Did America ignore British patents during Industrialization

Did America ignore British patents during Industrialization

I remember reading a Noam Chomsky book where he stated that America simply stole British patented ideas, claiming that British laws did not apply to her. Chomsky's argument was that America is criticizing China for the same thing America did when it was industrialising. I was wondering if there is any truth to this. If so, could someone provide me with a link please.

The phrasing is a bit unfair, I think (and probably a misquote, as it turns out). The first important international patent agreement didn't exist until 1883, and the United States signed on 4 years later. Before that, all countries were free to discriminate against foreigners in patent applications. Even with that agreement, a person wanting patent protection in a member country had to file for it in that country. Thus the USA did still "ignore" British patents, just as the British ignored USA patents. There's nothing unique about the United States in this regard. It wasn't until 1970 that there was such thing as an International Patent

Now it may be true that the 1880's roughly coincides with the period of industrialization in the USA, but only at the very beginning of it. A person could argue that the USA joining the patent convention was a sign of its industrialization starting to, er, pick up steam. Before that, things were just not progressing on a scale where patents were an issue. In 1870 there were only about 100,000 US patents in place. By 1911 this had grown to over a million.

Now China is currently a signatory to both the agreements I mentioned above. As such their citizens, in theory at least, enjoy the benefits if they patent something.

Note that if you go back further in history, patents and copyrights were originally merely favors The King bestowed upon his favorites to help them prosper, regardless of who actually first invented/wrote the thing in question. In that environment, it would have been entirely appropriate for a patent or copyright to be ignored outside the issuing country. The general public having access to them on some kind of a merit basis is a relatively modern development.

It is possible that somebody is confusing the situation with Copyright, where the USA did have a bit of a piratical history.

10 Major Inventions of the Industrial Revolution

The Industrial Revolution was a period of major industrialization which began in Great Britain in the mid-18th century and spread to other European countries, including Belgium, France and Germany, and to the United States. It is regarded as a major event in history which ushered in the modern era in which we live. The driving force behind the Industrial Revolution was the inventions and innovations which continuously fuelled the event by providing better and better means to increase productivity, develop new processes and enhance distribution. Innovations like the spinning jenny, water frame and power loom transformed the cotton industry, which was the biggest driver of the revolution James Watts’ steam engine powered locomotives and ships to revolutionize transportation the telegraph changed the face of communication and laid the base for future innovations of telephone, fax machine and the Internet and the light bulb stimulated a lighting industry that quickly spread through cities and towns across the world. Here are the 10 most important innovations and inventions of the industrial revolution.

Timeline of the Industrial Revolution

The Industrial Revolution took place from the eighteenth century up until the mid-nineteenth century, marking a process of increased manufacturing and production which boosted industry and encouraged new inventions ad innovations.

Headquarters of the East India Company, London, 1828

1600- The formation of the East India Company. The joint-stock company would later play a vital role in maintaining a trade monopoly that helped increase demand, production and profit. The company helped Britain compete with its European neighbours and grow in economic and trading strength.

1709- Abraham Darby leases the furnace which he successfully uses for the first time. Darby was able to sell 81 tons of iron goods that year. He would become a crucial figure in industry, discovering a method of producing pig iron fuelled by coke rather than charcoal.

1712- Thomas Newcomen invents the first steam engine.

1719- The silk factory is started by John Lombe. Located in Derbyshire, Lombe’s Mill opens as a silk throwing mill, the first successful one of its kind in England.

1733- The simple weaving machine is invented by John Kay known as the Flying Shuttle. The new invention allowed for automatic machine looms which could weave wider fabrics and speed up the manufacturing process.

1750- Cotton cloths were being produced using the raw cotton imported from overseas. Cotton exports would help make Britain a commercial success.

1761- The Bridgewater Canal opens, the first of its kind in Britain. It was named after Francis Egerton, 3rd Duke of Bridgewater who commissioned it in order to transport the coal from his mines in Worsley.

1764- The invention of the Spinning Jenny by James Hargreaves in Lancashire. The idea consisted of a metal frame with eight wooden spindles. The invention allowed the workers to produce cloth much quicker thus increasing productivity and paving the way for further mechanisation.

1764- Scottish inventor James Watt is commissioned to carry out repairs to a Thomas Newcomen steam engine and quickly recognises ways that it can be modified to operate much more efficiently. By changing the way the cylinder was heated and cooled the amount of coal used in heating the water to produce the steam could be reduced by more than 60%.

