The Early Origins of Patent Law

There is a lot you might not know about patent law. If you are needing legal counsel in patent law in Philadelphia, it may be useful to get a good background on the ins and outs of this branch of American law. One way to do so is to learn about patent law's early origins and how it came to be a foundational aspect of American legal processes and the world of invention.

1787: Constitutional Foundation

The first-ever recognition of patent importance was documented in the original Constitution. It is in Article 1, Section 8 in which Congress is given 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".

The Patent Act of 1790

The idea of patent law was actually specified in the first official Patent Act in 1790. This made three major specifications:

Inventors had a non-renewable period of 14 years in which their invention was exclusively protected.

Federal patent protection did not exceed domestic patents.

Patent review was to be completed by a council composed of the Secretary of State, the Secretary of War, and the Attorney General.

The Patent Act of 1793

Inventors were not happy with the tedious approval process set out in 1790. As a result, the second significant change came in the Patent Act of 1793, in which the definitions of a patent were reworded and the Secretary of War's responsibilities were dropped, allowing it to be much easier to secure a patent.

The Patent Act of 1836

Even after the 1793 Act, the patent process was still somewhat cumbersome, and inventors were dissatisfied with the short protection period. This lead to the Patent Act of 1836, in which the Patent Office was established to more efficiently review patents. This act also allowed for a seven-year renewal, as well as dropped domestic requirements, enabling foreign patents to be protected in the U.S.

Many people struggle to understand the complex workings of laws, especially those having do with patents. However, with the above information in mind, you should be on your way to finding the right representation in patent law in Philadelphia. At the end of the day, legal matters can be exhausting and cumbersome things to deal with. One of the simplest ways to make the process smoother is to brush up a little bit on legal history and how it impacts you.