IDEAS home Printed from https://ideas.repec.org/a/aea/jecper/v15y2001i3p233-246.html
   My bibliography  Save this article

The Early Development of Intellectual Property Institutions in the United States

Author

Listed:
  • B. Zorina Khan
  • Kenneth L. Sokoloff

Abstract

The U.S. was a pioneer in establishing the world's first modern intellectual property system. That system was distinguished by the provision of broad access to, and strict enforcement of, property rights in new inventions, coupled with the requirement of public disclosure, and it was effective at stimulating the growth of a market for technology and technical change more generally. Far from being static, fundamental modifications were introduced over time in response to changing circumstances. That such adjustments so often proved to be constructive owes partly to a private market being a central feature of the system, and partly to the democratic structure of U.S. institutions.

Suggested Citation

  • B. Zorina Khan & Kenneth L. Sokoloff, 2001. "The Early Development of Intellectual Property Institutions in the United States," Journal of Economic Perspectives, American Economic Association, vol. 15(3), pages 233-246, Summer.
  • Handle: RePEc:aea:jecper:v:15:y:2001:i:3:p:233-246
    Note: DOI: 10.1257/jep.15.3.233
    as

    Download full text from publisher

    File URL: http://www.aeaweb.org/articles.php?doi=10.1257/jep.15.3.233
    Download Restriction: no
    ---><---

