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A History of
the United States Patent Office
By: Jason O. Watson, creator of Historical-Markers.org
April 17, 2001
"The patent system added the fuel of interest to the fire of genius."
Abraham Lincoln (the only U.S. President to be issued a patent)1.
The United States Patent Office represented an early form of Federal
support for science. This support enabled scientists, inventors, and
entrepreneurs to secure property rights for their innovations. While
many of the original thirteen American Colonies had some form of
patent law, Thomas Jefferson (among others) influenced the development
of the first national patent system in 1790. The United States
Constitution, along with legislative acts in the late eighteenth and
nineteenth centuries, helped to promote the necessary environment for
scientists and inventors to protect and market their creations. A
major result of the marketability of intellectual property was the
development and growth of the American corporation, beginning in the
mid-nineteenth century.
The modern concept of the patent was established in England where, in
1449, King Henry VI awarded a patent to John of Utynam for stained
glass manufacturing.2 This patent established the notion of a
state-granted limited monopoly.3 While in fifteenth century England
there was nothing novel regarding the art of stained glass making, the
monarchy recognized the value of protecting certain arts and
industries, including those that were imported from other parts of
Europe (in this case Italy).
Beginning in 1552, a series of "letters patents" was issued by the
Crown. The monarchy began a trend of issuing patents for its own
benefit and for the benefit of officers and friends of the Court.4
Patents were issued on entire industries, not just inventions. For
example, the Stationers enjoyed complete control over the publishing
industry in England. The balance of power soon shifted towards those
whom the monarchy decided to favor. Reform began with reign of Queen
Elizabeth I. Francis Bacon commented that the Queen would grant
patents for any invention that she deemed useful to the country. In
an effort to curb further abuses of power, Parliament, in 1624, passed
the English Statute of Monopolies, which outlawed all royally
sanctioned monopolies. Realizing the importance of protecting
inventors and the economic benefits associated with encouraging
innovation, an exception was allowed for patents of "new
manufactures." These patents were awarded to the inventor as long as
their new devices did not hurt trade or result in price increases.
Additionally, a statutory limit of fourteen years was imposed on
English patents.
The history and evolution of the English patent system is important
for understanding the foundation of America's patent system. Sherwood
writes, "The idea of a patent system came to the New World with
immigrants from England... the American patent system thus reveals a
concern for the rights of the inventor and of society in general."5
Article 1, Section 8, Clause 8 (the "Intellectual Property Clause"
also called the Patent and/or Copyright Clause) of the United States
Constitution states, "Congress shall have the 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 language of the Intellectual Property Clause
vaguely defines the government's role in protecting the citizens'
"exclusive Right" to their intellectual property. As a result of the
ambiguity with the Patent Clause, Federal support of science and
technology through policy influence with respect to intellectual
property.
Congress passed several patent acts during the first half century
following the ratification of the Constitution. These acts include
the Patent Act of 1790, the Patent Act of 1793, and the Patent Act of
1836. It is important to examine the provisions outlined by these
acts, and analyze the impact of each upon American scientists of the
time. The provisions outlined by this series of Congressional
legislation are the foundation upon which the modern-day Patent Office
is based.
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