1. Josiah Hernandez Basis for Patent Protection

2. Constitution Article 1, Section 8, of the U.S. Constitution states that Congress is empowered 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“ Covered by Federal law (Title 35 of U.S. Code)

3. History of US Patent System On April 10, 1790, President George Washington signed the bill which laid the foundations of the modern American patent system. The U.S. patent system was unique; for the first time in history the intrinsic right of an inventor to profit from his invention is recognized by law. Previously, privileges granted to an inventor were dependent upon the prerogative of a monarch or upon a special act of a legislature. In 1790, one Samuel Hopkins of Pittsford, Vermont, was granted the first U.S. patent, for an improvement in the making of potash (a substance derived from the ash of burned plant life and used to make soap and other items). The reviewer of this patent was Thomas Jefferson, the Secretary of State and himself an inventor, whose work area was filled with gadgets he had devised (perhaps he examined the patent on the famous portable desk that he invented in 1775). Jefferson next passed the document to the Secretary of War for his review and then obtained signatures from the Attorney General and, finally, from President Washington.

4. History of US Patent System So began something bigger than the Founding Fathers had ever dreamed. During that first year, Jefferson received two more patent applications, both of which were granted after due deliberation and signature-collecting. But sometime during 1791, as he scrutinized models and sorted through stacks of designs, Jefferson realized that patent-examining was too much for busy Cabinet members. For as little as four dollars, American inventors could seek patent protection for their inventions under provisions of the Act of 1790. And seek it they did. Jefferson found himself overwhelmed by an outpouring of American inventiveness. By 1793, patent examining duties had been reassigned to a State Department clerk, until the Patent Office was formed in 1802. Today there are more than five million patents that have been issued to Americans and other nationals by the U.S. Patent and Trademark Office.