Jonah Patel
The history of patent law in the United States dates back to before the drafting of the US Constitution, with some state-specific patent laws already in place. When the first Congress convened in 1789, it formed a committee to draft a law under its constitutional power to protect intellectual property. The US Constitution, which was ratified on June 21, 1788, includes what is now known as the intellectual property clause, which gives Congress the power to grant writers and inventors exclusive rights to their work. The Patent Act of 1790 revolutionized patent law by establishing that patents are an inventor's right and not a privilege bestowed by a monarch. The first US patent was granted to Samuel Hopkins on July 31, 1790, and was signed by President George Washington.
| Characteristics | Values |
|---|---|
| Year of drafting the US Constitution | 1787 |
| Year of the first US Patent Act | 1790 |
| First US patent granted to | Samuel Hopkins |
| Invention of the first patent | Process of making potash |
| First patent signed by | President George Washington |
| Year of the Second Patent Act | 1793 |
| Year of the Third Patent Act | 1836 |
| Year of the Fourth Patent Act | 1870 |
| Year the patent office was established | 1802 |
| Year the patent office was renamed the Patent and Trademark Office | 1975 |
| Year the USPTO relocated to Alexandria, Virginia | 2005 |
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What You'll Learn
The US Constitution's intellectual property clause
The Intellectual Property Clause is a foundational document that establishes intellectual property rights in the United States. It replaced the varying state-law protections that existed during the Articles of Confederation period. The clause gives Congress the authority to enact legislation governing patents and copyrights.
For patents, the clause empowers Congress to grant inventors exclusive rights to their discoveries, enabling them to recoup their investments and capitalize on their research. This provision revolutionized patent law by recognizing inventors' rights rather than treating patents as privileges bestowed by monarchs. It also introduced an examination system with standards for patentable inventions, reducing the secrecy surrounding inventions.
For copyrights, the clause grants Congress the authority to confer exclusive rights to authors over their writings. The interpretation of "writings" has expanded over time, encompassing not only literary works but also artistic and intellectual creations, such as movies and software. The utilitarian aim of the Intellectual Property Clause is to maximize scientific and artistic progress by balancing incentives for innovation with the potential hindrances caused by limited access to writings and discoveries.
The framers of the Constitution believed that patent law encouraged innovation by safeguarding private property. James Madison, in Federalist #43, defended the creation of patent law as a matter of "reason" and "public good." The Intellectual Property Clause reflects an economic philosophy that promotes individual initiative and creativity as the best means to advance public welfare through the talents of authors and inventors.
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The Patent Act of 1790
The Act granted the applicant the "sole and exclusive right and liberty of making, constructing, using and vending to others to be used" of their invention. It revolutionized patent law in three ways. Firstly, patents constituted an inventor's right, not a privilege bestowed by a monarch. Secondly, it launched an examination system that introduced standards for patentable inventions. Thirdly, the law specified that a patent could not be granted if the invention had been used by anyone other than the petitioner or those with knowledge derived from them. This was intended to reduce the need for inventors to work secretly to protect their discoveries.
The first patent was granted on July 31, 1790, to Samuel Hopkins for his invention of "Making Pot and Pearl Ashes". Potash was used as an ingredient in several fields of manufacturing, such as making glass and soap, dying cloth, and producing both saltpetre and gunpowder. Fifty-seven patents were granted during the three years the 1790 Patent Act was in existence.
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The framers of the Constitution and their beliefs
The US Constitution was ratified on June 21, 1788. It includes what is now known as the intellectual property clause, which reads:
> [The Congress shall have Power...] To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.
The framers of the Constitution believed that patent law encouraged innovation by protecting private property. In Federalist #43, James Madison argued that creating patent law was a matter of "reason" and "public good". The framers plainly did not want monopolies to be freely granted. Instead, they wanted to advance science and useful arts.
The original states, except Rhode Island, collectively appointed 70 individuals to the Constitutional Convention. A number of these individuals did not accept or could not attend, including Richard Henry Lee, Patrick Henry, Thomas Jefferson, John Adams, Samuel Adams, and John Hancock. In all, 55 delegates attended the sessions, but only 39 actually signed the Constitution. The delegates ranged in age from Jonathan Dayton, aged 26, to Benjamin Franklin, aged 81, who was so infirm that he had to be carried to the sessions in a sedan chair.
The delegates were prominent in their states, and some had played important roles in the Revolution. In addition to Franklin, notable delegates included George Washington, James Madison, Alexander Hamilton, James Wilson, Gouverneur Morris, Edmond Randolph, and Roger Sherman. Most of the delegates had extensive political experience, with four-fifths having been in the Continental Congress. Nearly all 55 delegates had experience in colonial and state government. More than half the delegates had trained as lawyers, although only about a quarter had practiced law as their principal career.
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The first US patent
The US Constitution was ratified on 21 June 1788. It includes what is now known as the intellectual property clause: Article I, Section 8, Clause 8, which reads, "The Congress shall have Power [...] To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." This clause was the basis for the Patent Act of 1790, which revolutionized patent law in three ways. Firstly, patents were now considered an inventor's right, not a privilege bestowed by a monarch. Secondly, an examination system was launched, introducing standards for patentable inventions. Thirdly, the law specified that a patent could not be granted if the invention was "used by [...] others than the Petitioners or those who derived their knowledge thereof from or under them."
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Patent law before the US Constitution
The US Constitution, ratified on 21 June 1788, includes what is now known as the Intellectual Property Clause. This clause, also known as the Copyright Clause, the Progress Clause, or Article I, Section 8, Clause 8, states:
> [The Congress shall have Power...] To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.
The framers of the Constitution believed that patent law would encourage innovation by protecting private property. James Madison argued that creating patent law was a matter of "reason" and "public good".
On 22 January 1790, Congress began preparing the Patents Act. In February of the same year, a draft of the bill was ready. This bill proposed a board of patent commissioners to evaluate inventions for merit and originality. It also mandated a 14-year expiration date on patents and established patent filing procedures. The final version of the bill vested the power to grant patents in a three-person commission composed of the Secretary of State, the Secretary of War, and the Attorney General. This act, passed on 10 April 1790, was the first patent statute in US history.
The first Patent Board, made up of Secretary of State Thomas Jefferson, Secretary of War Henry Knox, and Attorney General Edmund Randolph, began examining patents. The first US patent was granted to Samuel Hopkins for a process of making potash, an ingredient used in fertilizer. President George Washington signed the patent.
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Frequently asked questions
The first US patent was granted to Samuel Hopkins on July 31, 1790, for "the making of pot ash and pearl ash by a new apparatus and process".
Article I, Section 8, Clause 8 of the US Constitution, also known as the intellectual property clause, authorizes Congress "to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries".
Yes, patenting existed before the US Constitution, with some state-specific patent laws in place. The earliest form of a patent was granted by medieval rulers, who would grant an exclusive right to a "monopoly". In 1641, the Massachusetts General Court gave Samuel Winslow an exclusive right to utilize a new process of making salt for 10 years, which is considered the first "patent" in America.
The first federal patent statute in the US was passed in 1790, known as the Patent Act of 1790.
