Intellectual Property Law
 

Wacky Patents Carry On Jeffersonian Legacy
By Steve Smith

Nobody wishes more than I do that ingenuity
should receive liberal encouragement
. --Thomas Jefferson

Thomas Jefferson was a prolific inventor. In 1787 he invented a macaroni making machine. He also invented, inter alia, a swivel chair, the moldboard plow, a spherical sundial and a duplication machine. Jefferson also invented a cipher wheel that allowed people to code and decode messages. The cipher machine was later "reinvented" prior to World War I and used by the U.S. Army to encrypt messages. Many of Jefferson's agricultural and mechanical inventions are still in use today.

Jefferson also had very strong opinions about technology. He recognized the importance of innovations to the new American culture and economy. It is not surprising then that the patents were thought to be important enough to include in the U.S. Constitution. In Article 1, section 8, clause 8 one purpose of the legislature is: "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 "

Thomas Jefferson examined the first U.S. patent application as part of his duties as the first Secretary of State. According to the first Patent Act, passed by Congress on April 10, 1790, the Secretary of State was to head a "three-man board" that also included the Secretary of War and the Attorney General "having power to grant patents." Jefferson is thought to have examined about 114 patent applications during his tenure. Jefferson's framework for examination of a patent application is still in use today by the U.S. Patent and Trademark Office. According to Jefferson, an invention must be new, not obvious and useful in order to be entitled to a patent. These principles have been codified in 35 U.S.C. 102, 35 U.S.C. 103, and 35 U.S.C. 101, respectively.

The first patent was issued to Samuel Hopkins in 1790 for a device and method for producing potash, used in making soap and glass at the time. Until 1839, issued U.S. patents were not given a number. The first numbered patent issued by the U.S. Patent Office was signed by Andrew Johnson (before he became President). The Patent Office now issues nearly 90,000 patents a year.

The author Robert Routledge is reported to have said, "Every new invention, every triumph of engineering skill, is the embodiment of some scientific idea; and experience has proven that discoveries in science, however remote from the interests of everyday life they may at first appear, ultimately confer unforeseen and incalculable benefits on mankind." The "unforeseen and incalculable benefits to mankind" can be illustrated by the genius of the following 15 patents. These are some of my favorites from my archived file labeled: "Now why didn't I think of that?" Happily, two Sacramento inventors made the list.

To fully appreciate these inventions view the patents up at www.uspto.gov.

  • Patent No. 5,823,527 (Nakimats 1997) SELF DEFENSE WEAPON WITH MEMO PAD. Finally an invention that allows you to kick a** and take names.
  • U.S. Patent No. 586,025 (Gardiner 1897) COMBINED GROCERS PACKAGE GRATER, SLICER AND MOUSE AND FLY TRAP. No well appointed deli counter is without one.
  • U.S. Patent No. 4,247,283 (Vidas 1981) MUSICAL INSTRUMENT ADAPTED TO EMIT A CONTROLLED FLAME A flame throwing trumpet sure to spice up the elementary school band.
  • U.S. Patent No. 5,954,369 (Seabrook 1999) GREETING CARD WITH KIT FOR HEALTH TESTING A 50th birthday greeting card with a fecal occult blood test kit. How thoughtful!
  • U.S. Patent No. 1,926,420 (Renfro 1933) COMBINED GREYHOUND HARNESS AND RIDER SUPPORT MEANS How did they get that hat on the monkey?
  • U.S. Patent No. 5,901,666 (Belisle 1999) PET DISPLAY CLOTHING Why pay the neighbor to watch your rodents while you are away take them with you!
  • U.S. Patent No. 4,150,505 (Voelker 1979) BIRD TRAP AND CAT FEEDER "A bird trap and cat feeder for catching birds and continuously supplying neighborhood cats with sparrows to eat." Now if we could only do something about those cats
  • U.S. Patent No. 4,989,275 (Fain 1991) FLUSHABLE VEHICLE SPITOON You might be a redneck if
  • U.S. Patent No. 6,368,227 (Olson 2002) METHOD OF SWINGING ON A SWING This patent has changed the world as We now know it
  • U.S. Patent No. 3,216,423 (Blonsky 1965) APPARATUS FOR FACILITATING THE BIRTH OF A CHILD BY CENTRIFUGAL FORCE I am so glad they provided a net to catch the new baby.
  • U.S. Patent No. 4,978,948 (Samen 1990) COMBINED EARTHQUAKE SENSOR AND NIGHT LIGHT For those who have difficulty telling if all that shaking is an earthquake
  • U.S. Patent No. 256,265 (Applegate 1882) DEVICE FOR WAKING PERSONS FROM SLEEP The inventor provides a "frame when it falls will strike a light blow sufficient to awaken the sleeper " I think that Rube Goldberg invented this one first.
  • U.S. Patent No. 4,344,424 (Barmby 1982) ANTI-EATING FACE MASK Hello, Clarisse
  • U.S. Patent No. 4,101,028 (Woolbright 1978) HERB CLEANER RECORD COVER This Sacramento inventor provides a "record album cover that enables the clean, orderly removal of impurities in natural herbs " Could those impurities be seeds?
  • U.S. Patent No. 4,858,627 (Netschert 1989) SMOKERS HAT A hat worn on the head of the user while smoking "with an exhaust system for expelling filtered, deionized and optionally scented air from the hat." Jefferson felt that science and invention were an important means of advancing social progress and human happiness. In view of these patents, Jefferson would no doubt be pleased!
 
March / April 2004