How to Invent and Protect Your Invention: A Guide to Patents for Scientists and Engineers

CHAPTER 2

ORIGINS OF U.S. PATENT LAW

So from where did patents (from the Latin patere “to lay open”) originate, and how did the patent system come about?

The answer to these questions is both educational and brings our subject sharply into focus. In the final analysis, we come to the prosaic conclusion that the patent system came about mainly because of humanity's innate greed and laziness or, as some may say, “enlightened self-interest.” Greed has spawned many achievements in human history. Just think of the accidental discovery of America by Columbus, whose real purpose was to find a shorter, less expensive route than the long and dangerous Silk Road to bring expensive Indian spices to Europe. As this applies to patents, why would a person reveal a valuable secret or allow the copying of what she invented, if not for personal enrichment? Most persons expect substantial benefit to be willing to share a valuable intellectual possession with another person.

And in regard to laziness, most persons strive to discover new materials or new processes to increase their leisure time, avoid work, or improve their quality of life.

This is not to say that inventors are greedy or lazy. In fact, the personal enrichment that inventors attain through invention leads to great fulfillment. Many inventors conduct research to simply have fun, to satisfy natural curiosity, or to serve others, as well as to get paid for it. Inventions, ranging from farming equipment to new information technology, ...