1769- James Watt was granted his first British patent (No. 913) for the unique design of his new steam engine. To quantify the enormous power of his new engines, James Watt also invented a new unit of measurement: The Horsepower. James Watt’s steam engines would literally set the world in motion… through the introduction of steam powered railway locomotives and steam ships… transportation would be completely revolutionised. His steam engines would also go on to power the new mills that were starting to appear in the Industrial North.

1769- The yarn produced by the new Spinning Jenny was not particularly strong but this soon changed when Richard Arkwright invented the water frame which could attach the spinning machine to a water wheel.

1774- The English inventor Samuel Crompton invented the Spinning Mule which would combine the processes of spinning and weaving into one machine, thus revolutionising the industry.

1779- The inventor Richard Arkwright became an entrepreneur and opened a cotton spinning mill using his invention of the water frame.

1784- The ironmaster, Henry Cort came up with the idea for a puddling furnace in order to make iron. This involved making bar iron with a reverberating furnace stirred with rods. His invention proved successful for iron refining techniques.

1785- The power loom was invented, designed the previous year by Edmund Cartwright, who subsequently patented the mechanised loom which used water to increase the productivity of the weaving process. His ideas would be shaped and developed throughout the years in order to create an automatic loom for the textile industry.

1790- Edmund Cartwright produced another invention called a wool combing machine. He patented the invention which arranged the fibres of wool.

1799- The Combination Act received royal assent in July, preventing workers in England collectively bargaining in groups or through unions for better pay and improved working conditions. In the same year, on the 9th October a group of English textile workers in Manchester rebelled against the introduction of machinery which threatened their skilled craft. This was one of the initial riots that would occur under the Luddite movement.

1800- Around 10 million tons of coal had been mined in Britain.

The Trevithick locomotive

1801- Richard Trevithick, a mining engineer and inventor drove a steam powered locomotive down the streets of Camborne in Cornwall. He was a pioneer of steam-powered transport and built the first working railway locomotive.

1803- Cotton becomes Britain’s biggest export, overtaking wool.

1804- The first locomotive railway journey took place in February, the Trevithick invention successfully hauled a train along a tramway in Merthyr Tydfil.

1811- The first large-scale Luddite riot took place in Arnold, Nottingham resulting in the destruction of machinery.

1812- In response to the riots, Parliament passed a law making the destruction of industrial machines punishable by death.

1813- In a one day trial, fourteen Luddites were hanged in Manchester.

1815- Cornish chemist Sir Humphrey Davy and English engineer George Stephenson both invented safety lamps for miners.

1816- The engineer George Stephenson patented the steam engine locomotive which would earn him the title of “Father of the Railways”.

1824- The repeal of the Combination Act which was believed to have caused irritation, discontent and gave rise to violence.

1825: The first passenger railway opens with Locomotion No.1 carrying passengers on a public line.

1830- George Stephenson created the first public inter-city rail line in the world connecting the great northern cities of Manchester and Liverpool. The industrial powerhouse and landlocked city of Manchester could now quickly access the world through the Port Of Liverpool. Cotton arriving from plantations in America would supply the textile mills of Manchester and Lancashire, with the finished cloth returned to Liverpool and exported throughout the British Empire.

1833- The Factory Act is passed to protect children under the age of nine from working in the textile industry. Children aged thirteen and over could not work longer than sixty nine hours a week.

1834 – The Poor Law was passed in order to create workhouses for the destitute.

1839- James Nasmyth invents the steam hammer, built to meet the need for shaping large iron and steel components.

1842- A law applied to miners, banning children under the age of ten as well as women from working underground.

1844- The law states children younger than eight are banned from working. In the same year Friedrich Engels publishes his observations of the impact of the industrial revolution in “The Condition of the Working Class in England”.

1847- New law stating limited working hours of women and children in textile factories to ten hours a day.

Manchester – ‘Cottonopolis’ – in 1840

1848- The impact of industrialisation and creation of cities leads to a cholera epidemic across towns in Britain.

1851-Rural to urban migration results in over half the population of Britain now residing in towns.

1852- The British shipbuilding company Palmer Brothers & Co opens in Jarrow. The same year, the first iron screw collier, the John Bowes is launched.

1860- The first iron warship, HMS Warrior is launched.

HMS Warrior, now a museum ship in Portsmouth

1867- The Factory Act is extended to include all workplaces employing more than fifty workers.

1868- The TUC (Trade Unions Congress) is formed.

