History of United States patent law
Encyclopedia
"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;" From the United States Constitution
, Article I
, Section 8
, Clause 8
.
was seen in Medieval times. Medieval rulers would grant an exclusive right to a "monopoly
." This was sometimes an attempt to raise funds without tax
ing, although taxes were still imposed. In England
such grants took the form of “letters patent
”, issued by the sovereign to inventors who petitioned and were approved: a grant of 1331 to John Kempe and his Company is the earliest authenticated instance of a royal grant made with the avowed purpose of instructing the English in a new industry.
In 1474, in Venice
, the first known patent law that granted inventors exclusive rights to their inventions was passed as a result of an economic policy. Thereafter, patents were a formal means of granting and restricting monopolies in Europe.
In 1624, in England, the Statute of Monopolies was passed primarily to restrict the power of the sovereign in granting monopolies. The Statute of Monopolies, for the first time in history, defined the following: that inventions had to be “new” to attain a monopoly, and that a monopoly would be granted only for a limited period of time (in this case 14 years.) These aspects have carried forward and helped shape the United States Patent Law
. The Statute of Monopolies attempted to reinforce the advantages to society of new inventions; however, a French
Patent Law, established in 1791, focused on the inventor and emphasized the invention as the inventor's property. The US Patent Law today adopts both streams of thought; however, the concept of monopolies and patents, in the US, initiated with the British thought of advantages to society.
, in order to protect an invention, a formal approval from the colony's chief was required. The first known patent on US soil was granted to Samuel Winslow in 1641, for a new method of making salt by the Massachusetts General Court
. After independence, and prior to the formal drafting of the United States Constitution
, many states
had systems in place for protecting inventions. In South Carolina
, inventors were granted exclusive rights for machines for a period of 14 years.
The U.S. Constitution, which is the foundation of US patent law, was drafted during the Industrial Revolution. Adopted in 1789, the Constitution grants 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". At this time, John Fitch
was developing his steam boat. It is believed that the Constitutional Committee went to see a trial of the steam boat. The Industrial Revolution and the quest for technology, prompted a pro-patent environment throughout the 19th century.
On April 10, 1790, the first U.S. Patent Act
was passed into law. The Patent Act empowered any two of: The Secretary of State
, the Secretary of War
, and the Attorney General
to grant a patent to a petitioning inventor for an invention “not before known or used” “if they shall deem the invention or discovery sufficiently useful and important”. This Act provided for patents to last for 14 years. A description of the invention had to be submitted to attain a patent. Since this inception of statutory patent law for the United States in 1790, the Patent Act has been periodically amended or replaced. One of the first statutory bars to the Patent Act stated that an invention which had been publicly used could not be granted a patent; however, this was later modified to allow for a grace period.
In 1793 the first Patent Act was modified, by Secretary of State Thomas Jefferson
, to include a definition of a patent which persists till date, “any new and useful art, machine, manufacture or composition of matter and any new and useful improvement on any art, machine, manufacture or composition of matter.”. Between 1790-1793, a total of 55 patents were granted, and by July 2, 1836 a total of 10,000 patents had been granted.
On July 4, 1836 the Patent Office
became a part of the State Department
as a result of the enormous dissatisfaction on hearings on patent appeals. After the transfer, all patent applications had to be submitted to the Patent Office. The Patent Office would determine the novelty
of the invention and decide if a patent should be granted. At the same time, the law changed to allow for a 7-year extension to the 14-year limit on a patent. In this revision of the Patent Act, inventors had to detail their invention in their patent application. The revision removed the nationality and residency requirement to file for a US patent; however, the filing fees continued to vary per race.
On July 13, 1836, Patent Number 1 was granted. In 1836, The Patent Office also went back and renumbered all previous patents with a suffix "X
". Prior to this, patents were listed by names and dates and not numbers. After the renumbering, the very first US Patent became Patent 1X. On December 15 of the same year, a fire demolished the Patent Office, and only 2,845 patents were recovered. This resulted in a law that required all patent applications to be submitted in doubles. This law for double copies of patent applications was dropped in 1870 when the Patent Office started printing.
In 1849, the Patent Office was transferred from the State Department to the Department of the Interior
. At the same time, the definition of a patent was expanded to include that the invention applying for a Patent should be new, useful and also non-obvious to other professionals in the same field.
