Before the Constitution, British colonial law and custom governed patents. Inventors could appeal to their local governments to secure commercial rights to their products. The earliest of these rights was in 1641, in Massachusetts, to Samuel Winslow for his salt-making method. By the end of the 18^th century, states began passing laws for general patents rather than relying on the case-by-case system. South Carolina holds the distinction for passing the first general patent act, “An Act for the Encouragement of Arts and Sciences.”

As for federal laws, the Constitution has a provision in Article I, Section 8: “The Congress shall have 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.” This was followed by the Patent Act of 1790, which gave the right to issue patents to three figures. Only the Secretary of State, the Secretary of War, or the Attorney General could give their consent, and an applicant needed the approval of at least two before acceptance.

The Patent Act of 1790 was repealed or modified twice, once in 1793 and again in 1836. Both Acts made obtaining a patent much easier but at the cost of quality of the product being patented. It was the Act of 1836 that finally established the Patent Office and freed the Secretary of State from the overwhelming task of granting patents. Instead, a new role was created: the Commissioner of Patents.  The first commissioner was a man named Henry Leavitt Ellsworth. He was considered a forward-thinking man and early adapter to technology. Ellsworth granted patents for inventions such as Samuel Colt’s first revolver and Samuel Morse’s telegraph.

After 1836, only a few notable events occurred. A law was passed for patents to be submitted in double after a fire destroyed most of the patents, but this was dropped after the office started printing. In 1849, the Patent Office was shifted from the State Department to the Department of the Interior. It would remain there until 1925 when it was transferred to its current home of the Department of Commerce.

People began to view patents as monopolies sometime during the 1890 depression (and this viewpoint repeated itself during the Great Depression of the 1930s). To combat these fears, Senator John Sherman proposed the Sherman Antitrust Act. Designed to prevent the restriction of trade or supply that would result in monopolies, it was signed into law by President Benjamin Harrison on July 2^nd, 1890. It should be pointed out that “innocent monopolies”- i.e., ones that occurred solely through merit- were still perfectly legal.

Not much changed regarding patents until 1952, when the entire structure was overturned. The applicant now had to describe their invention and their basis for its potential infringement. Additionally, the invention had to be useful, new, and non-obvious.” It was enacted to ensure the knowledge of an area wouldn’t be limited to only a select few.

The public stance on patents became positive again through the 1980s and 1990s, helped in part by the new Court of Appeals for the Federal Circuit. This was to replace the out-dated Court of Customs and Patent Appeals. Most notably, it sought to give inventors more protections over their ideas.

The last major change was in 2011 after the Leahy-Smith America Invents Act was passed. It swapped the system from “first to invent has the rights to the patent” to “the first inventor to file has the rights.” Before its passing, the United States had been the final country to use a “first to invent” system. The AIA also added reforms to prevent interference proceedings. Currently, utlity patents last for 20 years, starting from the filing date.

With the number of new inventions and discoveries each year, it’s almost certain patent law will evolve again in the future. For now, though, the broad and storied history of the protection of ideas is secure and working hard to keep visionaries and their creations safe.

Where would we be if in 1641 Samuel Winslow didn’t appeal to the Massachusetts local government for rights to his salt-making production process?
How about the Act of 1836 that created the Patent Office, and gave the position of Commissioner of Patents to Henry Ellsworth, a forward-thinking man? As you can see from above, inventors have always had different ways of thinking. Do you know your inventor personality? You may be an everyday Edison or perhaps a dynamic or critical inventor. Take our quiz below to find out which one you are!

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People all around the world have been enjoying the thrills of roller coasters whether they are big or small for quite some time.

The oldest roller coaster dates back to the so-called “Russian Mountains,” which were specifically constructed hills of ice that were located around Saint Petersburg, Russia.

These slides were invented in the 17^th century and became very popular with the Russian upper class. In fact, Catherine II of Russia was such a fan of this idea that she had a few built on her own property.

There are disputes regarding when wheels were added to the carts for year-round operation. Some believe that the roller coaster was built under the orders of James the 3^rd in the Gardens of Oreinbaum in St. Petersburg in 1784. Other historians, however, believe that the first roller coaster was built by the French.

