Origins Of U.S. Patent Law

• Author: Joseph P. Kennedy/Wayne H. Watkins/Elyse N. Ball (With)
• Profession: Distinguished Professor of Polymer Science and Chemistry at The University of Akron/Associate Vice President for Research at The University of Akron/Project Manager for the University of Akron Research Foundation
• Pages: 7-11

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 per-

sonal enrichment that inventors attain through invention leads to great fulfill-

ment. Many inventors conduct research to simply have fun, to satisfy natural

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

First Edition. Joseph P. Kennedy and Wayne H. Watkins with Elyse N. Ball.

© 2012 John Wiley & Sons, Inc. Published 2012 by John Wiley & Sons, Inc.

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