During the early colonial period in America, there was a lack of general laws regarding the granting of patents. Nevertheless, individuals who invented new products had the option to approach colonial governments and request exclusive commercial rights for their creations. In 1641, Samuel Winslow became the recipient of the first such rights granted in the colonies. The Massachusetts General Court bestowed upon him the exclusive privilege of utilizing a novel salt-making process for a duration of 10 years.
The case is informally referred to as the initial “patent” in America. Other colonies and later states in the United States also granted similar exclusive commercial rights. These acts were private acts of colonial or state governments, providing commercial privileges to specific individuals, before general patent laws were passed in each state. This practice of using private acts to grant patents is said to have originated in England, specifically from the English Statute of Monopolies of 1624.
During the late 18th century, states started implementing general patent laws as replacements for specific acts. These laws standardized patent application procedures, examination processes, and terms for patent ownership. In 1784, South Carolina became the first state to pass a general patent law.
The initial general patent act of South Carolina, called “An Act for the Encouragement of Arts and Sciences,” centered mainly on copyright protection. It also encompassed a clause affirming that creators of beneficial machines would possess identical rights to produce and distribute their machines exclusively for 14 years, with comparable privileges and limitations as authors of books. Following this, numerous other states enacted analogous general patent acts with a duration of 14 years, mirroring the practices in England.
The lack of a federal system meant that patent holders had to individually apply for patents in each state if they wanted to use their invention in multiple states. This was expensive and time-consuming, so there was a need for a standardized national patent law to make the application process more efficient.
The Constitution of the United States, initially ratified on September 17, 1787, incorporates Article I, Section 8 which safeguards intellectual properties. This provision empowers Congress to encourage scientific and artistic advancements by bestowing authors and inventors with exclusive rights to their works and innovations for a set duration.
The Patent Act of 1790, also known as “An Act to promote the Progress of Useful Arts,” was the inaugural federal patent statute in the United States. Comprising only seven sections, this concise statute granted patentees a 14-year period of exclusive rights over their inventions, with no provision for extension, similar to state statutes.
Several inventors were unhappy with the short duration of protection for their inventions, feeling that 14 years was not enough time. This was especially true considering the often long process involved in bringing an invention to market. Furthermore, under the Patent Act of 1790, foreigners were not allowed to obtain patents in the United States. The act granted three individuals – the Secretary of State, the Secretary of War, and the Attorney General – sole authority over deciding who received or did not receive a patent.
In order to obtain a patent, applicants had to obtain consent from two out of three officials who were responsible for evaluating the originality and usefulness of inventions. However, this examination process was criticized for being lengthy. Furthermore, the officials had other important responsibilities that impeded the efficiency of the process, causing delays of several months for patent evaluations.
The Patent Act of 1790 was replaced by the Patent Act of 1793, which is known for its definition of eligible patent subjects: “any new and useful art, machine, manufacture or composition of matter and any new and useful improvement on any art, machine, manufacture or composition of matter”. The application process in the 1793 act was simpler than that of the 1790 act.
The Patent Act of 1793 was revised in 1836, simplifying the process of obtaining patents. Before this revision, individuals had to petition the Secretary of State and undergo examination by the Attorney General. The requirement for patented inventions to be “sufficiently useful and important” was eliminated, making it easier for inventions to receive patents as long as they were useful in some way and “not before known or used”.
Between the Patent Act of 1790 and the Patent Act of 1793, only 55 patents were granted. However, by July 2, 1836, a total of 10,000 patents had been granted. Unfortunately, with the increased number of patents came a decrease in quality. Thomas Jefferson recognized this issue as Secretary of State at that time and sought assistance from experts to enhance the patent examination process. To improve the determination of novelty and usefulness in inventions, he enlisted personnel from the University of Pennsylvania. Despite these efforts, due to their overwhelming quantity, the poorly organized patent office struggled to adequately examine each application.
In his book “Science in the Federal Government: A History of Policies and Activities,” Dupree wrote about the decline of the patent office and the increase in inventors. Patents were being granted for things that were not truly innovative or useful, leading to a rise in patent lawsuits. This ineffective situation left patentees unhappy and overwhelmed the courts with patent infringement cases.
The Patent Act of 1836 was enacted to resolve problems with previous patent acts and had several noteworthy implications. One notable aspect was the establishment of an official Patent Office, which remained under the Department of State but relieved the Secretary of State from granting patents. The responsibility of granting patents shifted to the Commissioner of Patents, leading to a more efficient procedure for patent applications.
Moreover, the legislation ensured that recently obtained patents would be accessible to the public via national libraries. This allowed individuals to verify the originality of their inventions before seeking a patent, thereby enhancing the caliber of granted patents. Furthermore, this law addressed a persistent problem by introducing an opportunity to extend patent protection for an extra 7 years beyond the initial 14-year period.
The Commissioner of Patent permits patentees to seek an extension of their protection with certain requirements. In addition, the previous requirement of being a US citizen or resident has been eliminated, allowing foreign individuals to apply for patents in the United States.
Reference
- Manufactures of the United States in 1860; compiled from the original returns of the eighth census, under the direction of the Secretary of the interior. U. S. Government Printing Office. 1865. p. cxcix.
- The South Carolina Historical and Genealogical Magazine , Volumes 8-9. South Carolina Historical Society.
- Cooper, Thomas (1838). The Statutes at Large of South Carolina: Acts from 1716 to 1752. A. S. Johnston. p. 805.
- National Research Council (1993). Global Dimensions of Intellectual Property Rights in Science and Technology. National Academies Press. p. 49
- Constitutional Rights Foundation, Bill of Rights in Action WINTER 2008 (Volume 23, No. 4). “The Origins of Patent and Copyright Law”. Retrieved 26 March 2013
