Evolution of the U.S. Patent System


10 January 2019



Patents have actually existed since the 1300s when an inventor was granted a right to a monopoly. While the specifics of the grants, the complexity of the issuing process, and the number of patents that exist have greatly expanded, the principle idea of the right has not changed significantly. However, we now have a robust industry of patent attorneys like Tampa’s The Patent Professor, a profession you probably wouldn’t have stumbled across in the Medieval times. Read more below about the evolution of the United States patent system to what we know it to be today:

The Colonial Period:

In the Colonies, there was no set patent process or a centralized patent office, since each colony operated essentially as a completely individual territory under the British monarchy. However, each colony issued “patents” on a case-by-case basis, with the first being issued to Samuel Winslow by the Governor of Massachusetts in 1641. Winslow was granted a 10-year monopoly on a particular method of harvesting salt.

Adoption of the US Constitution:

In Article 1, Section 8 of the United States Constitution, there is a provision that specifically addresses the protection of intellectual property. This was the first official mention of a patent in US documentation and signaled that the United States would support innovation with legal tools that allowed term-limited “monopolies” on registered inventions.

The Patent Acts:


3 years after the adoption of the US Constitution by the newly formed United States, the Patent Act of 1790 was passed. It gave limited protections, a short, 14-year term for protection, and was found to be fairly unsatisfactory to most concerned citizens of the new country. It would only last a few years before being replaced.


In 1793, the modern definition of a patent was introduced, and the application process was simplified. This Patent Act stood for over 50 years and granted over 10,000 patents before being updated once more.


In 1836, a new Act was passed that formally established the United States Patent Office, whereas previous patent applicants had to appeal directly to the Secretary of State (and in the first Patent Act, to the Attorney General and Secretary of War as well). In addition, it created a database of all existing patents, available in public libraries, so that people could research before submitting their application to ensure that it was a truly original idea. Finally, it created the option for patent holders to extend from 14 to 21 years in some cases.

Depression and Anti-Patent Sentiments:

In the 1890 Depression, and again during the Great Depression, US citizens held an exceptionally negative attitude towards patents, and these sentiments led to the establishment of antitrust laws. These laws created limitations on the monopolies that major corporations were able to form and gave power back to the smaller players of the industry.

The Modern United States Patent and Trademark Office:

The Patent Act of 1952 created the current patent system as we know it today. It added additional stipulations for the final approval of a patent, such as ways that it could be infringed, explaining how it is useful and non-obvious, and other details that are still present in the application process to the USPTO.

Patent law is constantly evolving, and as more patents and new technologies develop, you can be certain that they will continue to evolve, even more rapidly as the rate of innovation increases.

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I enjoy writing and I write quality guest posts on topics of my interest and passion. I have been doing this since my college days. My special interests are in health, fitness, food and following the latest trends in these areas. I am an editor at Content Rally.

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The CEO Of OpenAI Joins Microsoft Adding Further To The Controversy

Sam Altman, The CEO Of OpenAI Joins Microsoft Adding Further To The Controversy

In a chaotic boardroom coup at the OpenAI on Friday, Sam Altman, the company's CEO, was overthrown. He was also the company's co-founder; however, news came in of him joining Microsoft after he was fired.Microsoft is one of the biggest stakeholders of OpenAI, with an investment of $13 billion. The balance of power is a significant move in the age of Artificial Intelligence, especially with the integration of new technology over the decades.https://twitter.com/ericzhu105/status/1726668924652335188?s=20After Altman was fired, another co-founder of OpenAI, Greg Brockman, joined the company Microsoft. Brockman was the president of the OpenAI company, thus influencing how OpenAI will function in the future.After Altman was fired, Mira Murati took the position of interim CEO of OpenAI but will return to her original role of chief technology officer at OpenAI. The ChatGPT company will hire Emmett Shear as the interim CEO, leaving her position as the former CEO at Amazon's streaming service Twitch.Satya Nadella, the Microsoft CEO, posted on the social media platform X about their hiring of Sam Altman at Microsoft. The two ex-colleagues and co-founders of OpenAI, Sam Altman and Greg Brockman, will lead an advanced AI research team at Microsoft.The ChatGPT organization, OpenAI, significantly changed the industry, especially with the introduction of artificial intelligence. The balance of power changed, and with the acquisition of Altman and Brockman, Microsoft had the upper hand.https://twitter.com/Forbes/status/1726518259896201296?s=20Altman visited OpenAI's headquarters and wrote, "First and last time I ever wear one of these." along with posting a photo on social media platform X, previously known as Twitter, where he is holding a green guest badge which was connected to a labeled lanyard "OpenAI"!As per the rumors in the industry and certain reports by the New York Times and Wall Street Journal, the board that fired Altman is worried. They are trying to reconsider the decision and have second thoughts. They wanted to re-engage and discuss with Brockman and Altman to return, but the ball is out of their court now!Read More About:Pinterest Launched A New Education And Information Hub For CreatorsYouTube Premium Introduces International Price Hikes After Cracking Down Ad Blockers

subhash Chandra bose

Netaji Subhash Chandra Bose was a Hero of Heroes

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Best Movies Which You Should Know On Max Right Now

The Names Of Best Movies Which You Should Know On Max Right Now  

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