Posts Tagged: "President George Washington"

America Needs an Eighteenth-Century Patent System

We hear politicos so often proclaim that what America needs is a Twenty-First Century patent system. NO! America most certainly does not need a Twenty-First Century patent system. America needs an Eighteenth-Century patent system. The patent system our founding fathers created recognized the contributions made by everyone in the innovation ecosystem were important and necessary. We had it right once. It is time to get it right again!

Happy Birthday Patent System: Hope Springs Eternal

In 1790, the U.S. patent laws were first enacted and individuals could obtain a patent under the new federal government. For about a century beforehand, British citizens in the various parts of the American colonies could obtain patents for that region, and Britain and other European countries had patent laws as well. But the new American patent system was different: it was democratized in that anyone could participate, without the need for consent from the Crown. The origins of patent laws date back to the Fifteenth Century when Florentine regents sought to attract and keep innovators and their inventions. Elizabeth I was a keen ruler in passing various patent laws to encourage foreigners with ideas and inventions to relocate to Britain, as well as encourage domestic innovation.

Patents, Copyrights and the Constitution, Perfect Together

James Madison — the fourth President of the United States and the father of the U.S. Constitution — wrote the usefulness of the power granted to Congress in Art. I, Sec. 8, Clause 8 to award both patents and copyrights will scarcely be questioned… There is little doubt that patents were viewed by both Washington and Madison to be centrally important to the success of the new United States. The importance is only underscored by the fact that the only use of the word “right” in the U.S. Constitution is in reference to authors and inventors being granted exclusive rights. In other words, the only “rights” mentioned in the Constitution are patents and copyrights.

‘Y’ Patent on Presidents Day? Jefferson’s Revenge

Under President Jackson America rebooted the patent system and started numbering patents from 01. The prior patents under the Jeffersonian registration system were re-designated with the letter X. Since the American Invents Act (AIA) in 2011, we now have a Patent Trial and Appeal Board (PTAB) within the United States Patent and Trademark Office. This PTAB has the authority to hold administrative trials for the purpose of stripping property rights from patent owners. Perhaps we should once again re-designate all issued patents, this time with the letter “Y” after they survive what is essentially a de novo redo by the PTO. Why “Y”? “Y bother to patent anymore”? Or perhaps “Y bother to spend the time and money for a lengthy and onerous examination process that seems to mean nothing”?

The Day that Changed the World: April 10, 1790

To patent folks April 10, 1790 is the day that the earth shook, the heavens opened, and history was forever altered. 225 years ago, on April 10, 1790, President George Washington signed the first version of the U.S. patent act. It was the third Act of Congress. Madison, through a series of letters back and forth between Jefferson, who was in France helping Ben Franklin secure French support for the nascent US revolution, persuaded Jefferson that a limited monopoly on an inventor’s own creations was a good idea.