Michael Risch
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Nov 9, 2026
Guthery, Burke & Risch on Patents in the Early American Republic
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Brian L. FryeHOST
I wonder if for the benefit of listeners who might not know a whole lot about patent law, maybe, Michael, if you could kind of give a brief overview of sort of the smallest version you can of kind of how patent law works now and how it was different during the period that you all are writing about in this book.
Michael RischGUEST
So interestingly, the things that are required to get a patent have not really changed that much since 1790.
Michael RischGUEST
One must describe what the invention is and enable those who have skill in that area to make and use it.
25 MINS LATER
S
32:20Scott GutheryGUEST
And I'm sure that if you started looking under rocks, you'd find a lot more.
Unfettered Invention: How the X Patents Sparked Early American Technology with Scott B. Guthery, Julie Burke, and Michael Risch
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Lisa MuellerHOST
So tell us, what are the ex-patents? Why are they even called that? And how could records of nearly 10,000 of them disappear?
Michael RischGUEST
So it's interesting you say that because we actually debated the title of the book because we were worried people would think of the X patents or I mean, the X files or something else when we were talking about it.
Michael RischGUEST
And for almost all of that, you could send an application in and the patent would not be examined.
14 MINS LATER

Lisa MuellerHOST
You know, what law was governing the patent system then? And what would you say were some of the strengths and the weaknesses of that law?