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34 J. Pat. Off. Soc'y 106 (1952)
The Early Growth and Influence of Intellectual Property

handle is hein.journals/jpatos34 and id is 132 raw text is: • I,:',)/ l of the Paten Oihu: 86ociclY The Early Growth and Influence of Intellectual Property B F. 1). PRAGI-li it is usually assumed that the modern system of pat- cats and copy'rights was de-eloped from so-called mnedie- val privileges, by the exercise of' royal, economic stales- manship. The present essay proposes to show that this accepted viewv is inconplele, and that the system has a second historic root hi t he ancient and eternal idea of iiitellecltua lroperly. Piwviot. LITERATURE It is generally assumned that English royalty was lead- ing in the process of evolving modern patents. For a long time it wa-s thought that English rulers somehow dev-el- oped the individual patent monopoly from earlier eollec- tire monopolies of gilds and trading companies.' The now accepLed story is different and more detailed, but is still based on the assumption that the entire process was guided decisively by acts of Engli-sh councillors and judges.2 This story begins with EDWARD III, who an- doubtedlv promoted some industries by bringing alien artisans into competition with domestic gilds. It con- tinues with the theory that ELIZABETH I. adopted the pat- ent monopoly as a general tool. Supposedly the institution had been tried to some small extent on the Continent, but it is asserted.that CF.cm and BACON, the Queen's advisors, used it systematically for the first time. CoKEF undoubt- l So mainly 1. D. Collier, Law of Patents, 1803, p. 9-15 and his followers, like W. C. Robinson, Law of Patents, 1890, vol. I p. I-8. Robinson is still cited as authority for the matter in question; for instance by 1. C. Stedman, Law & Contemp. Probl., 1947 p. 652. 2 It was developed mainly by E. W. Hulme, Engineering 1894 p. 804 (unsigned); same, Law Quarterly Review 1896 p. 141, 1897 p. 313, 1900 p. 44, 1902 p. 280. 1917 p. 63, 180: E. F. Churchill, LQR 1925 p. 275: and D. S. Davies, LOR 1932 p. 394, 1934 p. 86, 260. Some details were added by I'. II. Price, The English Patents of Monopoly, 1906; C. T. Carr, Select Charters. 1913; and H. G. Fox, Monopolies and Patents. 1947. About CECIL and BACON see Davies 1932 p. 396, 1934 p. 271; Fox p. 3, 4. 163-175 etc. About COKE and his influence upon the Statute of Monop- olies see mainly IV. S. Iloldsworth, LQR 1936 p. 481.

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