Digital Commons Network^™

Illuminating Innovation: From Patent Racing To Patent War, Lea B. Shaver

Lea Shaver

Patent law assumes that stronger protection boosts innovation. Yet empirical evidence to test this “innovation hypothesis” is lacking. This Article argues that historical case studies hold unique promise to provide an empirical foundation to patent law. The Article then offers such a case study focused on electrification. Specifically, this Article uses the history of patent prosecution and litigation surrounding the lightbulb to examine a recently articulated theory of “patent racing” as a justification for patent protection.

As put forth by Mark Lemley, racing theory suggests that patent protection raises the stakes of being the first to reach a technological milestone, …

Illuminating Innovation, Lea B. Shaver

Lea Shaver

The central justification offered for patent protection is the need to incentivize technological innovation. Yet to date there is little empirical evidence that this aim is achieved. This Article argues that historical case studies, exploring the impact of patent law on particular fields of technological innovation, can be especially helpful in providing an empirical foundation for patent scholarship. The Article then proceeds to offer one such case study, focused on one of the most important technological revolutions of the past two centuries: electrification. Although Thomas Edison and “the incandescent lamp” have been extensively studied, so far no one has asked …