The 1890 depression
resulted in an unfavorable view of patents. The depression was marked by a strained economy in which patents were perceived as a method of promoting monopolies. This negative attitude towards patents led to the inception of the Sherman Antitrust Act
. During the depression, many opposed patents, and this is depicted in the tendency of courts to invalidate patents. The conclusion of the depression also ended the negative attitudes towards patents; however, the Patent Law underwent opposition again in the Great Depression
. This skepticism towards patents again returned after World War II
in another period of economic depression.
In 1952, the basic structure of the modern Patent Law was laid out. In this amendment, an inventor had to describe not only his invention but also the basis for its infringement. Furthermore, an invention needed to be new and useful, as well as “non- obvious”) to be granted a patent. This amendment, which required patents to be non-obvious, was implemented to keep individuals from taking ownership or taking away from the base pool of knowledge in a particular field.
In the 1980 and '90s the atmosphere once again became pro-patent. The patent was seen as not only a business need but also a means to protect inventors. Patents became important, and they began to signify the importance of technology, invention, and discovery to the US.
In 1982, the Court of Customs and Patent Appeals was abolished, and patent cases were heard in the newly established Court of Appeals for the Federal Circuit
. The Court of Appeals for the Federal Circuit observed patents favorably and also started to provide more protection to their rightful owners.
for a "device to buoy vessels over shoals"; it consisted of a set of retractable floats mounted on the sides of riverboats.
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
, Article I
Article One of the United States Constitution
Article One of the United States Constitution describes the powers of Congress, the legislative branch of the federal government. The Article establishes the powers of and limitations on the Congress, consisting of a House of Representatives composed of Representatives, with each state gaining or...
, Section 8
Enumerated powers
The enumerated powers are a list of items found in Article I, section 8 of the US Constitution that set forth the authoritative capacity of the United States Congress. In summary, Congress may exercise the powers that the Constitution grants it, subject to explicit restrictions in the Bill of...
, Clause 8
Copyright Clause
Article I, Section 8, Clause 8 of the United States Constitution, known as the Copyright Clause, empowers the United States Congress:- Other Terms :This clause is also referred to as:* Copyright and Patent Clause* Patent and Copyright Clause...
.
Brief history of patent law
The oldest form of a patentPatent
A patent is a form of intellectual property. It consists of a set of exclusive rights granted by a sovereign state to an inventor or their assignee for a limited period of time in exchange for the public disclosure of an invention....
was seen in Medieval times. Medieval rulers would grant an exclusive right to a "monopoly
Monopoly
A monopoly exists when a specific person or enterprise is the only supplier of a particular commodity...
." This was sometimes an attempt to raise funds without tax
Tax
To tax is to impose a financial charge or other levy upon a taxpayer by a state or the functional equivalent of a state such that failure to pay is punishable by law. Taxes are also imposed by many subnational entities...
ing, although taxes were still imposed. In England
Kingdom of England
The Kingdom of England was, from 927 to 1707, a sovereign state to the northwest of continental Europe. At its height, the Kingdom of England spanned the southern two-thirds of the island of Great Britain and several smaller outlying islands; what today comprises the legal jurisdiction of England...
such grants took the form of “letters patent
Letters patent
Letters patent are a type of legal instrument in the form of a published written order issued by a monarch or president, generally granting an office, right, monopoly, title, or status to a person or corporation...
”, issued by the sovereign to inventors who petitioned and were approved: a grant of 1331 to John Kempe and his Company is the earliest authenticated instance of a royal grant made with the avowed purpose of instructing the English in a new industry.
In 1474, in Venice
Republic of Venice
The Republic of Venice or Venetian Republic was a state originating from the city of Venice in Northeastern Italy. It existed for over a millennium, from the late 7th century until 1797. It was formally known as the Most Serene Republic of Venice and is often referred to as La Serenissima, in...
, the first known patent law that granted inventors exclusive rights to their inventions was passed as a result of an economic policy. Thereafter, patents were a formal means of granting and restricting monopolies in Europe.
In 1624, in England, the Statute of Monopolies was passed primarily to restrict the power of the sovereign in granting monopolies. The Statute of Monopolies, for the first time in history, defined the following: that inventions had to be “new” to attain a monopoly, and that a monopoly would be granted only for a limited period of time (in this case 14 years.) These aspects have carried forward and helped shape the United States Patent Law
United States patent law
United States patent law was established "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;" as provided by the United States Constitution. Congress implemented these...
. The Statute of Monopolies attempted to reinforce the advantages to society of new inventions; however, a French
Early Modern France
Kingdom of France is the early modern period of French history from the end of the 15th century to the end of the 18th century...
