The Transformation of Antebellum Patent Law

Abstract

Inventors, purchasers of patent rights, and users of patented goods all have economic interests in framing and interpretation of patent law. These interests often conflict, for all participants in complex economic, legal, and political game of patent system seek to maximize return from their investment of creativity and capital. Winners and losers are determined by their changing economic and political power and by changing ideologies of technology and economic growth. The patent law we know today is result of endless squabbling and political compromises. In first half of 19th century, years when American patent system took form, these groups fought over wording of patent laws and way in which law should be interpreted. Changing beliefs about value of economic development and role of technology, private property, and corporations in economic development affected law. Changes in nature of law played a role, too, as did belief in efficacy of law as a solution to economic conflict. The outcome of battle of patent law was its transformation into a system that encouraged technological invention that could turn a profit and that increased usefulness and value of patents for American industry. George M. Armstrong has called this comrmodification of inventive ideas and suggests that it was part of rise of market culture that started in 17th century.' The 19th century was a time of legal dynamism. Congress, state legislatures, and courts were bold about using law to promote ends they thought worthwhile. Willard Hurst writes that the 19th century was prepared to treat law as an instrument to be used wherever it looked as if it would be useful. Where legal regulation or compulsion might promote greater release of individual or group