Les Montagnes Russes à Belleville (The Russian Mountains of Belleville) was constructed in Paris in 1812 and the Promenades Aeriennes both featured wheeled cars securely locked to the track, guide rails to keep them on course, and higher speeds.

The idea for this invention known as the roller coaster began in Europe. However, a primitive kind of roller coaster was unintentionally being invented in the state of Pennsylvania.

Near the town of Mauch Chunk, a short railroad line transported coal from the top of Mount Pisgah to the canal in the valley below. Initially, mules would draw the empty cars up the slope of the mountain and then board a special car. Once the coal was loaded, the mule train would coast down the slope toward the canal. At the time, this railway was known as a switchback and was in operation until the mine was closed in the 1870s.

The abandoned railway was then converted into a railroad of enjoyment.  The switchback railway gained popularity and in 1873, the notion to sell the idea was put in order and around 35,000 passengers paid a fee of five cents per ride. This railway carried passengers until 1938.

However, the ride that we know today was later developed and designed based on the Mauch Chunk Switchback Railway in the United States by inventor and “father of the roller coaster”, Marcus Thompson.  He was assisted by fellow inventor, John A. Miller, the “Thomas Edison of the roller coaster”.

Miller earned more than 100 patents related to coaster technology and rider safety. Thompson, however, was generally credited with having invented the United States’ first roller coaster in 1884, at a park in Coney Island, New York. Thompson built a 450-foot steel and wood track on which the cars moved at six miles per hour.  Additionally, Thompson patented his idea for the “Roller Coasting Structure” in 1885.

Aside from Thompson and Miller’s work on their version of the roller coaster, there were also a number of early roller coaster patents, both switchback and circular that date back as far as 1872. Despite these claims of Thompson and Miller bringing the idea of the roller coaster to life in Coney Island, historians believe that inventor, John G. Taylor, of Baltimore was issued one of the first patents.

In order to stay competitive, La Marcus Thompson continued to make improvements and build larger rides. From 1884 to 1887, Thompson was granted thirty patents, which all lead to the advancement of the gravity ride.

From the original idea of the roller coaster that was conceived in Russia to the invention of the first roller coaster in America, the history of this ride has had its “ups and downs” but we can credit the ingenuity of these great inventors for giving us a thrilling and exciting ride known as the roller coaster.

Copyright Davison 2013

Resources:

http://www.rollercoastermuseum.org/history-of-the-roller-coaster

http://library.thinkquest.org/C005075F/English_Version/history%20coasters.htm

Pictures:

http://www.ultimaterollercoaster.com/coasters/history/start/begin1.shtml

http://www.ultimaterollercoaster.com/coasters/history/start/america1.shtml

http://kids.britannica.com/coasters/oconeyi005p4.html

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For the first time, the basic right of an inventor to profit from his invention was recognized by law through the United States Constitution:

“Congress shall have 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.” – U.S. Constitution Article 1. Section 8.

However, the long history of the patent started before the United States Constitution was adopted. In fact, the first form of the patent was seen in medieval times.

The word patent is derived from the Latin term, ‘litterae patentes,” which means an ‘open letter.’ These open letters were commonly used by medieval monarchs to grant rights and privileges.

Henry VI granted the earliest-known English patent for an invention to John of Utynam in 1449. He was awarded a 20-year monopoly for his method of making stained glass to which he supplied the windows of Eaton College. His method had not been previously known in England. In return, John of Utynam was required to teach his style of work to native Englishmen.

Nowadays, in order to obtain a patent, the invention must be novel or in other words, new.  It also must involve an inventive step or be non-obvious and be capable of industrial application.

There are three types of patents, including utility patents, which are granted to those who invent, discover or make an improvement to any new and useful process, machine, or article of manufacture or composition matter. The second type is the design patents, which are granted to anyone who invents a new, original and ornamental design for an article of manufacture. Lastly, plant patents may be granted to anyone who invents, discovers or reproduces any distinct new variety of plant.

At Davison, we have created a Better Way to Invent that can help inventors and everyday people with their new products, ideas or inventions.

Copyright Davison 2013

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