Patent Law, established in 1791, focused on the inventor and emphasized the invention as the inventor's property. The US Patent Law today adopts both streams of thought; however, the concept of monopolies and patents, in the US, initiated with the British thought of advantages to society.
The U.S. Constitution and U.S. patent law
In the colonial eraThirteen Colonies
The Thirteen Colonies were English and later British colonies established on the Atlantic coast of North America between 1607 and 1733. They declared their independence in the American Revolution and formed the United States of America...
, in order to protect an invention, a formal approval from the colony's chief was required. The first known patent on US soil was granted to Samuel Winslow in 1641, for a new method of making salt by the Massachusetts General Court
Massachusetts General Court
The Massachusetts General Court is the state legislature of the Commonwealth of Massachusetts. The name "General Court" is a hold-over from the Colonial Era, when this body also sat in judgment of judicial appeals cases...
. After independence, and prior to the formal drafting of the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
, many states
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
had systems in place for protecting inventions. In South Carolina
South Carolina
South Carolina is a state in the Deep South of the United States that borders Georgia to the south, North Carolina to the north, and the Atlantic Ocean to the east. Originally part of the Province of Carolina, the Province of South Carolina was one of the 13 colonies that declared independence...
, inventors were granted exclusive rights for machines for a period of 14 years.
The U.S. Constitution, which is the foundation of US patent law, was drafted during the Industrial Revolution. Adopted in 1789, the Constitution grants 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". At this time, John Fitch
John Fitch (inventor)
John Fitch was an American inventor, clockmaker, and silversmith who, in 1787, built the first recorded steam-powered boat in the United States...
was developing his steam boat. It is believed that the Constitutional Committee went to see a trial of the steam boat. The Industrial Revolution and the quest for technology, prompted a pro-patent environment throughout the 19th century.
On April 10, 1790, the first U.S. Patent Act
Patent Act of 1790
The Patent Act of 1790 was the first patent statute passed by the federal government of the United States. It was enacted on April 10, 1790, about one year after the constitution was ratified and a new government was organized. The law was concise, defining the subject matter of a U.S...
was passed into law. The Patent Act empowered any two of: The Secretary of State
United States Secretary of State
The United States Secretary of State is the head of the United States Department of State, concerned with foreign affairs. The Secretary is a member of the Cabinet and the highest-ranking cabinet secretary both in line of succession and order of precedence...
, the Secretary of War
United States Secretary of War
The Secretary of War was a member of the United States President's Cabinet, beginning with George Washington's administration. A similar position, called either "Secretary at War" or "Secretary of War," was appointed to serve the Congress of the Confederation under the Articles of Confederation...
, and the Attorney General
United States Attorney General
The United States Attorney General is the head of the United States Department of Justice concerned with legal affairs and is the chief law enforcement officer of the United States government. The attorney general is considered to be the chief lawyer of the U.S. government...
to grant a patent to a petitioning inventor for an invention “not before known or used” “if they shall deem the invention or discovery sufficiently useful and important”. This Act provided for patents to last for 14 years. A description of the invention had to be submitted to attain a patent. Since this inception of statutory patent law for the United States in 1790, the Patent Act has been periodically amended or replaced. One of the first statutory bars to the Patent Act stated that an invention which had been publicly used could not be granted a patent; however, this was later modified to allow for a grace period.
In 1793 the first Patent Act was modified, by Secretary of State Thomas Jefferson
Thomas Jefferson
Thomas Jefferson was the principal author of the United States Declaration of Independence and the Statute of Virginia for Religious Freedom , the third President of the United States and founder of the University of Virginia...
, to include a definition of a patent which persists till date, “any new and useful art, machine, manufacture or composition of matter and any new and useful improvement on any art, machine, manufacture or composition of matter.”. Between 1790-1793, a total of 55 patents were granted, and by July 2, 1836 a total of 10,000 patents had been granted.
On July 4, 1836 the Patent Office
United States Patent and Trademark Office
The United States Patent and Trademark Office is an agency in the United States Department of Commerce that issues patents to inventors and businesses for their inventions, and trademark registration for product and intellectual property identification.The USPTO is based in Alexandria, Virginia,...
became a part of the State Department
United States Department of State
The United States Department of State , is the United States federal executive department responsible for international relations of the United States, equivalent to the foreign ministries of other countries...
as a result of the enormous dissatisfaction on hearings on patent appeals. After the transfer, all patent applications had to be submitted to the Patent Office. The Patent Office would determine the novelty
Novelty (patent)
Novelty is a patentability requirement. An invention is not patentable if the claimed subject matter was disclosed before the date of filing, or before the date of priority if a priority is claimed, of the patent application....
of the invention and decide if a patent should be granted. At the same time, the law changed to allow for a 7-year extension to the 14-year limit on a patent. In this revision of the Patent Act, inventors had to detail their invention in their patent application. The revision removed the nationality and residency requirement to file for a US patent; however, the filing fees continued to vary per race.
