- The Oxford Handbook of Intellectual Property Law
- List of Contributors
- Intellectual Property Law: An Anatomical Overview
- The Basic Structure of Intellectual Property Law
- What Kind of Rights Are Intellectual Property Rights?
- Intellectual Property as a Public Interest Mechanism
- Intellectual Property and Human Rights: Mapping an Evolving and Contested Relationship
- Intellectual Property Incentives: Economics and Policy Implications
- The Emergence and Development of Intellectual Property Law in Western Europe
- The Emergence and Development of the International Intellectual Property System
- The Emergence and Development of United States Intellectual Property Law
- The Emergence and Development of Intellectual Property Law in Canada
- The Emergence and Development of Intellectual Property Law in Australia and New Zealand
- The Emergence and Development of Intellectual Property Law in Central and Eastern Europe
- Intellectual Property in Asia: ASEAN, East Asia, and India
- The Emergence and Development of Intellectual Property Law in the Middle East
- Three Centuries and Counting: The Emergence and Development of Intellectual Property Law in Africa
- The Emergence and Development of Intellectual Property Law in South America
- Patents and Related Rights: A Global Kaleidoscope
- Trade Marks and Allied Rights
- Design Protection
- Rights in Data and Information
- Overlapping Rights
- Intellectual Property Licensing
- Cross-Border Intellectual Property Enforcement
- Users, Patents, and Innovation Policy
- Traditional Knowledge, Indigenous Peoples, and Local Communities
- Intellectual Property, Development, and Access to Knowledge
- Workers in the “Groves of Academe”: The Claim of Academics to Copyright and Patents
- Intellectual Property Meets the Internet
- Intellectual Property and Competition Law
- Intellectual Property and Private Ordering
- Intellectual Property and Public Health
- Intellectual Property and Climate Change
Abstract and Keywords
This chapter surveys the history of intellectual property law in the United States from its colonial origins to the present, and focuses on the three subfields that have a claim for seniority in terms of their longevity and importance: patent, copyright, and trademark. The development of these subfields is described as a process in which law has interacted with technology, economic factors, ideology, and politics. The chapter describes how at the end of the eighteenth-century American patent and copyright law emerged out of two sources: British laws and institutions and local colonial practices. The further development of American intellectual property law is analysed as comprising three stages: early patent, copyright, and trademark law; the consolidation of the modern framework of these fields through significant transformations beginning in the second half of the nineteenth century; and the various developments from the early twentieth century to the present.
Keywords: American history of intellectual property law, patent, copyright, trademarks, unfair competition, colonial patents and copyright, state patents and copyright, modern intellectual property rights
Oren Bracha is Howrey LLP and Arnold, White & Durkee Centennial Professor at the University of Texas at Austin.
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