    References listed on IDEAS

    as
    1. McCalman, Phillip, 2001. "Reaping what you sow: an empirical analysis of international patent harmonization," Journal of International Economics, Elsevier, vol. 55(1), pages 161-186, October.
    2. Kenneth L. Sokoloff, 1988. "Inventive Activity in Early Industrial America: Evidence From Patent Records, 1790-1846," UCLA Economics Working Papers 499, UCLA Department of Economics.
    3. Zvi Griliches, 1998. "Patent Statistics as Economic Indicators: A Survey," NBER Chapters, in: R&D and Productivity: The Econometric Evidence, pages 287-343, National Bureau of Economic Research, Inc.
    4. Naomi R. Lamoreaux & Kenneth L. Sokoloff, 1999. "Inventors, Firms, and the Market for Technology in the Late Nineteenth and Early Twentieth Centuries," NBER Chapters, in: Learning by Doing in Markets, Firms, and Countries, pages 19-60, National Bureau of Economic Research, Inc.
    5. Christine Macleod, 1999. "Negotiating the Rewards of Invention: The Shop-Floor Inventor in Victorian Britain," Business History, Taylor & Francis Journals, vol. 41(2), pages 17-36.
    6. Kenneth L. Sokoloff, 1992. "Invention, Innovation, and Manufacturing Productivity Growth in the Antebellum Northeast," NBER Chapters, in: American Economic Growth and Standards of Living before the Civil War, pages 345-384, National Bureau of Economic Research, Inc.
    7. Wesley M. Cohen & Richard R. Nelson & John P. Walsh, 2000. "Protecting Their Intellectual Assets: Appropriability Conditions and Why U.S. Manufacturing Firms Patent (or Not)," NBER Working Papers 7552, National Bureau of Economic Research, Inc.
    8. Keith E. Maskus, 2000. "Intellectual Property Rights in the Global Economy," Peterson Institute Press: All Books, Peterson Institute for International Economics, number 99, October.
    9. Helpman, Elhanan, 1993. "Innovation, Imitation, and Intellectual Property Rights," Econometrica, Econometric Society, vol. 61(6), pages 1247-1280, November.
    10. Keith E. Maskus, 1993. "Intellectual property rights and the Uruguay Round," Economic Review, Federal Reserve Bank of Kansas City, vol. 78(Q I), pages 10-25.
    11. Robert E. Gallman & John Joseph Wallis, 1992. "American Economic Growth and Standards of Living before the Civil War," NBER Books, National Bureau of Economic Research, Inc, number gall92-1, March.
    12. Sokoloff, Kenneth L. & Khan, B. Zorina, 1990. "The Democratization of Invention During Early Industrialization: Evidence from the United States, 1790–1846," The Journal of Economic History, Cambridge University Press, vol. 50(2), pages 363-378, June.
    13. Josh Lerner, 2002. "150 Years of Patent Protection," American Economic Review, American Economic Association, vol. 92(2), pages 221-225, May.
    14. Sokoloff, Kenneth L., 1988. "Inventive Activity in Early Industrial America: Evidence From Patent Records, 1790–1846," The Journal of Economic History, Cambridge University Press, vol. 48(4), pages 813-850, December.
    15. Khan, B. Zorina, 1995. "Property Rights and Patent Litigation in Early Nineteenth-Century America," The Journal of Economic History, Cambridge University Press, vol. 55(1), pages 58-97, March.
    16. Landes, William M & Posner, Richard A, 1989. "An Economic Analysis of Copyright Law," The Journal of Legal Studies, University of Chicago Press, vol. 18(2), pages 325-363, June.
    17. Richard C. Levin & Alvin K. Klevorick & Richard R. Nelson & Sidney G. Winter, 1987. "Appropriating the Returns from Industrial Research and Development," Brookings Papers on Economic Activity, Economic Studies Program, The Brookings Institution, vol. 18(3, Specia), pages 783-832.
    18. Machlup, Fritz & Penrose, Edith, 1950. "The Patent Controversy in the Nineteenth Century," The Journal of Economic History, Cambridge University Press, vol. 10(1), pages 1-29, May.
    19. repec:fth:harver:1473 is not listed on IDEAS
    20. Richard C. Levin & Alvin K. Klevorick & Richard R. Nelson & Sidney G. Winter, 1988. "Appropriating the Returns from Industrial R&D," Cowles Foundation Discussion Papers 862, Cowles Foundation for Research in Economics, Yale University.
    21. Steven Usselman, 1999. "Patents, Engineering Professionals, and the Pipelines of Innovation: The Internalization of Technical Discovery by Nineteenth-Century American Railroads," NBER Chapters, in: Learning by Doing in Markets, Firms, and Countries, pages 61-102, National Bureau of Economic Research, Inc.
    22. Naomi R. Lamoreaux & Daniel M. G. Raff, 1995. "Coordination and Information: Historical Perspectives on the Organization of Enterprise," NBER Books, National Bureau of Economic Research, Inc, number lamo95-1, March.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Petra Moser, 2005. "How Do Patent Laws Influence Innovation? Evidence from Nineteenth-Century World's Fairs," American Economic Review, American Economic Association, vol. 95(4), pages 1214-1236, September.