On July 13, 1836, Patent Number 1 was granted. In 1836, The Patent Office also went back and renumbered all previous patents with a suffix "X
X-Patent
The X-Patents are all the patents issued by the United States Patent and Trademark Office from July 1790 , to July 1836. The actual number is unknown, but the best estimate is 9,957. The records were burned in a fire, in December 1836, while in temporary storage...
". Prior to this, patents were listed by names and dates and not numbers. After the renumbering, the very first US Patent became Patent 1X. On December 15 of the same year, a fire demolished the Patent Office, and only 2,845 patents were recovered. This resulted in a law that required all patent applications to be submitted in doubles. This law for double copies of patent applications was dropped in 1870 when the Patent Office started printing.
In 1849, the Patent Office was transferred from the State Department to the Department of the Interior
United States Department of the Interior
The United States Department of the Interior is the United States federal executive department of the U.S. government responsible for the management and conservation of most federal land and natural resources, and the administration of programs relating to Native Americans, Alaska Natives, Native...
. At the same time, the definition of a patent was expanded to include that the invention applying for a Patent should be new, useful and also non-obvious to other professionals in the same field.
The 1890 depression
Panic of 1890
The Panic of 1890 was an acute depression, although less serious than other panics of the era. It was precipitated by the near insolvency of Barings Bank in London. Barings, led by Edward Baring, 1st Baron Revelstoke, faced bankruptcy in November 1890 due mainly to excessive risk-taking on poor...
resulted in an unfavorable view of patents. The depression was marked by a strained economy in which patents were perceived as a method of promoting monopolies. This negative attitude towards patents led to the inception of the Sherman Antitrust Act
Sherman Antitrust Act
The Sherman Antitrust Act requires the United States federal government to investigate and pursue trusts, companies, and organizations suspected of violating the Act. It was the first Federal statute to limit cartels and monopolies, and today still forms the basis for most antitrust litigation by...
. During the depression, many opposed patents, and this is depicted in the tendency of courts to invalidate patents. The conclusion of the depression also ended the negative attitudes towards patents; however, the Patent Law underwent opposition again in the Great Depression
Great Depression
The Great Depression was a severe worldwide economic depression in the decade preceding World War II. The timing of the Great Depression varied across nations, but in most countries it started in about 1929 and lasted until the late 1930s or early 1940s...
. This skepticism towards patents again returned after World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
in another period of economic depression.
In 1952, the basic structure of the modern Patent Law was laid out. In this amendment, an inventor had to describe not only his invention but also the basis for its infringement. Furthermore, an invention needed to be new and useful, as well as “non- obvious”) to be granted a patent. This amendment, which required patents to be non-obvious, was implemented to keep individuals from taking ownership or taking away from the base pool of knowledge in a particular field.
In the 1980 and '90s the atmosphere once again became pro-patent. The patent was seen as not only a business need but also a means to protect inventors. Patents became important, and they began to signify the importance of technology, invention, and discovery to the US.
In 1982, the Court of Customs and Patent Appeals was abolished, and patent cases were heard in the newly established Court of Appeals for the Federal Circuit
United States Court of Appeals for the Federal Circuit
-Vacancies and pending nominations:-List of former judges:-Chief judges:Notwithstanding the foregoing, when the court was initially created, Congress had to resolve which chief judge of the predecessor courts would become the first chief judge...
. The Court of Appeals for the Federal Circuit observed patents favorably and also started to provide more protection to their rightful owners.
Other notable dates
- 1790 – First US Patent Act drafted in the US Constitution. The first US Patent, numbered XX-PatentThe X-Patents are all the patents issued by the United States Patent and Trademark Office from July 1790 , to July 1836. The actual number is unknown, but the best estimate is 9,957. The records were burned in a fire, in December 1836, while in temporary storage...
000001 (pictured right), was granted on July 31, 1790. The patent was granted by Thomas Jefferson. The patent was granted to Samuel Hopkins, in Pittsford, VermontPittsford, VermontPittsford is a town in Rutland County, Vermont, United States. The town was named for William Pitt. As of the 2010 census, the town population was 2,991. Pittsford was first settled as a frontier town in 1769, about north of Bennington...
