This Day in the Law
Share
July 31

First U.S. Patent Issued (1790)


On July 31, 1790, Samuel Hopkins received the first U.S. patent for a device in "the making of Pot ash and Pearl ash by a new Apparatus and Process." President George Washington, Secretary of State Thomas Jefferson, and Attorney General Edmund Randolph all signed this first patent, which still exists in the collection of the Chicago Historical Society.

The right to promote and grant patents is defined under U.S. Constitution, Article 1, Section 8, which states that "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."

In 1790, it cost about four to five dollars to apply for a patent. Also, the fee was not paid to the government. Rather, the original patent fees were pad directly to the government employees who reviewed and granted patents. In 1790, three total patents were issued.

The first patents were also signed directly by the President, Secretary of State, and Attorney General. In fact, Secretary of State Jefferson and Attorney General Edmund Randolph called themselves the "Commissioners for the Promotion of Useful Arts." However, after a short time, Jefferson realized that it would become too time consuming to review and sign on each newly granted patent. So, he helped to promote a new patent office to oversee patent applications.

Today, the United States Patent and Trademark Office oversees the U.S. patent application process and has issued more than 6 million patents since 1790. Most patents can be viewed at www.uspto.gov.