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Page 4 The Skanner BLACK HISTORY EDITION February 22, 2017 Black History The U.S. Has Always Had Black Inventors — Who Haven’t Always Had Patents By Shontavia Johnson, Drake University A merica has long been the land of innovation. More than 13,000 years ago, the Clovis people created what many call the “first American in- vention” – a stone tool used primarily to hunt large game. This spirit of American creativity has persisted through the millennia, through the first American patent granted in 1641 and on to today. One group of prolific innovators, however, has been largely ignored by history: Black in- ventors born or forced into American slavery. Though U.S. patent law was created with col- or-blind language to fos- ter innovation, the pat- ent system consistently excluded these inventors from recognition. As a law professor and a licensed patent attor- ney, I understand both the importance of pro- tecting inventions and the negative impact of being unable to use the law to do so. But despite patents being largely out of reach to them through- out early U.S. history, both slaves and free Af- rican Americans did in- vent and innovate. Why patents matter In many countries around the world, in- novation is fostered through a patent system. Patents give inventors a monopoly over their in- vention for a limited time period, allowing them, if they wish, to make mon- ey through things like sales and licensing. The patent system has long been the heart of America’s innovation policy. As a way to re- coup costs, patents pro- vide strong incentives for inventors, who can spend millions of dollars and a significant amount of time developing a in- vention. The history of patents in America is older than the U.S. Constitution, with several colonies granting patents years “ ing patents. In 1857, the U.S. commissioner of pat- ents officially ruled that slave inventions couldn’t be patented. Slaves’ inventions exploited by owners During the 17th and 18th centuries, America was experiencing rapid economic growth. Black inventors were major contributors during this era — even though most Slave owners often took cred- it for their slaves’ inventions before the Constitution was created. In 1787, however, members of the Constitutional Con- vention opened the pat- ent process up to people nationwide by drafting what has come to be known as 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 In- ventors the exclusive Right to their respective Writ- ings and Discoveries.” “This language gives in- ventors exclusive rights to their inventions. It forms the foundation for today’s nationwide, federal patent system, which no longer allows states to grant patents. Though the language itself was race-neutral, like many of the rights set forth in the Constitu- tion, the patent system didn’t apply for Black Americans born into slavery. Slaves were not considered American citizens and laws at the time prevented them from applying for or holding property, includ- did not obtain any of the benefits associated with their inventions since they could not receive patent protection. Slave owners often took credit for their slaves’ inventions. In one well-documented case, a Black inventor named Ned invented an effec- tive, innovative cotton scraper. His slave master, Oscar Stewart, attempt- ed to patent the inven- tion. Because Stewart was not the actual inven- tor, and because the actu- al inventor was born into slavery, the application was rejected. Stewart ultimately be- gan selling the cotton scraper without the ben- efit of patent protection and made a significant amount of money doing so. In his advertisements, he openly touted that the product was “the inven- tion of a Negro slave — thus giving the lie to the abolition cry that slavery dwarfs the mind of the Negro. When did a free Negro ever invent any- thing?” Read the rest of this story at TheSkanner.com Thank you to the sponsors of The Skanner 2017 Black History Edition Energy Trust ...........................................................3 Home Forward ........................................................7 North by Northeast ................................................8 NW Natural ........................................................... 10 OHSU Healthcare ....................................................4 Pacific NW Regional Council of Carpenters ........8 PCRI ..........................................................................4 Port of Portland .....................................................5 Portland Police Bureau .........................................3 Seattle Tunnel Partners ........................................6 Sound Transit..........................................................6 Trimet .................................................................... 12 Ron Wyden .............................................................11