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Founding ChoicesAmerican Economic Policy in the 1790s$
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Douglas A. Irwin and Richard Sylla

Print publication date: 2011

Print ISBN-13: 9780226384740

Published to Chicago Scholarship Online: February 2013

DOI: 10.7208/chicago/9780226384764.001.0001

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PRINTED FROM CHICAGO SCHOLARSHIP ONLINE (www.chicago.universitypressscholarship.com). (c) Copyright University of Chicago Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in CHSO for personal use.date: 26 September 2021

Looking Backward

Looking Backward

Founding Choices in Innovation and Intellectual Property Protection

(p.315) 10 Looking Backward
Founding Choices

B. Zorina Khan

University of Chicago Press

The American system of patent and copyright protections authorized by the Constitution, as implemented by legislation in 1790 and after, illustrated a departure from European precedents in directions that were conducive to economic growth. American patents were for “first and true” inventors and for new and original inventions, not merely ones imported from another country or copied from another inventor. Application fees for patents in the United States were lower than in Europe, and were intended to cover administrative expenses rather than enhance government revenues. Property rights were strong; those granted patents were not restricted in how they could exploit them. The system was open and transparent; with an inventor's rights protected, knowledge of new inventions was made widely available, as was knowledge that patent protection had expired. The purpose of the patent was “to promote the progress of science and useful arts” by means of granting temporary exclusive rights for novel inventions.

Keywords:   intellectual property protection, copyright protections, Constitution, American patents, novel institutions

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