April Marks Important Milestone for Patent Law
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The U.S. patent and Trademark Office celebrated an important milestone earlier this month. April 10 marked the anniversary of the first U.S. patent law, which was enacted on April 10, 1790.
By signing the bill into law, President George Washington established the foundation of the modern American patent system. It also marked the first time in American history that the law gave inventors legal rights to their creations.
The 1790 law authorized Patent Board members to grant a patent. Their authority was absolute and could not be appealed. Thomas Jefferson, Secretary of State, was considered the first administrator of the American patent system and the first patent examiner.
The law also defined patentable subject matter as "any useful art, manufacture, engine, machine, or device, or any improvement thereon not before known or used." Applicants were required to provide a patent specification and drawing and, if possible, a model. After examining the application, the board members would issue a patent if they deemed "the invention or discovery sufficiently useful and important." Fees for a patent were between $4 and $5.
On July 31, 1790, Samuel Hopkins of Philadelphia, PA, was awarded the first U.S. patent for an improvement in "the making of Pot ash and Pearl ash by a new Apparatus and Process." Potash is an ingredient used in fertilizer. The first patent can be seen on the U.S. Patent and Trademark Office website. In addition, the original document still exists in the collections of the Chicago Historical Society.
ABOUT THE AUTHOR: Jeffrey G. Sheldon
Jeffrey G. Sheldon is the founding partner of Sheldon Mak & Anderson, a leading West Coast Intellectual Property law firm with main offices in Pasadena, California. Mr. Sheldon is a summa cum laude graduate of Loyola Law School. He has a Bachelors of Science Degree in Chemical Engineering from the Carnegie Institute of Technology, and a Masters of Science Degree in Biomedical Engineering from the University of Strathclyde, Glasgow, Scotland. His studies in Scotland resulted from receiving the prestigious Marshall Scholarship from the United Kingdom government. Mr. Sheldon has been litigating intellectual property issues and prosecuting patent, trademark, and copyright applications since 1975.
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More information about Sheldon Mak & Anderson PC
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
The 1790 law authorized Patent Board members to grant a patent. Their authority was absolute and could not be appealed. Thomas Jefferson, Secretary of State, was considered the first administrator of the American patent system and the first patent examiner.
The law also defined patentable subject matter as "any useful art, manufacture, engine, machine, or device, or any improvement thereon not before known or used." Applicants were required to provide a patent specification and drawing and, if possible, a model. After examining the application, the board members would issue a patent if they deemed "the invention or discovery sufficiently useful and important." Fees for a patent were between $4 and $5.
On July 31, 1790, Samuel Hopkins of Philadelphia, PA, was awarded the first U.S. patent for an improvement in "the making of Pot ash and Pearl ash by a new Apparatus and Process." Potash is an ingredient used in fertilizer. The first patent can be seen on the U.S. Patent and Trademark Office website. In addition, the original document still exists in the collections of the Chicago Historical Society.
ABOUT THE AUTHOR: Jeffrey G. Sheldon
Jeffrey G. Sheldon is the founding partner of Sheldon Mak & Anderson, a leading West Coast Intellectual Property law firm with main offices in Pasadena, California. Mr. Sheldon is a summa cum laude graduate of Loyola Law School. He has a Bachelors of Science Degree in Chemical Engineering from the Carnegie Institute of Technology, and a Masters of Science Degree in Biomedical Engineering from the University of Strathclyde, Glasgow, Scotland. His studies in Scotland resulted from receiving the prestigious Marshall Scholarship from the United Kingdom government. Mr. Sheldon has been litigating intellectual property issues and prosecuting patent, trademark, and copyright applications since 1975.
Copyright Sheldon Mak & Anderson PC
More information about Sheldon Mak & Anderson PC
View all articles published by Sheldon Mak & Anderson PC
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
