Abstract

http://ssrn.com/abstract=1862182
 
 

Footnotes (253)



 


 



The Origins of American Design Protection


Jason J. Du Mont


Max Planck Institute for Intellectual Property & Competition Law

Mark D. Janis


Indiana University Maurer School of Law

2011

Indiana Law Journal, Vol. 88, 2013
Indiana Legal Studies Research Paper No. 199
Max Planck Institute for Intellectual Property & Competition Law Research Paper No. 11-18

Abstract:     
Many firms invest heavily in the way their products look, and they rely on a handful of intellectual property regimes to stop rivals from producing look-alikes. Two of these regimes – copyright and trademark – have been have been closely scrutinized in intellectual property scholarship. A third, the design patent, remains little understood except among specialists. In particular, there has been virtually no analysis of the design patent system’s core assumption: that the rules governing patents for inventions should be incorporated en masse for designs.

One reason why the design patent system has remained largely unexplored in the literature is that scholars have never explained how and why the system came to exist. This Article seeks to provide that account. We show how technological innovation in early American manufacturing (especially in the cast-iron goods industry) created unprecedented opportunities for creativity in industrial design, and a concomitant expansion in design piracy. We analyze manufacturers’ lobbying efforts that led to the first American legislative proposals for design protection, and we connect those proposals to antecedents in British copyright and design registration legislation. We also explain how these early proposals were transmuted into design patent proposals, and we explore the idiosyncratic political circumstances that surrounded the eventual passage of the design patent bill. We conclude by reassessing the modern design patent regime in view of insights drawn from our historical account.

Number of Pages in PDF File: 45

Keywords: design, design patent, patent, copyright, trademark, Gorham, history, Ruggles, legal history, Prentiss, Kerr, Patent Office, USPTO, PTO, Whig, antebellum, British, calico, stove, ornamental, Protectionist, tariff, Tyler, Jackson, Clay, Webster, Lowell, Boston Associates, piracy, cast-iron, Mott

Accepted Paper Series





Download This Paper

Date posted: June 10, 2011 ; Last revised: July 11, 2013

Suggested Citation

Du Mont, Jason J. and Janis, Mark D., The Origins of American Design Protection (2011). Indiana Law Journal, Vol. 88, 2013; Indiana Legal Studies Research Paper No. 199; Max Planck Institute for Intellectual Property & Competition Law Research Paper No. 11-18. Available at SSRN: http://ssrn.com/abstract=1862182 or http://dx.doi.org/10.2139/ssrn.1862182

Contact Information

Jason J. Du Mont (Contact Author)
Max Planck Institute for Intellectual Property & Competition Law ( email )
Marstallplatz 1
Munich, 80539
Germany

Mark David Janis
Indiana University Maurer School of Law ( email )
211 S. Indiana Avenue
Bloomington, IN 47405
United States
Feedback to SSRN


Paper statistics
Abstract Views: 2,307
Downloads: 493
Download Rank: 32,254
Footnotes:  253
Paper comments
No comments have been made on this paper

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo6 in 0.328 seconds