Patents as Promoters of Competition: The Guild Origins of Patent Law in the Venetian Republic
Ted M. Sichelman
University of San Diego School of Law
Sean M. O'Connor
University of Washington School of Law
August 9, 2012
San Diego Law Review, Vol. 49, 2012
A key assumption of today’s standard account of patents is that, absent patent protection, all products would generally be purchased in a competitive market. However, the first regularized patent system appeared during the Renaissance in the Venetian Republic, which was a highly regulated economy. In the Venetian economy, many types of products - particularly, artisanal or technological products - could typically be produced and sold only by artisan and merchant guilds. One important exception to the guilds’ monopolies were 'patents,' which initially provided non-guild members - specifically, foreigners - the privilege of being able to sell products and practice methods that were otherwise within the sole province of the guilds. Directly contrary to the view that patents tend to diminish competition, patents in the Venetian Republic enabled a new kind of competition from outside of the guild system. Incorporating original archival research undertaken at the Venetian State Archives, this article explores the role patents played in promoting competition in the Venetian Republic. This exploration is important for understanding not only the historical genesis of the patent system, but also in gaining a deeper understanding of the patent system today.
Number of Pages in PDF File: 16
Keywords: history of patent law, Venice, Venetian patent system, guilds
JEL Classification: N13, N31Accepted Paper Series
Date posted: August 10, 2012 ; Last revised: March 26, 2013
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