The first Patent Act, passed by Congress on April 10, 1790, was America's first step in creating a patent system in America. The Secretary of State was to head a "three-man board" that also included the Secretary of War and the Attorney General "having power to grant patents" (Bedini 206). It was a "system based on the British prototype," (Bedini 206) which could be a reason for the lack of specifics in the act since Britain's law had room to be more vague as many precedents were available by this time to guide the system. However, in America there were clearly no precedents for patent cases in 1789, meaning that this board would basically have to establish exactly how they wanted this system to be. The power was in the hands of three men who clearly had many other duties, most of which were more important than the granting of patents, so it is entirely conceivable that these men could have chosen to just grant patents to nearly everyone who paid the "nominal" fees required and turned in detailed-enough descriptions and models of their inventions. However, when Thomas Jefferson became Secretary of State, the power to grant patents could not have fallen into more scrutinizing and careful hands.
Anyone who has studied American History or simply been on a tour of Monticello knows that Thomas Jefferson was much more than a great politician and superior statesman. He was also somewhat of a Renaissance man, scholarly and erudite, able to read and translate several different languages, as well as architect, farmer, and often called "inventor" (although thorough research points more to the term "engineer") of all kinds of useful gadgets as well as some powerful tools all on display in the mansion he decided and built in the Virginia countryside. Since many of Jefferson's so-called "inventions" were just adjustments to or additions to or adaptations of others inventions, which he always sought out and studied with great scrutiny, it is clear that he was a man who was probably more familiar with the concept of invention than any other government official they could have found to fill the role. He knew what was useful and what was not, what made an invention a success. But his familiarity with and interest in invention went beyond just being able to see the use in other's ideas. The country was still very new, and Jefferson saw a lot of promise in the people who had had to make it on their own and rely so much on themselves. He had very strong hopes to see an outburst of invention and creativity from his fellow citizens, in whom he had much confidence and faith.
From this perspective it seems that there could not be a more perfect man for the job than Jefferson, and that he would have been thrilled to have a position that would allow him to have a role in seeing his dreams of American invention realized. However, in the words of Silvio Bedini, "Jefferson assumed this assignment with mixed feelings" (207). His reservations with the whole idea of patents are perhaps even demonstrated by the name he gave the body, "the Board of Arts," that would more likely have been referred to as simply "the patent board" (Bedini 208). First among his problems with the system, as Jefferson was a strong proponent of equality among all people, he was not sure if it was fair or even constitutional to grant what was essentially a monopoly to an inventor who would then be able to grant the use of his idea only to those who could afford it. Inventors could keep useful tools and machines from the common people of whom Jefferson was such a protector. He often referred to patents as "embarrassments to the public," meaning that someone being given exclusive rights to something by the government for some defined period of time was somewhat of an awkward concept (Martin 42). Jefferson himself paid royalties of his own accord on an idea for a mill to a man who would never be granted a patent for his plan "as a voluntary tribute to a person whose talents are constantly employed in endeavors to be useful to mankind" (quoted in Martin 43). He thought that monopolies could also "withhold technological progress from other inventors" by keeping new technology that could spark ideas in others out of reach of those without a lot of money (Bedini 207). Also, knowing that Jefferson was the author of The Declaration of Independence from Britain not long before this time, it does not seem odd that he would have reservations about adopting any system that was modeled after the British system (Bedini 207). He did however, think that inventors should have exclusive rights to their inventions to an extent, stating that "an inventor ought to be allowed a right to the benefit of his invention for some certain time" (quoted in Martin 42). However, he believed that it was "equally certain it ought not to be perpetual; for to embarrass society with monopolies for every utensil existing, and in all the details of life, would be more injurious to them than had the supposed inventors never existed" (The Jeffersonian Cyclopedia, 679). Despite these concerns, Jefferson decided to give this new system a chance. With his acceptance of this new role, Jefferson was immediately placed in a position to shape the United States patent system.
Jefferson planned to be as fair as possible in his administration of patents and to try to make the system work for the benefit of all- both the inventors and the common man (to whom many of these new American inventions would be most useful). He believed that the fourteen year time span specified by the British and therefore by the Patent Act in the American system was too short since the United States was much bigger and people were much more spread out than in Britain, making it take much longer to spread new inventions. With this in mind, he actually pushed for inventors to have exclusive rights for a longer duration (Bedini 207). Also, he was flexible enough to become much less questioning of the constitutionality and drawbacks of the system when after only "two months after the original patent law was signed, Jefferson remarked that it had 'given a spring to invention beyond [his] conception" (Martin 43). He saw his dream of the flowering of American invention beginning to be realized.
Jefferson did not forget, however, that to be successful the system would have to work in such a way as to foster invention without making new inventions untouchable to certain people. This feeling that all should have total access to new technology was one of the reasons he never took out a patent on certain inventions that were original to him, for example, his plow. Jefferson "gave his plow away freely" and stated that he "never thought of monopolizing by patent any useful idea which happens to offer itself to [him]" (quoted in Martin 43). Jefferson thought that "inventions were among the most useful products of man's mind, and should be made available to all mankind" (Martin 43). He believed that every man should be able to use any invention as he chose, even if it was a different purpose than the one intended (Bedini 208-209). This way technology would move forward even faster as each new invention would spring more if enough people had access to it.
Jefferson was also extremely cautious that not just any patent application turned in with all the necessary information and fees would be worthy of a patent. He would have to be very strict and very careful in examining every detail of what came through the office to make sure that nothing "frivolous" was granted a patent. He believed that the "abuse of frivolous patents is likely to cause more inconvenience than is countervailed by those really useful" (The Jeffersonian Cyclopedia, 679). Luckily, since he was the head of the board, he was allowed to "discard those applications he considered impractical or frivolous," although "gradually the board was forced to develop rules and regulations concerning matters of form and substance" (Bedini 208). These rules are what inspired the board to regulate what was expected and required of the specifications and drawings and models required in the patent application. Any applications that were incomplete or completed incorrectly were immediately discarded. The existence of these forms were not recorded so no one is sure exactly how many applications were received by the board during Jefferson's tenure there.
