MAE 170 History&Impact
of the US
3:45 – 5:00 pm, Tuesdays and Thursdays, Tompkins 202
1. MacLeod, C.: “Inventing
the Industrial Revolution: The English Patent System, 1660 – 1800”; Cambridge, 1988.
Walterscheid, E. C.: “To Promote the Progress of Useful Arts: American Patent Law and
Administration, 1798– 1836.” Rothman & Co, 1998.
Waltersheid, E. C.: “The Nature of the Intellectual Property Clause: A Study in Historical
Perspective.” W. S. Hein & Co., 2002.
R. H.: “Create or Perish: The Case for
Inventions and Patents”, MIT Open
Courseware, available on-line at:
F. M.: “Patents: Economics, Policy, and
Measurement.” E. Elgar Publishing, 2005.
Pat K. Chew, Faculty-Generated Inventions:
Who Owns The Golden Egg?, 1992 Wis. L. Rev. 259, 307.
United States v. Dubilier Condenser
Corporation, 289 U.S.
178, amended, 289 U.S.
Works vs. Brady: U. S.
Supreme Court, 107US192,200; 1883.
vs. John Deere; Calmar vs. Cook Chemical; Colgate-Palmolive vs. Cook Chemical.
A.: “Second Lecture on Discoveries and Inventions,” Phi Alpha Society of Illinois College
February 11, 1859.
G. M.: Paper on the evolution of obviousness in patent law; The John Marshal
Law Review; v.32, no.3, Spring 1999.
INSTRUCTOR: Prof. Charles A.
Garris (202-994-3646 & firstname.lastname@example.org)
OFFICE HOURS: Tuesday 5:30—6:30 P.M, Phillips T737
Thursday 5:30—6:30 P.M, Phillips T737
COURSE LEARNING OBJECTIVES:
the role of the U. S.
patent system in the development of the American capitalistic industrialized
society as well as its historical underpinnings. The influence of the founding fathers in
incorporating the patent system in the U. S. Constitution will also be discussed. The influence of the incentives created by
the patent system on the economic
development of the United States, and its potential
impact on developing nations, will also be discussed. The course will also delve into the dark side
of patents whereby negative impact on industrial development can also
Week of Subject
Jan. 14 Introductory
Comments; English Patent System 1550 – 1660; Statute of Monopolies.
Jan. 21 Patronage and Monopoly; Industrial policies in the 17th
Jan. 28 Development of the Patent System, 1660-1800. French and Dutch Systems. Caveats.
policies. Early examination.
Feb. 4 Judiciary and Enforcement of
Patent Rights in the 1660-1800. Motivation
and Disincentives to Patent in the 17th & 18th
Centuries. Patents in a Capitalist
Feb. 11 The Creation
of the U. S. Constitution and the Patent Clause
Feb. 18 The Views of
Thomas Jefferson on patents and monopolies. Early comment and interpretation of
the patent clause.
Feb. 25 The First Patent Bill (1789); Patent Acts of 1790 and
Mar. 3 MIDTERM EXAM
Mar. 10 The Patent Act of 1836; Novelty;
The Role of Specification.
Mar. 17 SPRING BREAK
Mar. 24 The Judiciary Process from 1798 – 1836.
31 Inventorship: Case Law; Novelty: Case Law
April 7 Obviousness: Case
April 14 Influence of the Court of Appeals for the Federal Circuit
April 21 The Modern
Economics of the Patent System
April 28 Project Presentations
May 6 FINAL EXAM (Date Tentative)
PROJECT: Teams of 2 students will
research a great American inventor and write a formal paper on the process of
discovery with regard to that inventor and how the U. S. patent system influenced the
behavior and actions of that inventor. Research
should include a study of patent litigation and the issues that evolved. Possible inventors for study include: Wright
Bros, Thomas Edison, Henry Ford, Steve Job, George Washington Carver, Nikola
Tesla, Elisha Otis, Eli Whitney, Alexander Bell, George Eastman, George Westinghouse, etc.
Course grades are based on
the Midterm Exam (30%), project (30%), and one comprehensive Final Exam (40%).