Patents And The Constitution
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The Constitutional Foundations Of Intellectual Property
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Author : Randolph J. May
language : en
Publisher:
Release Date : 2015
The Constitutional Foundations Of Intellectual Property written by Randolph J. May and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Constitutional history categories.
Protection of intellectual property (IP) rights is indispensable to maintaining a vibrant economy, especially in the digital age as creativity and innovation increasingly take intangible forms. Long before the digital age, however, the U.S. Constitution secured the IP rights of authors and inventors to the fruits of their labors. The essays in this book explore the foundational underpinnings of intellectual property that informed the Constitution of 1787, and it explains how these concepts informed the further development of IP rights from the First Congress through Reconstruction. The essays address the contributions of figures such as John Locke, George Washington, James Madison, Thomas Jefferson, Noah Webster, Joseph Story, Daniel Webster, and Abraham Lincoln to the development of IP rights within the context of American constitutionalism. Claims that copyrights and patents are not property at all are in fashion in some quarters. This book''s essays challenge those dubious claims. Unlike other works that offer a strictly pragmatic or utilitarian defense of IP rights, this book seeks to recover the Constitution''s understanding of IP rights as ultimately grounded in the natural rights of authors and inventors. "A fascinating, illuminating and insightful exploration of the roots of intellectual property law in America. Essential for students, teachers and practitioners in the field. Intellectually sound and highly readable." -- Theodore Olson, Solicitor General of the United States, 2001-2004 "The current proposals for copyright and patent reform are often stated in an impatient manner, as if there were only one side to a difficult problem. It is therefore refreshing to have this book by Randolph May and Seth Cooper that offers a careful and instructive exploration of the larger natural law foundations of modern intellectual property law and shows how the traditional concerns of the natural lawyers lend added weight to the soundness of the current IP system." -- Richard Epstein, Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York University School of Law "Given the importance of the protection of intellectual property rights to our nation''s economy and to innovation and investment, this book addressing the constitutional foundations and philosophical underpinnings of IP rights provides a valuable antidote to the all too prevalent and damaging populist view that ''information wants to be free.''" -- Robert Atkinson, President, Information Innovation & Technology Foundation "I loved the book, and I hope it finds a large audience. Over the years, I''ve had many people tell me my interpretation of the Constitution''s Intellectual Property Clause was wrong. Hopefully, this new book by Randolph May and Seth Cooper, with its scholarly yet highly readable treatment, will refocus the debate about IP rights on first principles and our Founders'' intentions." -- Marybeth Peters, Register of Copyrights of the United States, 1994-2011 "This is an essential volume for anyone who cares about the Constitution and intellectual property. The Framers thought intellectual property was important enough to provide for its protection expressly in the Constitution. This book provides invaluable insights into the Framers'' decision and should inform contemporary debates about the nature of that protection." -- Paul Clement, Solicitor General of the United States, 2005-2008 "Randolph May and Seth Cooper have authored a welcome addition to the literature on intellectual property rights. Well-researched and clearly written, this book provides an invaluable historical perspective that will contribute significantly to the ongoing debates about the conceptual underpinnings of copyright and patent law." -- Cary Sherman, Chairman and CEO of RIAA "Finally, two talented authors add intellectual heft to the ongoing debate about the true nature of copyright--as an exclusive private property right, or as a limited right to be doled out stingily, riddled with exceptions and limitations, to be given away free-of-charge. It has become fashionable in some academic circles to treat copyright exclusivity as a quaint but outmoded notion, and its advocates as hopeless naïfs. But Mr. May and Mr. Cooper, by going back to first principles and natural rights, show us that an exclusive property right is at the heart of copyright protection. Their learned analysis should be widely read, especially by Members of Congress and judges, to help them understand the true nature of the debate and the deep roots of the copyright pedigree as a natural private property right--historically unique, socially revolutionary, and worth fighting for. Three cheers for Messrs. May and Cooper!" -- Ralph Oman, Register of Copyrights of the United States, 1985-1993 "The natural rights approach that May and Cooper take has not disappeared entirely from copyright discourse these days. One hears hints of it in court opinions and policy statements, and a few intrepid academics write from such a perspective, including, for example, Adam Mossof and Mark Schultz, who are mentioned in the book''s acknowledgements. But May and Cooper have written a thorough recitation of how copyright is justified under a natural rights theory and how that justification is reflected in US law--and a project of such scope is increasingly rare...May and Cooper have contributed an excellent primer on the natural rights justification for intellectual property rights in the US and its reflection in the Constitution and early American jurisprudence." -- Terry Hart, Copyhype "May and Cooper''s book is written by academics for academics, though it is entirely accessible to any reader, if constitutional scholarship on intellectual property is your cup of post-revolutionary tea, so to speak." -- David Newhoff, The Illusion of More
Copyright And Patent Laws Of The United States 1790 To 1866
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Author : Stephen Dodd Law
language : en
Publisher:
Release Date : 1866
Copyright And Patent Laws Of The United States 1790 To 1866 written by Stephen Dodd Law and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1866 with Copyright categories.
