| In this article we're going to do a brief historical | | | | patents, where two inventors applied for the same |
| review of the United States Patent Office. | | | | or similar patents. The act of 1793 created a patent |
| The first national patent system was influenced by | | | | board that was responsible for issuing patents. A |
| Thomas Jefferson in 1790. This was actually added | | | | two-thirds majority of the board, made up of the |
| to the United States Constitution in order to protect | | | | Secretary of State, Attorney General, and Secretary |
| the rights of inventors. From this began the growth | | | | of War, would be required to issue a patent. This act |
| of the American corporation. Even though the original | | | | was passed largely because of complaints by |
| thirteen colonies has individual patent laws it wasn't | | | | inventors that the act of 1790 was not sufficient to |
| until this constitutional act that the patent system | | | | protect their rights as inventors. |
| became uniform for everyone. | | | | It wasn't until the patent act of 1836 that the United |
| Actually, the modern concept of the patent itself | | | | States Patent Office was actually established. The |
| was established in Great Britain in the year 1449. | | | | patent office was created primarily because of the |
| That year King Henry VI issued a patent to John of | | | | inefficiency of the other two acts in processing |
| Utynam for stained glass manufacturing. The actual | | | | patents. Henry Ellsworth was mostly responsible for |
| history of the English patent system is important for | | | | establishing this act. He was also appointed the first |
| understanding the patent system of the United | | | | commissioner of patents. |
| States but is not the focus of this article. There are | | | | Through this act a system was created for |
| plenty of documents online where this information | | | | distributing new patents to libraries in every state. |
| can be found. | | | | This way it would be easy for an inventor to |
| In the United States, congress actually passed | | | | research whether or not a patent existed for a |
| several patent acts; one in 1790, one in 1793 and one | | | | particular invention. This would save the inventor a |
| in 1836. Each act added different things to the patent | | | | great deal of time applying for a patent that he |
| system as we know it today. | | | | couldn't get because it was already issued. |
| The patent act of 1790, the one influenced by | | | | Much has changed in the patent office since those |
| Jefferson, required that all applications for patents | | | | early days. What once took a relatively short period |
| had some kind of model, whether it be a drawing or | | | | of time now takes years as far as securing a patent. |
| prototype, to go along with the application. This was | | | | Many times a patent isn't issued until long after the |
| because Jefferson believed ideas should not be | | | | technology has been around for quite some time. |
| patentable. | | | | Unfortunately in the current climate and with the rate |
| The patent act of 1793 was actually a revision of the | | | | of technological advances increasing everyday, |
| patent act of 1790 due to some differences of | | | | patents are now viewed as nothing more than a |
| opinions between Jefferson and Alexander Hamilton | | | | bargaining chip in a court of law. |
| who wanted to add provisions for overlapping | | | | |