    2. Kenneth L Sokoloff & Zorina Kahn, 2003. "Intellectual Property Institutions in the United States: Early Development and Comparative Perspective," Levine's Working Paper Archive 618897000000000525, David K. Levine.
    3. Elif Bascavusoglu & Maria Pluvia Zuniga, 2005. "The effects of intellectual property protection on international knowledge contracting," Cahiers de la Maison des Sciences Economiques bla05009, Université Panthéon-Sorbonne (Paris 1).
    4. Lo, Shih-tse, 2011. "Strengthening intellectual property rights: Experience from the 1986 Taiwanese patent reforms," International Journal of Industrial Organization, Elsevier, vol. 29(5), pages 524-536, September.
    5. Petra Moser, 2012. "Patent Laws and Innovation: Evidence from Economic History," NBER Working Papers 18631, National Bureau of Economic Research, Inc.
    6. Shih-Tse Lo, 2004. "Strenghtening Intellectual Property rights: Experience from the 1986 Taiwanese Patent Reforms," Working Papers 04004, Concordia University, Department of Economics.
    7. B. Zorina Khan & Kenneth L. Sokoloff, 2004. "Institutions and Technological Innovation During the Early Economic Growth: Evidence from the Great Inventors of the United States, 1790-1930," NBER Working Papers 10966, National Bureau of Economic Research, Inc.
    8. Weinhold, Diana & Nair-Reichert, Usha, 2009. "Innovation, Inequality and Intellectual Property Rights," World Development, Elsevier, vol. 37(5), pages 889-901, May.
    9. Ming Liu & Sumner la Croix, 2013. "A Cross-Country Index of Intellectual Property Rights in Pharmaceutical Innovations," Working Papers 201313, University of Hawaii at Manoa, Department of Economics.
    10. Anja, Breitwieser & Neil, Foster, 2012. "Intellectual property rights, innovation and technology transfer: a survey," MPRA Paper 36094, University Library of Munich, Germany.
    11. GianCarlo Moschini, 2004. "Intellectual Property Rights and the World Trade Organization: Retrospect and Prospects," Chapters, in: Giovanni Anania & Mary E.. Bohman & Colin A. Carter & Alex F. McCalla (ed.), Agricultural Policy Reform and the WTO, chapter 19, pages 474-511, Edward Elgar Publishing.
    12. Petra Moser, 2012. "Innovation without Patents: Evidence from World's Fairs," Journal of Law and Economics, University of Chicago Press, vol. 55(1), pages 43-74.
    13. Beatty, Edward & Saiz, Patricio, 2007. "Industrial Property Institutions, Patenting, and Technology Investment in Spain and Mexico, c. 1820-1914," Working Papers in Economic History 2007/02, Universidad Autónoma de Madrid (Spain), Department of Economic Analysis (Economic Theory and Economic History).
    14. Liam Brunt & Josh Lerner & Tom Nicholas, 2012. "Inducement Prizes and Innovation," Journal of Industrial Economics, Wiley Blackwell, vol. 60(4), pages 657-696, December.
    15. Petra Moser, 2016. "Patents and Innovation in Economic History," NBER Working Papers 21964, National Bureau of Economic Research, Inc.
    16. Wright, Brian D. & Pardey, Philip G. & Nottenburg, Carol & Koo, Bonwoo, 2007. "Agricultural Innovation: Investments and Incentives," Handbook of Agricultural Economics, in: Robert Evenson & Prabhu Pingali (ed.), Handbook of Agricultural Economics, edition 1, volume 3, chapter 48, pages 2533-2603, Elsevier.
    17. Donges, Alexander & Selgert, Felix, 2019. "The Consequences of Radical Patent-Regime Change," VfS Annual Conference 2019 (Leipzig): 30 Years after the Fall of the Berlin Wall - Democracy and Market Economy 203662, Verein für Socialpolitik / German Economic Association.
    18. Jinyoung Kim & Gerald Marschke, 2004. "Labor Mobility Of Scientists, Technological Diffusion, And The Firm’S Patenting Decision," Econometric Society 2004 Far Eastern Meetings 586, Econometric Society.
    19. Bottomley, Sean, 2014. "Patents and the first industrial revolution in the United States, France and Britain, 1700-1850," IAST Working Papers 14-14, Institute for Advanced Study in Toulouse (IAST).
    20. Jeong‐Eon Kim & Harvey E. Lapan, 2008. "Heterogeneity of southern countries and southern intellectual property rights policy," Canadian Journal of Economics/Revue canadienne d'économique, John Wiley & Sons, vol. 41(3), pages 894-925, August.

    More about this item

    JEL classification:

    • O34 - Economic Development, Innovation, Technological Change, and Growth - - Innovation; Research and Development; Technological Change; Intellectual Property Rights - - - Intellectual Property and Intellectual Capital
    • N42 - Economic History - - Government, War, Law, International Relations, and Regulation - - - U.S.; Canada: 1913-
    • N41 - Economic History - - Government, War, Law, International Relations, and Regulation - - - U.S.; Canada: Pre-1913

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:aea:jecper:v:15:y:2001:i:3:p:233-246. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Michael P. Albert (email available below). General contact details of provider: https://edirc.repec.org/data/aeaaaea.html .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.