, for the "making of pot ash and pearl ashPotashPotash is the common name for various mined and manufactured salts that contain potassium in water-soluble form. In some rare cases, potash can be formed with traces of organic materials such as plant remains, and this was the major historical source for it before the industrial era...
by a new apparatus and process". - 1800 – Law prohibited foreigners to apply for patents in the US, unless they had been residents for 2 years.
- 1829 – Pennock v. Dialogue: This trial resulted in the statutory bar that patents could not be granted to inventions that were already in public use.
- 1832 -
- All resident aliens with an intent to become US citizens were allowed to apply for patents; however, they had to use their patent within one year in the US.
- Patents were also allowed to be changed if they had errors.
- In Grant v. Raymond it was ruled that an insufficient description of a patent was grounds for defense in cases of patent infringement.
- 1836 – On July 13, Patent Number 1 was granted. All old patents were relisted with X's, and the first patent became Patent 1X.
- 1839 – Patent Law was amended to provide a grace period of two years to use the patent. Patents that were rejected by the Patent Office could appeal to the Chief JusticeChief Justice of the United StatesThe Chief Justice of the United States is the head of the United States federal court system and the chief judge of the Supreme Court of the United States. The Chief Justice is one of nine Supreme Court justices; the other eight are the Associate Justices of the Supreme Court of the United States...
in D.C. - 1842- Fabrics were allowed to be patented. Hotchkiss v. GreenwoodHotchkiss v. GreenwoodHotchkiss v. Greenwood, 52 U.S. 248 is a United States Supreme Court case of 1850. It was the first US Supreme Court case to introduce the concept of non-obviousness as patentability requirement in United States patent law. -External links:*...
: Patents were furthered to also be “non-obvious” besides new and useful. - 1861 – Patent Law was amended, with some important amendments including:
- Three chief examiners were nominated to hear patent applications that had been rejected more than twice.
- Utility patents were now granted for 17 years.
- Design patents could be granted for 3½-, 7-, or 14-year periods upon the request of the applicant.
- 1864 – An amendment in the Patent Law, that is still in place today, stated that a patent under review could not be edited.
- 1870 - All legislations regarding patents were framed under one Act. Approximately 105,000 patents were in place.
- 1871 - Patent applications had to include black and white drawings of a particular size.
- 1883 – The Paris ConventionParis Convention for the Protection of Industrial PropertyThe Paris Convention for the Protection of Industrial Property, signed in Paris, France, on March 20, 1883, was one of the first intellectual property treaties. It established a Union for the protection of industrial property...
(ParC) took place, allowing patents to be valid among member countries. - 1887 – The US joined the Paris Convention.
- 1890 – Sherman Antitrust ActSherman Antitrust ActThe Sherman Antitrust Act requires the United States federal government to investigate and pursue trusts, companies, and organizations suspected of violating the Act. It was the first Federal statute to limit cartels and monopolies, and today still forms the basis for most antitrust litigation by...
was established. - 1891 – Evarts ActJudiciary Act of 1891The Judiciary Act of 1891 , also known as the Evarts Act after its primary sponsor, Senator William M. Evarts, created the United States courts of appeals, and reassigned the jurisdiction of most routine appeals from the district and circuit courts to these appellate courts...
was established. - 1893 – Patent appeals were heard in Court of Appeal for the District of ColumbiaUnited States Court of Appeals for the District of Columbia CircuitThe United States Court of Appeals for the District of Columbia Circuit known informally as the D.C. Circuit, is the federal appellate court for the U.S. District Court for the District of Columbia. Appeals from the D.C. Circuit, as with all the U.S. Courts of Appeals, are heard on a...
. - 1897 – Statutory bars were changed: An application had to be filed in the US within seven months of receiving an International Patent to be valid in the US. Prior knowledge of an invention was only valid if the knowledge came from the US.
- 1911 – Approximately one million patents had been granted.
- 1930 - Plant Patent Act established, which allowed asexual, manmade plants to receive patents.
- 1939 – Two-year grace period for using patents, was reduced to one year.
- 1941 - Cuno Engineering v. Automatic Devices Corp: Supreme Court ruled that a patent must show “genius.”
- 1946 – In order to receive a patent one had to be the “first to invent,” in the world. This was amended to “first to invent” within the US. (Storage Battery v. Shimadzu)
- 1954 – Plant Patent Act amended to include seeds, mutants and hybrids.
