Patenting?Carnegie-Rochester Conference Series on Public Policy 48 1998 247CrossRefGoogle Scholar
Kortum, SamuelLerner, Josh 2003
Lemley, MarkRational Ignorance at the Patent OfficeNorthwestern University Law Review 95 2001 1495Google Scholar
Merges, Robert PNelson, Richard ROn the Complex Economics of Patent ScopeColumbia Law Review 90 1990 839CrossRefGoogle Scholar
Merrill, Stephen A.Levin, Richard CMyers, Mark BA Patent System for the 21st Century (Report of the Committee on Intellectual Property Rights in the Knowledge-Based Economy)National Research Councilwww.nap.edu/html/patentsystem 2004Google Scholar
2001
Stern, Ronald J 2003
Stolberg, Sheryl Gay 2002
U.S. Federal Trade Commissionwww.ftc.gov/os/2003/10/innovationrpt.pdf 2003

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×