The number of applications that were filled out correctly during the two years Jefferson was involved with the board is 114 (Bedini 209). Of these 114, it is probably true that Jefferson examined each and every one (that was not still considered frivolous) in extremely great detail, keeping his strict guidelines for what constituted invention and what did not always in mind. His conservatism as well as "the absence of a body of patent law to provide guidance" made the "process...slow and tedious," but Jefferson was no less exhaustive in his examination of all applications (Bedini 207). The first thing Jefferson looked for in an invention was its usefulness or "social benefit" (Malone 284). If it was not useful to anyone, it was not worthy of a patent to him. A patent would not be granted if the device was just a combination of two or more machines already in use, a machine that's only difference from one already established was in material or form, or if it was an established device simply put to a different use (Bedini 208-209). Again, this view explains why he did not believe any of his own inventions should be patented since many were just these kinds of to others' inventions. Of course there was a lot of gray area in these guidelines that took some time to sort out but required that more detailed and exact rules be constructed to make the process more fair and accurate, and these were being established slowly but surely.
If the invention passed all these criteria, Jefferson often insisted on testing the device himself. He did not believe that "merely reading the specifications and examining models submitted by inventors" was enough (Bedini 210). He often called in experts in whatever field the invention most related to if he did not have an exhaustive knowledge of it himself. In one rather famous case, he brought in several chemists and other members of the American Philosophical Society (of which he was himself a member) to help him test a machine whose inventor claimed would convert salt water into drinkable water. Although the idea showed promise, the patent was not granted as the device did not really work when the men tested it out (Bedini 210-211). It is obvious that not very many applications made it through this very strict and exhaustive process, and those that did were clearly deserving of the patent they received.
Though Jefferson's thorough scrutinies and careful examinations of every non-frivolous application are certainly commendable, his strict construction of the patent law made his job as head of the patent board much too time-consuming. Not only would future secretaries of state clearly not have the time for the job, they probably would not have the expertise that Jefferson had in the areas of invention and science to undertake it either. Even Jefferson frequently chose to call in experts. Considering all that he did with the patent system during his first two years in office as Secretary of State, it is easy to forget that this position and not that of head patent officer was the one he held. The only way that the perfection Jefferson sought within the patent system could even hope to be achieved was if a whole separate body of experts in the form of a new patent office with a variety of resources available to test all types of inventions thoroughly became a permanent addition to the national government. Jefferson needed to get an office like this established soon to which he could pass on his duties. He set out to do just that by writing his own new patent bill in 1791 ("to Promote the progress of the Useful Arts") in 1791 (Bedini 209).
Unfortunately for the overwhelmed Secretary of State, Congress did not pass this particular bill. It was not until 1793 that Congress finally passed a bill that accomplished the goal of giving the responsibility of patent approval to someone besides the Secretary of State. However, despite all of Jefferson's extreme efforts to make sure that each patent approved was really worthy, this law made the granting of patents a practically automatic process carried out by an administrative office. Jefferson tried to fight it, but with "the country's growing manufacturing interests" and the "support of General Washington," the granting of patents was made, according to Jefferson, "a merely ministerial act" (Bedini 210). This defeat for Jefferson can be seen in a sense as one of many signs that America was becoming industrial instead of a country made up of self-reliant yeoman farmers that he envisioned. The "extremely rigid examination of applications by high government officials" was brought "to the other extreme of having no examination at all" (Bedini 210). Clearly, however, considering that the number of fairly ridiculous patents- many of which could now possibly get passed- that were applied for before was probably only increasing, this system would not be tolerated for long.
If all that Thomas Jefferson did to "invent" the patent system and to ensure that rewards for invention were granted in a way that was fair to all and therefore to greatly further American invention was erased by this new law, then why is what Jefferson did between 1790 and 1793 important to scientists' and engineers' and inventors' thinking today? Even if his system had been forgotten, Jefferson still should be given credit for both giving American invention a large boost towards the huge extent it encompasses today. However, thankfully, there is a more tangible result of all of Jefferson's efforts. In 1836, a new patent law was established by Secretary of State James Madison that can be considered "a compromise of sorts between the strictness of Jefferson's tenure and the free-wheeling acceptance of all patent claims during the intervening years" (Malone 284). Newly formed precedents, many of which were from Jefferson's reign on the "Board of Arts," along with Jefferson's direct influence through the rules and guidelines he made were certainly used to formulate this law, which after 150 years still displays Jefferson's prominent influence (Malone 284). This law, then, is currently guiding the patent system that must be always kept in mind by all inventing scientists and engineers in their discovery processes today.
It is clear how much the patent system still inspires invention today by ensuring inventors their rights will be protected for a fair amount of time. There are without question problems with the detail of patent law today, but not as much with the basics set down in 1836. As technology has advanced, the definition of what can be patented is certainly much broader now as demonstrated by frequent reports in the news today of a much wider variety of items being patented for, even certain plants! But in every story it seems that the "inventor" cannot turn in their patent application fast enough. Also, inventors are well are of the strict requirements for these applications as well as how original their idea must be to be granted one. The part of Jefferson's strictness that remains ensures the public that they will not be subject to high costs for something that no one should have been given rights to in the first place, It also inspires engineers and inventors to challenge themselves to be as creative and unique in their ideas as they so their inventions will be considered worthy of Jefferson's idea of what makes an invention deserving of a patent.