scholarly journals Patent Law and the Materiality of Inventions in the California Oil Industry: The Story of Halliburton v. Walker, 1935–1946

2021 ◽  
pp. 1-23
Author(s):  
GERARDO CON DÍAZ
Keyword(s):  
Industrial Revolution ◽  
Oil Industry ◽  
Patent Law ◽  
Oil Well ◽  
Barriers To Entry ◽  
Short Term ◽  
Depth Measurement ◽  
Legal Precedent ◽  
Well Depth ◽  
Second Industrial Revolution

This article examines a patenting conflict between the Halliburton Oil Well and Cementing Company and an independent inventor named Cranford Walker. It argues that Halliburton’s effort to lower the barriers to entry into the oil well depth measurement industry facilitated the re-emergence of materiality as a pre-condition for the patent eligibility of inventive processes. In 1941, Walker sued Halliburton for infringement of three of his patents, and Halliburton responded with an aggressive defense aimed at invalidating them. Over the next five years, the courts handling this conflict adopted very narrow legal theories developed during the Second Industrial Revolution to assess the patent eligibility of inventions that involved mental steps—processes such as mathematical computations, which people can perform in their minds. The resulting legal precedent cleared the path for Halliburton’s short-term industrial goals and continued to shape patent law for the rest of the century.

scholarly journals Fundamental Patents, National Intellectual Property Regimes, and the Development of New Industries in Britain and America during the Second Industrial Revolution

2019 ◽  
Vol 60 (1) ◽  
pp. 181-208
Author(s):  
Peter Scott ◽  
Anna Spadavecchia
Keyword(s):  
Industrial Revolution ◽  
Patent Law ◽  
Specific Product ◽  
Consumer Prices ◽  
The Usa ◽  
Path Dependent ◽  
The Uk ◽  
Property Regimes ◽  
Dependent Processes ◽  
Second Industrial Revolution

Abstract Several “new” industries of the second industrial revolution were characterised by one, or few, “fundamental” patents, without which manufacture of a viable product was not practicable. The degree of monopoly control that such patents conveyed was mediated by national socio-legal regimes, encompassing both patent law and its interpretation and enforcement. Using four case studies (two for the UK – a low anti-trust environment, and two for the USA – a high anti-trust environment) we show that fundamental patents were major determinants of monopoly power, industry structure, barriers to competition, and consumer prices. Impacts could extend beyond the life of the patents, owing to first mover advantages and path-dependent processes. Meanwhile national socio-legal environments, the nature of the fundamental patents, the strategies of the patent owners, and the nature of the specific product technology could have important (and sometimes unforeseen) consequences.

PROTECTION OF INTELLECTUAL PROPERTY ASSOCIATED WITH THE EXPLORATION OF OUTER SPACE

2019 ◽  
pp. 21-26
Author(s):  
A.V. Bagrov
Keyword(s):  
Intellectual Property ◽  
Industrial Revolution ◽  
Outer Space ◽  
Patent Law ◽  
Patent Holder ◽  
Space Flights ◽  
Innovative Solutions ◽  
Space Law ◽  
Uncertain Time

Patent law, which arose at the beginning of the industrial revolution and protects the rights of the patent holder solely on the territory of patenting, does not apply to inventions used in outer space. Space is not included in any patenting territory. It is necessary on a new basis to form the space law on the protection of innovative solutions, which will take into account the uncertain time between the filing of an application for an invention and its first use in space. Now it often exceeds the generally accepted period of validity of patents. For space patents, it is advisable to establish their validity for at least 50 years from the date of first use. All outer space, including all objects located in it, is proposed to be declared a single patent territory. It is necessary to exclude duties on the maintenance of patents used in space flights, if they are used only by the developer or are transferred to them for free leasing.

scholarly journals Technology and Geography in the Second Industrial Revolution: New Evidence from the Margins of Trade

2017 ◽  
Vol 77 (1) ◽  
pp. 39-89 ◽  
Author(s):  
Michael Huberman ◽  
Christopher M. Meissner ◽  
Kim Oosterlinck
Keyword(s):  
Productivity Growth ◽  
Industrial Revolution ◽  
New Products ◽  
Trade Costs ◽  
Belle Epoque ◽  
Belle Époque ◽  
New Evidence ◽  
The Relationship ◽  
Second Industrial Revolution

Belle Époque Belgium recorded an unprecedented trade boom. Exploiting a new granular trade dataset, we find that the number of products delivered abroad and destinations serviced more than doubled in less than 40 years. To explain this remarkable achievement, we study the relationship between trade costs and the intensive and extensive margins of trade. The establishment of a foreign diplomatic network that lowered beachhead costs and enabled the entry of new products was an essential fact of the trade boom. Interestingly, the expansion in trade in certain sectors did not translate into faster productivity growth. We offer some explanations.

Parnassus and Commodity Time

2016 ◽  
Author(s):  
Marion Thain
Keyword(s):  
Industrial Revolution ◽  
The Past ◽  
Second Industrial Revolution

This second case study of Part I focuses on the English Parnassian revival, and, specifically, on Gleeson White’s definitive anthology of Parnassian poetry (featuring poets such as Graham R. Tomson, W. E Henley, John Payne and A. Mary F. Robinson). The chapter argues for the strict metrical structures of the Parnassian poet as engaging not in a nostalgia for a secure and orderly ideal of the past, but with the machine and commodity rhythms and forms of the ‘second’ industrial revolution. This engagement with the past in fact a means of engaging with the present. Ultimately asking what kind of historicism the new Parnassians were practicing in their borrowing of medieval French forms, the chapter finds models that speak to Benjaminian, post-Enlightenment, ideals, and move lyric away from the older, Hegelian lyric temporalities.

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