Arguments Before The Committee On Patents Of The Senate And House Of Representatives
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Author : United States. Congress. Senate. Committee on Patents
language : en
Publisher:
Release Date : 1878
Arguments Before The Committee On Patents Of The Senate And House Of Representatives written by United States. Congress. Senate. Committee on Patents and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1878 with Patent laws and legislation categories.
Patents And The Constitution
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Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Civil Liberties, and the Administration of Justice
language : en
Publisher:
Release Date : 1988
Patents And The Constitution written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Civil Liberties, and the Administration of Justice and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1988 with Animal genetics categories.
Copyright And Patent Laws Of The United States 1790 To 1866
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Author : Stephen D. Law
language : en
Publisher: Forgotten Books
Release Date : 2017-10-17
Copyright And Patent Laws Of The United States 1790 To 1866 written by Stephen D. Law and has been published by Forgotten Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-17 with Law categories.
Excerpt from Copyright and Patent Laws of the United States, 1790 to 1866: With Notes of Judicial Decisions Thereunder and Forms and Indexes IN the United States, property in Copyright and in Patents for Inventions is created by, and held solely under laws passed by the General Government. Previous to the adoption of the Federal Constitution, in 1789, the several States had granted exclusive rights to authors and inventors; but that instrument gave to Congress power to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries and the States can now perform no act in respect thereto, or none not in harmony with, and subordinate to, the superior power of Congress. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Patents
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Author : United States. Congress. House. Committee on Patents
language : en
Publisher:
Release Date : 1932
Patents written by United States. Congress. House. Committee on Patents and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1932 with Patent laws and legislation categories.
Arguments Before The Committee On Patents Of The House Of Representatives On H R 3681 And 3682
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Author : United States. Congress. House. Committee on Patents
language : en
Publisher:
Release Date : 1910
Arguments Before The Committee On Patents Of The House Of Representatives On H R 3681 And 3682 written by United States. Congress. House. Committee on Patents and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1910 with Patent laws and legislation categories.
Patent Law For The Nonlawyer
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Author : Burton A. Amernick
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-12-06
Patent Law For The Nonlawyer written by Burton A. Amernick and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-06 with Science categories.
The primary purpose of the first edition of this book was to provide inventors and those who manage technology with sufficient understanding of the patent system to permit them to make use of it with the greatest possible degree of comfort. From the comments that I have received from readers of the first edition, it seems that this purpose was achieved to an appreciable extent. In fact, the audience for the book went beyond this and has been of use to those entering the patent profession and general attorneys who have technology-based clientele. This second edition discusses important changes in the law since the first, including the enactment of new laws as well as new insights into or inter pretations of already existing statutes. Along with updating material, I have expanded certain discussions including more examples to illustrate some of the more complex issues covered. In writing this book, I have tried not to lose sight of the underlying philosophy of the patent laws as expressed in ARTICLE 1, SECTION 8 of the United States Constitution: The Congress shall have the power to promote the sciences and useful arts, by securing for limited time to authors and inventors the exclusive right to their respective writings and discoveries. Encouragement of communication between an inventor and the general public is, therefore, the primary purpose and objective of the patent laws.
A Treatise On The Law Of Patents For Useful Inventions As Enacted And Administered In The United States Of America
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Author : George Ticknor Curtis
language : en
Publisher: The Lawbook Exchange, Ltd.
Release Date : 2005
A Treatise On The Law Of Patents For Useful Inventions As Enacted And Administered In The United States Of America written by George Ticknor Curtis and has been published by The Lawbook Exchange, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Patent laws and legislation categories.
Reprint of the fourth and final edition of one of the earliest American treatises on the subject. The Anglo-American tradition of granting patents has often been marked by confusion over their scope and intent. Reflecting, for example, on the fundamental question of whether patents create monopolies, juridical commentators and the bench had come down firmly both in favor and against the idea. Curtis argued that it did not according to the common law. Instead, a patent was a "grant by the government to the author of a new and useful invention, of the exclusive right, for a term of years, of practising that invention" (xxi). Better known for his Federalist interpretation of the Constitution, Curtis [1812-1894] was prominent New York patent attorney and the author of works on admiralty and equity jurisprudence.
A Summary Of The Law Of Patents For Useful Inventions With Forms Classic Reprint
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Author : William Edgar Simonds
language : en
Publisher: Forgotten Books
Release Date : 2016-09-09
A Summary Of The Law Of Patents For Useful Inventions With Forms Classic Reprint written by William Edgar Simonds and has been published by Forgotten Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-09-09 with Law categories.
Excerpt from A Summary of the Law of Patents for Useful Inventions With Forms Massachusetts, in 1641, granted to Samuel Winslow a monopoly of salt making after his peculiar method, for ten years. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.