Fritz Machlup & Edith Penrose, “The Patent Controversy in the Nineteenth Century,” J. Econ. History 10, no. 1 (May 1950): 1–29. Shamefully, this article is not available online. A compressed discussion of this matter can be found in Fritz Machlup, U.S. Senate Subcommittee On Patents, Trademarks & Copyrights, An Economic Review of the Patent System (85th Cong., 2nd Session, 1958, Study No. 15), Part II.C, “The Rise of an antipatent movement” (1850–1873).
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Stephan Kinsella is a libertarian writer and patent attorney in Houston, Texas. He has published widely on various areas of libertarian legal theory and on legal topics such as intellectual property law and international law. His publications include Legal Foundations of a Free Society (Papinian Press, 2023), Against Intellectual Property (Mises Institute, 2008), and International Investment, Political Risk, and Dispute Resolution: A Practitioner’s Guide (Oxford, 2020).
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The article is available to people with access to jstor at
https://www.jstor.org/stable/2113999.
Persons who lack access that enter that URL into scihub might get access to a copy, though the legality of such access is controversial at best.