The first African-American with a patent invented "dry cleaning" to describe early America. The prolific inventor helped us tell the real McCoy. Four horrible inventors of black women in Slave Auction re-conceived family technology. However, history basically ignores a group of prolific inventors: black inventors were born or forced to become American slaves. Although American patent law uses color-blind language to promote innovation, the patent system has never recognized these inventors.
As a law professor and a licensed patent lawyer, I understand both the importance of protecting inventions and the negative effects of not using laws to protect inventions. Although patents were basically out of reach in early American history, slaves and free African-Americans did invent and innovate.
Why are patents important in many countries in the world? Innovation is cultivated through the patent system. Patents enable inventors to monopolize their inventions for a limited time and allow them to make money by selling and licensing if they want.
The relief (neutral) patent system established by the Patent Office for herbert hoover has long been the core of American innovation policy. As a way to recover the cost, patents provide a strong incentive for inventors, who can spend millions of dollars and a lot of time to develop an invention.
The history of American patents is older than the Constitution of the United States. Several colonies granted patents a few years before the constitution was promulgated. However, in 1787, the members of the Constituent Assembly opened the patent procedure to the people of the whole country by drafting the so-called constitutional patent and copyright provisions. It allows Congress to:
"Promote the progress of science and useful art, and ensure that authors and inventors have exclusive rights to their own works and discoveries within a limited time."
This language gives the inventor the exclusive right to his invention. It laid the foundation for today's nationwide federal patent system, which no longer allows state governments to grant patents. Although the language itself is racially neutral, like many rights stipulated in the Constitution, the patent system does not apply to blacks born under slavery. Slaves were not regarded as American citizens, and the laws at that time prohibited them from applying for or holding property, including patents. 1857, the US Patent Office officially ruled that slave inventions could not be patented. 17 and18th century slave owners.
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The invention of slaves made the American economy grow rapidly. In this era, black inventors are the main contributors-although most people can't get any benefits related to their inventions because they can't get patent protection. Slave owners are often praised for their slave inventions. In a well-documented case, a black inventor named Ned invented an effective and innovative cotton scraper. His slave owner Oscar Stewart tried to apply for a patent for this invention. Because Stewart is not the real inventor, and because the real inventor is a slave, the application was rejected.
Stewart finally started selling cotton scraper without patent protection, and made a lot of money. In his advertisement, he publicly declared that this product was "the invention of a black slave", so he lied to abolish the call of black slaves, and slavery dwarfed the black people's thoughts. When did a free black man invent something?
The answer to the question of benefiting from one's own inventions is that blacks-whether free or enslaved-invented many things at that time.
One of the innovators of this Boyd bedstead (dialogue) is Henry Boyd, who was born in a slave family in Kentucky in 1802. After 1826 was freed, Boyd invented a rope bed, which connected the headboard and pedals with wooden railings.
Boyd's bedstead is very popular. The historian Carter G. Wooderson described his success in his iconic book "Black Wrong Education". "I noticed that Boyd's company finally hired 25 white and black employees."
Although Boyd recently bought his freedom and should be allowed to patent his invention, the racist reality at that time obviously convinced him that he would not be able to patent his invention. He finally decided to cooperate with a white craftsman and let his partner apply for and obtain the patent of this bed.
Some black inventors have achieved economic success, but there is no direct or indirect patent protection. Benjamin Montgomery was born in a slave country in 18 19. In 1950s, he invented a propeller suitable for shallow water steamships. This invention has special value, because during this time, steamboats transport food and other necessities through shallow channels connecting residential areas. If the ship gets stuck, life-sustaining supplies will be delayed for days or weeks.
Montgomery tried to apply for a patent. His application was rejected because of his slave status. Montgomery's owners tried to win credibility for the invention of the propeller and applied for a patent themselves, but the patent office also rejected their application because they were not the real inventors.
Even without patent protection, Montgomery accumulated a lot of wealth and became one of the richest planters in Mississippi after civil litigation. The war is over. In the end, his son Isaiah bought more than 800 acres of land and found the town of Montbayou, Mississippi after his father died.
This is the legacy of the black innovator "KDSP", and the patent system is ostensibly open to free blacks. From Thomas Jennings, the first black patent holder who invented dry cleaning in 182 1, to Norbert Lillier, a free man who invented revolutionary sugar-making technology in 1940s in 19, and to elijah McCaughey, who obtained 57 patents in his life, people who have the right to use the patent system have invented something that still affects people's lives. This legacy lasted until 2 1 century. Lonnie Johnson created more than $654.38 billion in sales with the invention of "super water gun". Since 199 1, this invention has been one of the 20 best-selling toys in the world. Johnson now holds more than 80 patents and has developed different green technologies since then.
Bishop Curry V, a 10-year-old black inventor in Texas, has applied for a patent for his invention, which he said will prevent children from accidentally dying in hot cars.
Black women are also promoting black traditional inventors. Lisa Ascolese, known as the "inventor", has obtained many patents and established the Association of Female Inventors and Entrepreneurs. In 2006, Janet Emerson Ba Sen became the first black woman to obtain a patent for software invention. Dr Hadia Green recently received a grant of 1 million dollars, and this invention may be helpful for the treatment of cancer.
Faithful to the innovative tradition of America, today's black inventors are following in the footsteps of their ancestors. Now the patent law does not actively exclude them from protecting their inventions, but is completely beneficial to the progress of the United States. We apologize for this mistake. ]
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