- 1968 – Patent Cooperation TreatyPatent Cooperation TreatyThe Patent Cooperation Treaty is an international patent law treaty, concluded in 1970. It provides a unified procedure for filing patent applications to protect inventions in each of its contracting states...
(PCT) is signed. - 1975 – Patent Office renamed “The Patent and TrademarkTrademarkA trademark, trade mark, or trade-mark is a distinctive sign or indicator used by an individual, business organization, or other legal entity to identify that the products or services to consumers with which the trademark appears originate from a unique source, and to distinguish its products or...
Office.” - 1978 – European Patent OfficeEuropean Patent OfficeThe European Patent Office is one of the two organs of the European Patent Organisation , the other being the Administrative Council. The EPO acts as executive body for the Organisation while the Administrative Council acts as its supervisory body as well as, to a limited extent, its legislative...
(EPO) was opened. - 1980 –
- Patent fees had to be paid for keeping a patent.
- Supreme Court grants Patent for genetically engineeredGenetic engineeringGenetic engineering, also called genetic modification, is the direct human manipulation of an organism's genome using modern DNA technology. It involves the introduction of foreign DNA or synthetic genes into the organism of interest...
bacteriaBacteriaBacteria are a large domain of prokaryotic microorganisms. Typically a few micrometres in length, bacteria have a wide range of shapes, ranging from spheres to rods and spirals...
.
- 1981 – Diamond v. DiehrDiamond v. DiehrDiamond v. Diehr, , was a 1981 U.S. Supreme Court decision which held that the execution of a physical process, controlled by running a computer program was patentable...
Supreme CourtSupreme Court of the United StatesThe Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
: software algorythms cannot be patented. Merely using a computer does not make an invention non-eligible, however “insignificant postsolution activity will not transform an unpatentable principle into a patentable process″ - 1990 – The definition of patent infringement changed.
- 1995 –
- United States Patent and Trademark Office (USPTO) opened patent museum.
- Uruguay Round Agreements ActUruguay Round Agreements ActThe Uruguay Round Agreements Act was an Act of Congress in the United States that implemented in U.S. law the provisions agreed upon at the Uruguay Round of negotiations of the General Agreement on Tariffs and Trade .- Legislative history :U.S...
adopted into order to bring fulfill treaty obligations under the TRIPS agreement of the Uruguay RoundUruguay RoundThe Uruguay Round was the 8th round of Multilateral trade negotiations conducted within the framework of the General Agreement on Tariffs and Trade , spanning from 1986-1994 and embracing 123 countries as “contracting parties”. The Round transformed the GATT into the World Trade Organization...
. Among other changes, the length of a patent was changed from 17 years after being granted to 20 years after application.
- 1998 – State Street Bank v. Signature Financial: Federal CiruitUnited States Court of Appeals for the Federal Circuit-Vacancies and pending nominations:-List of former judges:-Chief judges:Notwithstanding the foregoing, when the court was initially created, Congress had to resolve which chief judge of the predecessor courts would become the first chief judge...
rules an eligible invention must produce "a useful, concrete and tangible result.". - 2001 – First official publication of US Patent Application.
- 2008 – In re BilskiIn re BilskiIn re Bilski, 545 F.3d 943, 88 U.S.P.Q.2d 1385 , was an en banc decision of the United States Court of Appeals for the Federal Circuit on the patenting of method claims, particularly business methods. The Federal Circuit court affirmed the rejection of the patent claims involving a method of...
, Federal CiruitUnited States Court of Appeals for the Federal Circuit-Vacancies and pending nominations:-List of former judges:-Chief judges:Notwithstanding the foregoing, when the court was initially created, Congress had to resolve which chief judge of the predecessor courts would become the first chief judge...
invention must “transform an article to a different state or thing″, State Street test not to be relied upon - 2009 – In re Bilski, Supreme CourtSupreme Court of the United StatesThe Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
Trivia
The only President of the United States to hold a patent was Abraham LincolnAbraham Lincoln
Abraham Lincoln was the 16th President of the United States, serving from March 1861 until his assassination in April 1865. He successfully led his country through a great constitutional, military and moral crisis – the American Civil War – preserving the Union, while ending slavery, and...
for a "device to buoy vessels over shoals"; it consisted of a set of retractable floats mounted on the sides of riverboats.
See also
- Patent modelPatent modelA patent model was a scratch-built miniature model no larger than 12" by 12" by 12" that showed how an invention works...
s, working demonstration models required by the U.S. Congress along with patent applications, up to 1870