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Figures of Invention - A History of Modern Patent Law (Hardcover, New)
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Figures of Invention - A History of Modern Patent Law (Hardcover, New)
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Taking the invention as its object of study, this book develops a
radical new perspective on the making of modern patent law. It
develops an extended historical and conceptual exploration of the
invention in modern patent law. Focussing primarily on the figures
that make inventions material, and on how to overcome the
intangibility of ideas, this intellectual challenging book makes
explicit a dimension of patent law that is not commonly found in
traditional commentaries, treatises and cases. The story is told
from the perspective of the material media in which the intangible
form of the invention is made visible; namely, models, texts,
drawings, and biological specimens. This approach brings to light
for the first time some essential formative moments in the history
of patent law. For example, Figures of Invention describes the
central role that scale models played in the making of
nineteenth-century patent jurisprudence, the largely mythical
character of the nineteenth-century theory that patents texts
should function as a means of disclosing inventions, and the
profound conceptual changes that emerged from debates as to how to
represent and disclose the first biological inventions. At the same
time, this historical inquiry also reveals the basic conceptual
architecture of modern patent law. The story of how inventions were
represented is also the story of the formation of the modern
concept of invention, or of the historical processes that shaped
the terms in which patent lawyers still apprehend the intangible
form of the invention. Although the analysis focuses on the history
of patent law in the United States, it develops themes that
illuminate the evolution of patent regimes in Europe. In combining
close historical analysis with broad thematic reflection, Figures
of Invention makes a distinctive contribution both to the field of
patent law scholarship and to emerging interdisciplinary debates
about the constitution of patent law and of intellectual property
in general.
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