Origins of the Modern Patent And Copyright Systems

Once upon a time, the right to copy text wasn’t really necessary. If one had a book, one could copy the contents of the book by hiring scribes to labor away at the process and books were expensive. Then came the printing press. Now, the printer of a work would put a book out and another printer could set their press up to reproduce the same text. More people learned to read and information flowed from the presses at the fastest pace in history.

The printing press spread from Gutenberg’s workshop in the 1440s throughout Germany and then to the rest of Europe and appearing in England when William Caxton built the first press there in 1476. It was a time of great change, causing England to retreat into protectionism, and Henry VIII tried to restrict what could be printed in the 1500s. But Parliament needed to legislate further.

England was first to establish copyright when Parliament passed the Licensing of the Press Act in 1662, which regulated what could be printed. This was more to prevent printing scandalous materials and basically gave a monopoly to The Stationers’ Company to register, print, copy, and publish books. They could enter another printer and destroy their presses. That went on for a few decades until the act was allowed to lapse in 1694 but began the 350 year journey of refining what copyright and censorship means to a modern society.

The next big step came in England when the Statute of Anne was passed in 1710. It was named for the reigning last Queen of the House of Stuart. While previously a publisher could appeal to have a work censored by others because the publisher had created it, this statute took a page out of the patent laws and granted a right of protection against copying a work for 14 years. Reading through the law and further amendments it is clear that lawmakers were thinking far more deeply about the balance between protecting the license holder of a work and how to get more books to more people. They’d clearly become less protectionist and more concerned about a literate society.

There are examples in history of granting exclusive rights to an invention from the Greeks to the Romans to Papal Bulls. These granted land titles, various rights, or a status to people. Edward the Confessor started the process of establishing the Close Rolls in England in the 1050s, where a central copy of all those granted was kept. But they could also be used to grant a monopoly, with the first that’s been found being granted by Edward III to John Kempe of Flanders as a means of helping the cloth industry in England to flourish.

Still, this wasn’t exactly an exclusive right but instead a right to emigrate. And the letters were personal and so letters patent evolved to royal grants, which Queen Elizabeth was providing in the late 1500s. That emerged out of the need for patent laws proven by Venicians in the late 1400s, when they started granting exclusive rights by law to inventions for 10 years. King Henry II of France established a royal patent system in France and over time the French Academy of Sciences was put in charge of patent right review.

English law evolved and perpetual patents granted by monarchs were stifling progress. Monarchs might grant patents to raise money and so allow a specific industry to turn into a monopoly to raise funds for the royal family. James I was forced to revoke the previous patents, but a system was needed. And so the patent system was more formalized and those for inventions got limited to 14 years when the Statue of Monopolies was passed in England in 1624. The evolution over the next few decades is when we started seeing drawings added to patent requests and sometimes even required. We saw forks in industries and so the addition of medical patents, and an explosion in various types of patents requested.

They weren’t just in England. The mid-1600s saw the British Colonies issuing their own patents. Patent law was evolving outside of England as well. The French system was becoming larger with more discoveries. By 1729 there were digests of patents being printed in Paris and we still keep open listings of them so they’re easily proven in court. Given the maturation of the Age of Enlightenment, that clashed with the financial protectionism of patent laws and intellectual property as a concept emerged but borrowed from the patent institutions bringing us right back to the Statute of Anne, which established the modern Copyright system. That and the Statue of Monopolies is where the British Empire established the modern copyright and patent systems respectively, which we use globally today. Apparently they were worth keeping throughout the Age of Revolution, mostly probably because they’d long been removed from the monarchal control and handed to various public institutions.

The American Revolution came and went. The French Revolution came and went. The Latin American wars of independence, revolutio...