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. 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(04), pages 813-850, December.
    3. 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.
    4. 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.
    5. Keith E. Maskus, 1993. "Intellectual property rights and the Uruguay Round," Economic Review, Federal Reserve Bank of Kansas City, issue Q I, pages 10-25.
    6. Josh Lerner, 2002. "150 Years of Patent Protection," American Economic Review, American Economic Association, vol. 92(2), pages 221-225, May.
    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. repec:fth:harver:1473 is not listed on IDEAS
    9. Helpman, Elhanan, 1993. "Innovation, Imitation, and Intellectual Property Rights," Econometrica, Econometric Society, vol. 61(6), pages 1247-1280, November.
    10. 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.
    11. 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.
    12. Khan, B. Zorina, 1995. "Property Rights and Patent Litigation in Early Nineteenth-Century America," The Journal of Economic History, Cambridge University Press, vol. 55(01), pages 58-97, March.
    13. 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.
    14. 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.
    15. Machlup, Fritz & Penrose, Edith, 1950. "The Patent Controversy in the Nineteenth Century," The Journal of Economic History, Cambridge University Press, vol. 10(01), pages 1-29, May.
    16. 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.
    17. 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.
    Full references (including those not matched with items on IDEAS)

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. Weinhold, Diana & Nair-Reichert, Usha, 2009. "Innovation, Inequality and Intellectual Property Rights," World Development, Elsevier, vol. 37(5), pages 889-901, May.
    2. Luca Anderlini & Leonardo Felli & Giovanni Immordino & Alessandro Riboni, 2013. "Legal Institutions, Innovation, And Growth," International Economic Review, Department of Economics, University of Pennsylvania and Osaka University Institute of Social and Economic Research Association, vol. 54, pages 937-956, August.
    3. Field, Alexander J., 2009. "US economic growth in the gilded age," Journal of Macroeconomics, Elsevier, vol. 31(1), pages 173-190, March.
    4. Cook, Thomas R. & Liu, Amy H., 2016. "Using Linguistic Networks to Explain Strength of Intellectual Property Rights," World Development, Elsevier, vol. 87(C), pages 128-138.
    5. Kremer, Michael & Zwane, Alix Peterson, 2005. "Encouraging Private Sector Research for Tropical Agriculture," World Development, Elsevier, vol. 33(1), pages 87-105, January.
    6. Grossman, Herschel I., 2005. "Inventors and pirates: creative activity and intellectual property rights," European Journal of Political Economy, Elsevier, vol. 21(2), pages 269-285, June.
    7. B. Zorina Khan & Kenneth L. Sokoloff, 2004. "Institutions and Technological Innovation During Early Economic Growth: Evidence from the Great Inventors of the United States, 1790 – 1930," CESifo Working Paper Series 1299, CESifo Group Munich.
    8. Paul Duguid & Teresa da Silva Lopes & John Mercer, 2008. "Shifting Patterns in Marks and Registration: France, the United States and United Kingdom, 1870-1970," Working Papers 21, Queen Mary, University of London, School of Business and Management, Centre for Globalisation Research.
    9. Baker, Matthew J & Cunningham, Brendan M, 2006. "Court Decisions and Equity Markets: Estimating the Value of Copyright Protection," Journal of Law and Economics, University of Chicago Press, vol. 49(2), pages 567-596, October.
    10. Hal R. Varian, 2005. "Copying and Copyright," Journal of Economic Perspectives, American Economic Association, vol. 19(2), pages 121-138, Spring.
    11. repec:dau:papers:123456789/7722 is not listed on IDEAS
    12. Volker Grossmann & Thomas Steger, 2007. "Growth, Development, and Technological Change," CESifo Working Paper Series 1913, CESifo Group Munich.
    13. 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.
    14. Tracy Suter & Steven Kopp & David Hardesty, 2006. "The effects of consumers’ ethical beliefs on copying behaviour," Journal of Consumer Policy, Springer, vol. 29(2), pages 190-202, June.
    15. repec:bla:ecinqu:v:56:y:2018:i:2:p:1149-1164 is not listed on IDEAS
    16. repec:pal:jintbs:v:48:y:2017:i:7:d:10.1057_s41267-016-0061-9 is not listed on IDEAS
    17. Sumner J La Croix & Denise Eby Konan, 2006. "Have Developing Countries Gained From the Marriage Between Trade Agreements and Intellectual Property Rights?," Working Papers 200605, University of Hawaii at Manoa, Department of Economics.
    18. Yang, Deli, 2008. "Pendency and grant ratios of invention patents: A comparative study of the US and China," Research Policy, Elsevier, vol. 37(6-7), pages 1035-1046, July.

    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.

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

    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 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.

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

    IDEAS is a RePEc service hosted by the Research Division of the Federal Reserve Bank of St. Louis . RePEc uses bibliographic data supplied by the respective publishers.