A fundamental reassessment of the contribution of patenting to British industrialisation during the eighteenth and nineteenth centuries.

A theoretical critique of the patent and innovation policy funnelled by intellectual property instruments towards developing countries.

Conventional wisdom holds that robust enforcement of intellectual property (IP) right suppress competition and innovation by shielding incumbents against the entry threats posed by smaller innovators. That assumption has driven mostly successful efforts to weaken US patent protections for over a decade. This book challenges that assumption. In Innovators, Firms, and Markets, Jonathan M. Barnett confronts the reigning policy consensus by analyzing the relationship between IP rights, firm organization, and market structure. Integrating tools and concepts from IP and antitrust law, institutional economics, and political science, real-world understandings of technology markets, and empirical insights from the economic history of the US patent system, Barnett provides a novel framework for IP policy analysis. His cohesive framework explains how robust enforcement of IP rights enables entrepreneurial firms, which are rich in ideas but poor in capital, to secure outside investment and form the cooperative relationships needed to transform a breakthrough innovation into a marketable product. The history of the US patent system and firms' lobbying tendencies show that weakening patent protections removes a critical tool for entrants to challenge incumbents that enjoy difficult-to-match commercialization and financing capacities. Counterintuitively, the book demonstrates that weak IP rights are often the best entry barrier the state can provide to protect entrenched incumbents against disruptive innovators. By challenging common assumptions and offering a powerful integrated framework for understanding how innovation happens and the law's role in that process, Barnett's Innovators, Firms, and Markets provides important insights into how IP law shapes our economy.

A gripping history that spans law, international affairs, and top-secret technology to unmask the tension between intellectual property rights and national security. At the beginning of the twentieth century, two British inventors, Arthur Pollen and Harold Isherwood, became fascinated by a major military question: how to aim the big guns of battleships. These warships—of enormous geopolitical import before the advent of intercontinental missiles or drones—had to shoot in poor light and choppy seas at distant moving targets, conditions that impeded accurate gunfire. Seeing the need to account for a plethora of variables, Pollen and Isherwood built an integrated system for gathering data, calculating predictions, and transmitting the results to the gunners. At the heart of their invention was the most advanced analog computer of the day, a technological breakthrough that anticipated the famous Norden bombsight of World War II, the inertial guidance systems of nuclear missiles, and the networked “smart” systems that dominate combat today. Recognizing the value of Pollen and Isherwood’s invention, the British Royal Navy and the United States Navy pirated it, one after the other. When the inventors sued, both the British and US governments invoked secrecy, citing national security concerns. Drawing on a wealth of archival evidence, Analog Superpowers analyzes these and related legal battles over naval technology, exploring how national defense tested the two countries’ commitment to individual rights and the free market. Katherine C. Epstein deftly sets out Pollen’s and Isherwood’s pioneering achievements, the patent questions raised, the geopolitical rivalry between Britain and the United States, and the legal precedents each country developed to control military tools built by private contractors. Epstein’s account reveals that long before the US national security state sought to restrict information about atomic energy, it was already embroiled in another contest between innovation and secrecy. The America portrayed in this sweeping and accessible history isn’t yet a global hegemon but a rising superpower ready to acquire foreign technology by fair means or foul—much as it accuses China of doing today.

This volume offers a detailed account of the development of national patent systems, and then moving on to the international sphere to discuss the factors which provided the impetus for the Paris Convention for the Protection of Industrial Property (1883).

In the history of British patent law, the role of Parliament is often side-lined. This is largely due to the raft of failed or timid attempts at patent law reform. Yet there was another way of seeking change. By the end of the nineteenth century, private legislation had become a mechanism or testing ground for more general law reforms. The evolution of the law had essentially been privatised and was handled in the committee rooms in Westminster. This is known in relation to many great industrial movements such as the creating of railways, canals and roads, or political movements such as the powers and duties of local authorities, but it has thus far been largely ignored in the development of patent law. This book addresses this shortfall and examines how private legislation played an important role in the birth of modern patent law.

​This edited volume examines metallurgical technologies and their place in society throughout the centuries. The authors discuss metal alloys and the use of raw mineral resources as well as fabrication of engineered alloys for a variety of applications. The applications covered in depth include financial, mining and smelting, bridges, armor, aircraft, and power generation. The authors detail the multiple levels and scales of impact that metallurgical advances have had and continue to have on society. They include case studies with guidance for future research design and innovation of metallic materials relevant to societal needs. Includes case studies written by industry professionals with guidance for future research design and innovation; Demonstrates metal materials design that reflects relevant societal needs; Covers a broad range of applied materials used in aircraft, armor, bridges, and power generation, among others.

Fully revised and updated, this classic text provides the authoritative introduction to the history of the English common law. The book traces the development of the principal features of English legal institutions and doctrines from Anglo-Saxon times to the present and, combined with Baker and Milsom's Sources of Legal History, offers invaluable insights into the development of the common law of persons, obligations, and property, and also of criminal and public law. It is an essential reference point for all lawyers, historians and students seeking to understand the evolution of English law over a millennium. The book provides an introduction to the main characteristics, institutions, and doctrines of English law over the longer term - particularly the evolution of the common law before the extensive statutory changes and regulatory regimes of the last two centuries. It explores how legal change was brought about in the common law and how judges and lawyers managed to square evolution with respect for inherited wisdom.

Leading social scientists explore pressing issues--monopoly and inequality, growth and innovation, climate change and fraying social safety nets--through the lens of creative destruction. Far more than a theory of capitalist dynamics, creative destruction proves an important idea for illuminating a wide range of social and political challenges.

This collection presents new narratives on the emergence of intellectual property rights in the law of nations during the late nineteenth century and early twentieth century. The collection reveals the extent to which various forms of intellectual property protection eventually shaped contemporary international law.