Abstract

"Innovation undecided? Laboring patent litigation in Sweden, 1885-1925"

Fredrik Tell, Uppsala University (fredrik.tell@fek.uu.se)

A key idea with intellectual property such as patents is that potential inventors are incentivized. However, research has shown that how well you can enforce your intellectual property rights also significantly affects the benefits (Galasso et al, 2013). Enforcement of intellectual property rights often occurs through litigation. Regarding patents, contemporary research has identified factors actors affecting litigation, such as, context (Cremers et al., 2016), patent filing procedures and examination (Rassenfosse et al., 2023), and patentee characteristics (Papageorgiadis et al., 2023). Moreover, patent litigation is indeed a laborious process for the parties involved, especially small firms and independent inventors that fear the uncertainty, time, cost, and consequences of being involved in patent litigation (Athreye et al, 2021).

There are almost no historical studies on patent litigation. Exceptions are a recent study on the litigation of late 19th and early 20th century German patents (Donges et al, 2023) and the US (Khan, 1995) and on specific inventions (Beauchamp, 2010). One reason for this void could be the lack of litigation data. This paper makes use of a new data source on historical patent litigation: ‘Arkiv för patent-, mönster- och varumärkesskydd’ published in five volumes between 1919-1925 by the Swedish patent agent and intellectual property rights scholar Axel Hasselrot. Hasselrot compiled aggregate surveys of litigation cases in Sweden. Moreover, there are descriptions of selected Swedish patent litigation cases with detailed information about the cases, the different parties, relevant patent law, outcomes, costs and damages awarded. It covers patent litigation cases dating back to the 1880s. Drawing on this source, we analyze court cases to assess strategic use of litigation as well as benefits/damages to actors involved. Our results offer new knowledge on a hitherto under-studied aspect of the innovation system during the second industrial revolution and how it affected the actors involved.