1870- Forster’s Education Act which takes the first tentative steps at enforcing compulsory education.

1875- New law prohibited boys from climbing chimneys to clean them.

1912- The industry of Great Britain reaches its peak, with the textile industry producing around 8 billion yards of cloth.

1914- World War One changes the industrial heartlands, with foreign markets setting up their own manufacturing industries. The golden age of British industry has come to an end.

The sequence of events placed Britain as a major player on the global stage of trade and manufacturing, allowing it to become a leading commercial nation as well as marking a huge turning point in Britain’s social and economic history.

Jessica Brain is a freelance writer specialising in history. Based in Kent and a lover of all things historical.

A Brief History of the Patent Law of the United States

Public perception of the patent system has swung widely over the years from highs, such as those in the late nineteenth century when Mark Twain could write “a country without a patent office and good patent laws was just a crab and couldn’t travel anyway but sideways or backwards,”[1] to lows in the mid-twentieth century when it could be written “the only patent that is valid is one which this [the Supreme] Court has not been able to get its hands on.”[2] The value and philosophical basis underpinning the patent system has been a matter for debate over the years.

Patent Systems in the Medieval Era

In the medieval era, the grant of exclusive rights “monopolies” by the sovereign had been a convenient way in which the sovereign could raise money without the need to resort to taxation. Such grants were common in many European countries. Some of these, for example, in mining regions or textile production, seem to have had a relation to innovations. Although there seems to have been an earlier law directed specifically at inventions relating to the manufacture of silk, the first law providing for the grant of exclusive rights for limited periods to the makers of inventions in general as a deliberate act of economic policy seems to have been in Venice in 1474. It does not seem coincidental that this occurred during a long war between Venice and the Turks during which Venice lost most of its trading empire in the Eastern Mediterranean and consequently had to refocus its economy on manufacture rather than trade. Indeed, as Venice’s domination of trade with the East weakened, it adopted a number of measures to establish and maintain a preeminence in manufacture, including laws prohibiting emigration of skilled artisans and the export of certain materials, while at the same time encouraging the immigration of skilled workers from other countries, for example, by a tax holiday for two years after their arrival in Venice.

Towards the end of Elizabeth’s reign, the English courts, probably at least to some extent noting developments on the Continent, started to restrict the rights of the sovereign to grant monopolies, unless they were for the introduction of a new industry to the country.[3]

In 1624 as part of the skirmishing between Parliament and the Crown leading up to the English Civil War, the English Parliament passed the Statute of Monopolies. This had the effect of limiting the power of the Crown to grant monopolies to making such grants only to inventions for limited periods (14 years — the duration of two training periods for craft apprentices) and most importantly only for “manners of new manufacture” that were introduced into the realm by the recipient of the monopoly. Such grants were, however, conditioned on their not being “mischievous to the state” (for example, by raising prices of commodities) or “generally inconvenient.”

As noted above, the original English approach, which was followed in the American Constitution, was to place emphasis on the advantage to society as a whole of developing new inventions. Section 1 of the French patent law of 1791 took a somewhat different approach: “All new discoveries are the property of the author to assure the inventor the property and temporary enjoyment of his discovery, there shall be delivered to him a patent for five, ten or fifteen years.” The emphasis here was on the inventor having property in his discovery — an emphasis on the rights in the invention rather than on the benefits to society. Today, this approach is of limited importance in the patent field, but it is still significant in the area of copyright, where the Anglo Saxon approach is focused heavily on the bundle of economic rights associated with control over whether others are entitled to copy a work, whereas the French approach focuses more heavily on the moral rights of authors — underscored by the fact that the word generally used as the French translation of the word “copyright” is “droit d’auteur” (literally “author’s rights”).

Modern thinking on the rationale for a patent system effectively sees this as a contract between the invention and society at large. This was well expressed in a report to the French Chamber of Deputies in the debates preceding adoption of the French Patent Law of 1844 (a law that remained in effect with little change up to the 1960s):

Every useful discovery is, in to Kant’s words “the presentation of a service rendered to Society.” It is, therefore, just that he who has rendered this service should be compensated by Society that received it. This is an equitable result, a veritable contract or exchange that operates between the authors of a new discovery and Society. The former supply the noble products of their intelligence and Society grants to them in return the advantages of an exclusive exploitation of their discovery for a limited period.

As Abraham Lincoln once put it, “The Patent System added the fuel of interest to the fire of genius.”

