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Do Legal Differences Matter? A Comparison of German Patent Law Regimes before 1877

Author

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  • Donges Alexander

    (Universität Mannheim, Abteilung Volkswirtschaftslehre, L7, 3-5. D-68131 Mannheim, Germany)

  • Selgert Felix

    (Rheinische Friedrich-Wilhelms-Universität Bonn, Abt. Verfassungs-, Sozial- und Wirtschaftsgeschichte, Konviktstraße 11, D-53113 Bonn, Germany)

Abstract

In this article, we give an overview of the differences in German patent legislations between 1815 and 1876. German patent laws differed in particular with regard to the application and approval system, the treatment of foreign applicants, and patent fees. Differences in the former two categories provide an explanation why the number of patents was considerably lower in Prussia than in other states. While the number of Prussian patents per capita almost stagnated between 1840 and 1872, it increased in Baden, Bavaria and Saxony. Formal differences in patent law do not fully explain this pattern, but Prussian patent policy does. The Prussian patent authority set high barriers to get a patent by applying a thorough technical examination and a strict definition of novelty. Furthermore, we show that states using a registration system granted a considerably higher number of patents than states with technical examinations.

Suggested Citation

  • Donges Alexander & Selgert Felix, 2019. "Do Legal Differences Matter? A Comparison of German Patent Law Regimes before 1877," Jahrbuch für Wirtschaftsgeschichte / Economic History Yearbook, De Gruyter, vol. 60(1), pages 57-92, May.
    • Handle: RePEc:bpj:jbwige:v:60:y:2019:i:1:p:57-92:n:4
    DOI: 10.1515/jbwg-2019-0004
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    Cited by:

    1. Lehmann-Hasemeyer, Sibylle H. & Streb, Jochen, 2018. "Discrimination against Foreigners. The Wuerttemberg Patent Law in Administrative Practice," Working Papers 7, German Research Foundation's Priority Programme 1859 "Experience and Expectation. Historical Foundations of Economic Behaviour", Humboldt University Berlin.

    More about this item

    Keywords

    innovation; intellectual property; patents; patent law; technological change; Innovation; geistiges Eigentum; Patente; Patentrecht; Technologischer Wandel;
    All these keywords.

    JEL classification:

    • D - Microeconomics
    • K - Law and Economics
    • L - Industrial Organization
    • N - Economic History
    • O - Economic Development, Innovation, Technological Change, and Growth

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