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December 2nd, 2008 admin

Crown Royal

Brief Overview: History of Patents

One of the most successful patent systems in the world is the United States patent system. After filing your Patent you can expect a wait of 12 to 18 months before you hear whether it has been approved or not. You should learn a little about the origins of the US patent system so if you are waiting for the Patent Offices’ decision concerning your invention, you can do this during your waiting period.

The first European patents were issued in the Republic of Venice in the late 15h century, but these early Venetian patents did not result in the creation of a patent system. This patent system that originated in England in the 15th century, was a 20-year monopoly given to John of Utynam for the use of a new method to make stained glass, by King Henry VI . It gives inventors official sanction to reap the economic benefits of their inventions sense Utynam’s was the first recorder patent in English history and it marked the beginning of the patent system.

Later English developments formed the foundation of both present-day English and US patent laws. Before the Statute of Monopolies Law was passed in 1624, monopolies used to be granted by English royalty who tended to use patents to give them to people who gave money to the royal treasury, and it was possible for patentees to get monopolies for products that were not new. The Statute of Monopolies law stated that patents would only be granted to new inventions and that monopolies were contrary to English laws. The law also established time limitations to patents. The English Court made it mandatory to describe inventions in writing before being able to have their patents accepted in the 18th century. The basis on which modern US patent law rests on consists of the English patent laws that were active during the Colonial period.

It did not take long, however, before the tables were turned; US Patent Law soon affected the development of English Patent Laws. The first Article of the US Constitution included a clause about promoting Science and the Arts by protecting the exclusive rights of inventors to their discoveries. Before 1790, the English King was the lone possessor of everything the colonists invented.

The US Congress accepted the first US Patent Statute in 1790; and then in 1836 a patent law passed providing the first patent system worldwide. An important feature of this new system is the reviewing of all patent applications to verify that the inventions are lawful and new. The 1836 statute created the US Patent Office where technically qualified employees examine patent applications. Applicants were accorded the right to contest the decisions of the Patent Office and a further right of appeal to the Supreme Court of the United States.

Among the many significant differences between the US Patent Law and the patent laws of England and European countries at the time was that it did not aim at exacting a price for granting patents; nor was it ever an instrument for raising revenues for the state. Patent application fees in the US were (and are) priced fairly.
These fees are only used to pay for the administrative costs of the United States Patent Office. In England, by contrast, exorbitant fees limited access to patents to a privileged few. Patent costs in England were four times the average income in 1860. Inventors had to follow complicated administrative procedures before they could obtain patents,and patent fees were a source of revenues for the Crown and the Court.

Faced with growing concerns over US competition by the English, English patent laws introduced some changes. During the 1851 Crystal Palace Exhibition, England finally realized that the United States as well as by other European nations, represented a threat to its initial industrial supremacy. This realization signaled the start of a revision process that began in 1852 when Parliament approved the Patent Law Amendment Act the first real adjustment of the patent system in two centuries and lasted well into the twentieth century. Obviously influenced by the US Patent Law, the English Patent Law of 1852 lowered patent application fees and created the Office of the Commissioners of Patents for Inventions.

US Patent Law was first created to encourage inventiveness. To permit the use of their inventions unlike many European countries, the United States does not require patentees. Most of the valuable patents in the United States are owned by your larger corporations who in return exploit them for all they are worth. There have been several independent inventors in America, starting with Samuel Hopkis, who received the very first US patent in early 1790.

The dilemma between the merits of protecting independent inventors versus the drawbacks of monopoly is as relevant today as it was when the English Parliament passed the Statute of Monopolies law in 1624 – almost four hundred years ago.

Jill Scott – “Crown Royal”


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