The first United States patent was issued in 1641. Though it was the right of all American citizens under the U.S. Constitution, Black Americans were not allowed to patent their inventions and were excluded from obtaining patents. That did not stop Blacks from inventing or being innovative.
Inventors seek patents to keep others from taking and making money on their idea or invention. Patents are only given for a limited period of time to allow the inventor to make money through things–such as sales and licensing. Usually, a patent expires after 20 years, at which point others can legally make their own version of or improve on the invention.
In 1787, members of the Constitutional Convention opened up the patent process to all Americans by drafting–what is called the Patent and Copyright Clause of the Constitution. It allows Congress: “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.”
Unfortunately, slaves were not considered American citizens (at that time) and were excluded from applying for or holding property, which included patents. In 1857, the U.S. commissioner of patents officially ruled slave inventions could not be patented.
But America experienced great economic growth in the 17th and 18th centuries, and Black inventors still managed to be major contributors. However, Blacks did not receive any of the benefits or protections associated with having an invention with a patent. Slave owners often took credit for their slave’s inventions, and innovative ideas. But that did not stop Black people from inventing or free Blacks from gaining wealth from their inventions.
With the patent system supposedly open only to free Blacks, Thomas Jennings became the first Black patent holder. He invented dry cleaning in 1821.
Norbert Rillieux, a free man, invented a revolutionary sugar-refining process in the 1840s.
While Elijah McCoy acquired 57 patents during his lifetime.
Remarkably, Blacks with access to the patent system invented items that we still use today.
The legacy of successful Black inventors has continued to current times. One of the world’s greatest inventors was Dr. George Washington Carver, who taught at Tuskegee Institute for more than 47 years. Carver developed 105 peanut recipes, and also from the peanut, he made 30 cloth dyes, 19 leather dyes, 18 insulating boards, 17 wood stains, 11 wall boards, and 11 peanut flours, not to mention his many other inventions and innovations. Dr. Carver collaborated with Henry Ford, who was interested in the inventor’s development of plastic, paint, rubber, and alternative fuels.
Another great developer who said he followed in Dr. Carver’s inventing footsteps is Tuskegee-trained engineer Lonnie Johnson. Johnson developed the Super Soaker water gun, which has generated sales of more than $1 billion. Since 1991, the water gun has been one of the top 20 best-selling toys in the world. Johnson has more than 80 patents and has also developed various green technologies.
