The First U.S. Patent Act of 1789

On April 10, 1790, the United States took a significant step in the protection of intellectual property with the establishment of its first patent law. This legislative milestone was not enacted on October 8, 1789, as sometimes misstated, but rather came into existence in April of the following year.

Context and Development

Following the American Revolution, there was a keen interest in establishing an economic and legal framework that could foster innovation and protect inventors’ rights. The U.S. Constitution itself, adopted in 1787, recognized this need. Article I, Section 8, Clause 8 gives Congress 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.”

Provisions of the 1790 Patent Act

The Patent Act of 1790 was a brief document consisting of only seven sections. Its key features included:

• Patent Board: A board comprised of the Secretary of State, the Secretary of War, and the Attorney General was responsible for granting patents. The board examined applications to determine the novelty and utility of inventions.

• Duration and Rights: Successful patent applicants were granted exclusive rights to their discoveries for a term of 14 years, which was a long protection period compared to other contemporary laws.

• Application Process: Inventors were required to submit written specifications of their inventions to the Secretary of State. If the board found merit in the application, a patent would be issued under the United States.

• Fees and Enforcement: The fee for filing a patent was set at a modest amount, but the act included no specific enforcement process, which might have made protecting those rights challenging.

Historical Significance

The enactment of the Patent Act of 1790 marked the beginning of formalized intellectual property protection in the United States, laying the groundwork for future developments in patent law. It showcased the new nation’s commitment to incentivizing innovation and the practical application of scientific advice, encouraging creativity and economic advancement.

Aftermath and Revisions

Though pivotal, the first Patent Act had its shortcomings, including the cumbersome process and limited resources for enforcement. In response, the Patent Act of 1793 was enacted, which streamlined application processes and shifted to a simpler registration system. Over the subsequent years, U.S. patent law evolved significantly, adapting to the complexities of technical and scientific advancements.

The implementation and subsequent revisions of early patent laws underscored their crucial role in the economic growth of the United States, fostering a culture of innovation and enterprise that supported the country’s rise as an industrial power.