This paper attempts to summarize the way in which the patent system has developed in the United States, noting the different attitudes that have prevailed at different times and the effects they have had on development of the patent law.

The United States Constitution, on which U.S. Patent Law depends, was drafted at the height of the Industrial Revolution at a time when the impact of patents was first being seriously felt in England.[4] Interestingly, while the Constitution was being drafted in Philadelphia, the Constitutional Convention apparently adjourned one afternoon to watch John Fitch’s steam boat undergo trials on the Delaware River. A pro-patent climate endured in the United States through much of the nineteenth century leading to the comments by President Lincoln and Mark Twain noted above.[5] However, the last two decades of the nineteenth century and the twentieth century have seen a number of climate changes.

In the last two decades of the nineteenth century there was a period of economic depression and increasing concern about the power of “big business” leading to the passage of the Sherman Antitrust Act in 1890. This climate was reflected in the patent field by an increasing tendency of the courts to hold patents invalid. By the late 1890s, the Depression had run its course, and patents came back into favor with the reviving economy.

In general, the twentieth century has seen a dynamic interrelationship between the patent system and the application of antitrust laws. Although the first antitrust law, the Sherman Act, was enacted in 1890, the courts did not start to give it teeth until Theodore Roosevelt‘s administration (1901-1909). It was not until the 1930s that the patent system started to come under attack, being viewed as assisting in the maintenance of monopolies that were seen as being at least a contributing factor to the economic misery of the thirties. This skepticism about the patent system survived World War II and blossomed again in the depressed economic conditions of the 1970s, a period of strong anti-trust enforcement.[6]

In the early 1980s, the thinking of the Chicago School of economists came to the fore, and with the election of President Reagan, enthusiasm for antitrust enforcement went out of fashion. At about the same time, the Court of Appeals for the Federal Circuit was created at least in part to remedy a scandalous disarray between the regional circuit Courts of Appeal in dealing with patent cases. The new court initially seemed pro-patent in its attitude, which resulted in a generally more favorable attitude to the value of patents throughout American business.[7] One manifestation of this change has been the court’s assertion that the patent statute means what it says when stating that “[a] patent shall be presumed valid.”[8] The court has held that anyone challenging the validity of a patent needs “clear and convincing” evidence to succeed.[9] This contrasts with the normal standard of proof in civil cases in which a party asserting a cause need only establish his case on the balance of probabilities. On the other hand, more recently, decisions of the court have cautioned against giving too wide an interpretation to patents and reiterated the importance of the public having a clear understanding of what does or does not fall within the ambit of any given patent. [*See, for example, Nautilus, Inc. v. Biosig Instruments, Inc. 134 S.Ct. 2120 (2014) *] Thus, over the past two decades patents have been back in favor, but the pendulum will probably swing again.

The earliest grants of a patent for an invention in what is now the United States seems to have been by the Massachusetts Bay Colony in the 1640s. Although pre-independence patent custom in the American colonies owes much to the English Statute of Monopolies of 1624, which restricted the right of the Crown to grant monopolies so that henceforth they could be granted only for a limited period and only for manners of new manufacture,[10] the Statute of Monopolies was never made directly applicable to the American colonies.[11] During the period of the Confederation, after independence had been achieved but before the adoption of the Federal Constitution of the United States, most of the states had their own patent laws, although only that of South Carolina specifically set out a provision granting inventors an exclusive privilege of using their new machines for a defined period (14 years). However, as noted by James Madison in the Federalist, “the States cannot separately make effectual provision” for the protection of invention and so in drafting the Constitution of the United States, responsibility for providing such protection was entrusted to the Congress of the United States.

The constitutional basis for federal patent and copyright systems is to be found in the Constitution of the United States, Article 1, Section 8, clause 8 which states:

Congress shall have power … 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.

Federal Patent Laws Have Existed since 1790

The first United States Patent Act, that of 1790, was a short act of seven sections only entitled, “An Act to promote the progress of useful Arts.”[12] Under its terms, any two of the Secretary of State, the Secretary of War, and the Attorney General were empowered to grant patents for terms of up to fourteen years for inventions that were “sufficiently useful and important” provided that the grantee submitted a specification describing the invention (and where appropriate, a model thereof) to the Secretary of State at the time of the grant.

