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Patent Act of 1790
The Patent Act of 1790 was the first patent statute passed by the federal government of the United States. It was enacted on April 10, 1790, about one year after the constitution was ratified and a new government was organized. The law was concise, defining the subject matter of a U.S. patent as “any useful art, manufacture, engine, machine, or device, or any improvement thereon not before known or used.”〔(U.S. Patent System Celebrates 212 Years''”. ) The U.S. Patent and Trademark Office. 9 Apr. 2002〕 It granted the applicant the "sole and exclusive right and liberty of making, constructing, using and vending to others to be used" of his invention.〔(Patent Act of 1790, Ch. 7, 1 Stat. 109-112 (April 10, 1790) The First United States Patent Statute CHAP. VII. --An Act to promote the progress of useful Arts. )(a )〕
==Background==
The origins of the 1790 Patent Act can be found in House Resolution 41, which brought about a discussion concerning the constitutionality of authorizing patents of importation. House Resolution 41 is the reason for why the Patent Act of 1790 did not provide for patents of importation when it was finally passed.〔(ELDRED V. ASHCROFT (01-618) 537 U.S. 186 (2003) 239 F.3d 372, affirmed ).〕 Patent Board members, who also called themselves the “Commissioners for the Promotion of Useful Arts”,〔(Federico, P.J. ''Operation of the Patent Act of 1790'' ), 2003.〕 were given the authority to grant or refuse a patent after deciding if the invention or discovery was “sufficiently useful and important.”〔(Kolitch, Shawn. ''The Environmental and Public Health Impacts of U.S. Patent Law: Making The Case For Incorporating a Precautionary Principle'' ), 2006, p. 235.
〕 The first board members included Thomas Jefferson, Henry Knox, and Edmund Randolph. Obtaining a patent required an overall fee of about four to five dollars：filing the application cost fifty cents plus ten cents per hundred words of specification: two dollars for producing the actual patent, one dollar for affixing the Great Seal and twenty cents for endorsement and all other services.〔 The duration of each patent was assigned by the Patent Board, and could be of any length as long as it did not exceed fourteen years.〔
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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