History of patent law facts for kids
Have you ever invented something cool? A patent is like a special permission from the government. It protects your new invention. This means others can't copy or sell your invention without your permission. The idea of patents helps inventors. It encourages them to create new and useful things. The history of patents and patent law usually starts with a law from Venice in 1474.
Contents
Early Ideas for Protecting Inventions
People have thought about protecting new ideas for a very long time. Even in Ancient Greece, there were early forms of patent rights.
Ancient Greek Innovations
Around 500 BCE, in a Greek city called Sybaris, people encouraged new ideas. If someone discovered a new fancy food, they got special rights. These rights protected their invention for one year. A writer named Athenaeus mentioned this. He said creators of unique dishes got exclusive rights.
Early English Protections
In England, kings and queens gave out special documents. These were called letters patent. Inventors would ask the ruler for protection. If approved, they got a monopoly. This meant only they could make or sell certain goods.
- In 1331, John Kempe received a royal grant. This was to teach English people a new industry.
- In 1449, King Henry VI gave a 20-year monopoly to John of Utynam. This was for his invention.
Italian Beginnings
Italy also had early patent ideas. The Republic of Venice gave a patent in 1416. It was for a machine that turned wool into felt.
Soon after, the Republic of Florence gave a patent to Filippo Brunelleschi in 1421. He was a famous architect. He got a three-year patent for a special barge. This barge had a hoist to carry marble along the Arno River.
How the Modern Patent System Grew
The way patents work today slowly developed over time.
Venice Leads the Way
By 1450, Venice started giving patents regularly. They made a rule that new inventions had to be shown to the Republic. This was to protect them from people copying the idea. The protection lasted for 10 years. Many of these patents were for making glass. As Venetians moved to other places, they wanted similar protection. This helped spread patent systems to other countries.
French Patent System
In 1555, King Henry II of France introduced a new idea. He said that a patent should include a description of the invention. The first such description was for Abel Foullon's rangefinder. The French Academy of Sciences would check if an invention was new.
English Patent Evolution
The English patent system changed a lot. It became the first modern system to protect intellectual property. This helped new inventions grow during the Industrial Revolution.
Monopolies and Royal Power
By the 1500s, English kings often gave letters patent. They gave them to friends or people who paid. These letters gave them monopolies on common goods, like salt. This was a way for the king to make money. But it caused many problems. People were very upset about these unfair monopolies.
The Statute of Monopolies
Because of public anger, James I of England had to cancel most monopolies. He said they should only be for "projects of new invention." This idea became law in 1624 with the Statute of Monopolies. This law limited the king's power. It said the king could only give patents to true inventors of new things. These patents would last for a set number of years. This law became the basis for patent laws in England and other countries.
Important Patent Law Changes
In the 1700s, patent law continued to develop. During the time of Queen Anne, patent applications had to include a full description. This description explained how the invention worked. It was made public for everyone to see.
Legal fights over James Watt's 1796 patent for his steam engine were very important. They showed that patents could be given for improving existing machines. They also showed that ideas or principles could be patented, even without a specific use yet.
This legal system influenced patent laws in countries like the United States, New Zealand, and Australia. In the Thirteen Colonies, inventors could get patents by asking their local government. In 1641, Samuel Winslow got the first patent in North America. It was for a new way to make salt.
Patents as Property Rights
By the late 1700s, people started seeing patents differently. Influenced by John Locke's ideas, patents became a form of intellectual property right. It was not just a special favor from the king.
However, a negative side of patents also appeared. Some companies used patents to control the market. They stopped other inventors from making improvements. For example, Boulton & Watt sued their competitors. They prevented improvements to the steam engine until their patent ran out.
Making Patent Laws Stronger
Over time, countries made their patent laws more organized and clear.
French Patent System Refined
France created its modern patent system during the French Revolution in 1791. Patents were given without checking if the invention was truly new. This was because inventors' rights were seen as natural. Patent costs were very high back then. The patent law was updated in 1844. This lowered the cost of patents.
United States Patent System
The idea for patents in the United States came from the United States Constitution. James Madison and Charles Cotesworth Pinckney suggested it in 1787. Madison wrote that protecting inventions was good for everyone.
First US Patent Act
The first US patent law was passed on April 10, 1790. It was called "An Act to promote the progress of useful Arts." The very first US patent was given on July 31, 1790. It went to Samuel Hopkins for a method of making potash.
Early laws required inventors to send a working model of their invention. This was with their patent application. Officials would check if the inventor deserved the patent. Later, the rule about working models was removed. In 1793, patents were given automatically after the description was submitted. A separate Patent Office was created in 1802.
Later US Patent Changes
The patent laws were changed again in 1836. This time, patent applications were checked more carefully. In 1870, Congress passed a new law. It mostly organized existing laws. But it also gave the commissioner of patents power to make rules for the Patent Office.
See also
- History of copyright law
- History of United States patent law
- United States patent case law
- Scire facias
