Property Rights and Patent Litigation in Early Nineteenth-Century America
研究了19世纪早期美国795件专利诉讼案，发现法官保护专利权，认为发明人受预期回报驱动，法院支持专利制度促进经济增长，从而刺激技术变革。
Economic development depends on the establishment of appropriate institutions, such as a patent system that defends property rights in inventions. Skeptics argue that patents in early America were unenforceable because judges arbitrarily ruled against patentees. I examine 795 patent cases to assess the role of the courts and find that judges protected patent rights because they believed that inventors were motivated by expected returns. Although changes occurred in the 1850s, the courts consistently upheld the view that the patent system fostered economic growth. If inventive activity indeed responded to material incentives, this finding implies that the legal system stimulated technical change by reinforcing the effectiveness of the patent system. The laws of the United States are extremely favorable to the division of property . —Alexis de Tocqueville, Democracy in America