Welcome to You Ask Andy

Carl Hansen, age 13, of Annapolis, Md., for his question:

WHEN WAS THE FIRST U.S. PATENT ISSUED?

A patent is a type of license that is issued by a government agency giving complete and full rights to an inventor is exchange far making the invention available to the public. The first patent was issued in colonial America in 1641.

It wasn't until 1790, however, that the first U.S. patent law was passed. After a number of major changes that were made in 1793 and 1836, the nation's patent laws remained in force unchanged until 1952. In that year the regulations underwent a general modernization.

The first U.S. patent regulations ware put into force by Congress on the authority that is spelled out in Article 1, Section 8 of the Constitution: Congress has the power to promote the progress of science and useful arts.

Before an inventor can get a patent, he has to tell the Patent Office just what his invention is, how it is made, what it goes and how it works. Secrecy is discouraged with this system and the information regarding the invention becomes part of the technical literature that is used by engineers and scientists in solving technical problems.

With a patent, an inventor or small company may go into a market that is dominated by large companies. Regardless of how large the competing company may be, it will not be able to copy the patented products of others without permission. Patents therefore often form the foundation for a new business.

The patent system definitely encourages new inventions and the investment of money to produce them.

A patent is given for a period of 17 years. During this time, the inventor can keep others from snaking, using or selling his invention without his consent.

The U.S. Patent office is an agency of the Department of Commerce. The commissioner of patents is appointed by the President. In the organization are many patent examiners, including engineers, chemists and lawyers.

A commission made up of the secretary of state, the secretary of war and the U.S. attorney general administered the laws that were established in the Patent Act of 1790.

Many legislative bills have changed the original patent laws. The most important of these were enacted in 1870 and 1952. They revised and codified the patent laws.

Originally the Patent office was included in the Department of the Interior. After 1925 it was transferred to the Department of Commerce.

Once a patent is issued, jurisdiction of matters that may involve infringement is out of the hands of the Patent Office and must be taken to the U.S. district courts.

Patent laws have been enacted by most countries. In order for an invention to be completely safe, it is necessary for the inventor to take out a patent in every country in which protection is desired.

 

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