The United States Patent Act of 1790 was an important milestone in the history of innovation and invention. It granted exclusive rights to inventors to their creations for a limited time, creating a framework in which inventors could bring progress to the world. However, African Americans were unable to obtain a patent for their inventions due to practical legal barriers. The earliest Black inventors in the United States were excluded from obtaining patents as both free and enslaved Blacks were not considered American citizens. Hence, the rights and provisions of the Constitution did not extend to them.
Black people were not considered American citizens, therefore became ineligible for patent protection under the rules of the time. Moreover, state laws prohibited Black slaves from owning any kind of property, including patents. The Dred Scott opinion of 1857 made things worse, establishing that Black Americans could not be citizens, effectively excluding free Blacks from the patent system.
The Dred Scott is one of the most well-known legal cases in American history, influencing the political and social landscape of the country for centuries to come. The case’s implications for African Americans were profound and far-reaching, as it helped lay the foundation for the Civil War that would occur just a few years later. This unfortunate situation meant that when African Americans create something unique and innovative, they could not claim ownership of their intellectual property.
The consequences is that inventions by African Americans could be stolen or claimed by non Blacks. Even after the Dred Scott opinion was superseded by the Thirteenth and Fourteenth Amendments after the Civil War, the economic and educational conditions that many Free Blacks faced made it challenging to capitalize on the incentives and opportunities offered by the U.S. patent law.
Many Free Black inventors could not afford to patent their inventions, some could not afford the steep costs, and others were denied legal assistance. Some even resorted to concealing their race from the patent office or using white partners as proxies to avoid discrimination. The economic and educational conditions faced by free blacks were not conducive to pursuing the opportunities that U.S. patent law provided.
It wasn’t until 31 years after the patent law act that Thomas Jennings became the first Black inventor to receive a U.S. patent in 1821. His patent was for a dry cleaning method. Also, it took until 78 yrs before Martha Jones became the first known Black woman inventor to receive a U.S. patent in 1868. Her invention was an “Improvement to the Corn Husker, Sheller.”
Before Dred Scott, there were some notable African American innovators who received patents for their inventions. Among these pioneers were Thomas Jennings, who patented a method of “dry scouring” clothes, and Robert Benjamin Lewis, who designed a machine for “dressing flax and hemp” and a brush for whitewashing, to name just a few of his creations. Additionally, Henry Blair made history as the second African American to receive a patent for his inventions, which included a seed planter and a cotton-planter.
Despite these obstacles, many African American inventors made significant contributions to the field of innovation. Gradually, changes began to take effect, leading to the “golden age” of African American innovation and invention in the late nineteenth and early twentieth centuries. Some of these breakthrough included Anna M. Mangin invention of ‘pastry fork’ in 1891. For instance, a 10 yrs earlier invention of the Carbon Filament Light Bulb (Electric Light) by Lewis Latimer in 1881 saw him apply for a patent but using a White partner as proxies.
In conclusion, the US Patent Act opened up possibilities for American inventors to own the fruits of their intellectual labour, but African Americans faced legal, economic, and educational barriers to obtaining the benefits of the patent system. It took a century for a Black inventor to obtain a U.S. patent free of racial sentiment while permitting numerous inventions by African Americans to be claimed by others. Despite these challenges, African American inventors made valuable contributions to the world of innovation, and their legacy remains an invaluable part of American history.
The journey towards an inclusive patent system has come a long way. The contributions of African American inventors to the U.S. Patent system were impeded for a long time, and it is essential to recognize and appreciate these African Giant achievements.