In 1793, this act was repealed and replaced by a slightly longer act, the drafting of which is largely attributed to Thomas Jefferson, who was at the time Secretary of State and therefore intimately involved in the administration of the 1790 Act. The 1793 Act is notable for its definition of what constitutes patentable subject matter in the United States, which definition is almost unchanged up to now:

any new and useful art, machine, manufacture or composition of matter, or any new and useful improvement on any art, machine, manufacture or composition of matter. [13]

A short description had to be filed with the application. However, before grant could occur it was necessary to submit “a written description of [the] invention, and of the manner of using, or process of compounding the same, in such full, clear and exact terms, as to distinguish the same from all other things before known, and to enable any person skilled in the art or science, of which it is a [part], or with which it is most nearly connected, to make, compound, and use the same.”[14] Another notable feature of the law was its early recognition that one patent might have a dominating effect over another and it specifically set out the principle that securing a patent on a particular improvement of a previously patented invention did not give the patentee of the improvement patent any right to use the invention that was the subject of the original patent or vice versa.[15] However, the only examination of the application was a purely formal one.

Rights to patents under the 1793 Act were confined to citizens of the United States.

The 1793 Act was amended in 1800 to allow foreigners who had been resident in the United States for two years to obtain patents, subject to them making an oath that the invention in question had not to their knowledge or belief been known or used previously in the United States or abroad. This act also provided for the first time the possibility of an award of treble damages for patent infringement.

What was meant by the term “new” in the early statutes varied somewhat, but after 1800 the courts considered simply whether the invention was known before the date on which the applicant for a patent claimed to have made his or her invention.[16] In 1829, the Supreme Court in the case of Pennock v. Dialogue[17] recognized the potential dangers of such an approach which enabled the inventor to delay filing a patent application until competition was imminent and construed the statute so as to create a statutory bar to deny patent protection to one who had previously publicly used his invention.

In 1832, a new act expanded the category of potential patentees to cover all resident aliens who had declared an intention to become citizens of the United States, provided however, that any patents granted to this class of patentee become void if they did not work the invention publicly in the United States within one year of grant. It also became possible to obtain reissue of a patent to correct errors in it.[18]

In the same year, the Supreme Court in Grant v. Raymond[19] made it clear that failure to provide an adequate description of the invention was a defense which a defendant might use when sued for patent infringement, it being held that

as preliminary to a patent, a correct specification and description of the thing discovered [was required]. This is necessary in order to give the public, after the privilege shall expire, the advantage for which the privilege is allowed, and is the foundation of the power to issue a patent. …

A major review of the law was undertaken in 1836 in response to complaints about the grant of patents for things that lacked novelty. Under this revision, the Patent Office was set up as part of the State Department and a specification had to be submitted to it and be examined for novelty before a patent would be granted. As a consequence, the provision of the 1793 Act requiring the inventor to distinguish his invention from the prior art was expanded to require the applicant to “particularly specify and point out the part, improvement, or combination, which he claims as his own invention or discovery.”[20] This provision is the antecedent for modern claim drafting worldwide. Other features of the 1836 Act were to codify the law relating to statutory bars,[21] to clarify the law relating to cases of conflict between competing applications, and to provide a mechanism for establishing this.[22] The Act also provided for the possibility of obtaining a seven-year extension to the basic fourteen-year term in certain circumstances. The 1836 Act also finally removed all limitations on the nationality or residence of those who could obtain United States patents. However, it did not end all discrimination on this score. U.S. citizens or residents intending to become citizens were charged $30.00, British subjects were charged $500.00, and all other foreigners $300.00.[23]

In 1839, the law was amended to provide for a grace period (of two years) for publication or use of the invention by the applicant before filing his or her patent application.[24] The Act also provided for an appeal from rejection of a patent application by the Patent Office to the Chief Justice of the District of Columbia.[25]

In 1842, a statute was passed to provide for the grant of patents for “any new and original design for a manufacture…or… for the printing of…fabrics…” [*Revised Statutes, Section 4929 *] However, the right to obtain a patent for such a design was confined to U.S. citizens or residents who were intending to become citizens.

In 1849, responsibility for the Patent Office was transferred from the State Department to the Department of the Interior.

The next major step forward was the introduction of the concept that to be patentable an invention not only had to be new and useful, but also non-obvious. This change was effected by the courts rather than by statute, notably in the Supreme Court case of Hotchkiss v. Greenwood.[26]

In 1861, a number of amendments were made. Among the more important were: the appointment of three examiners-in-chief to hear appeals from the primary examiners of any application that had been rejected twice[27] the changing of the term of a utility patent to seventeen years from the date of grant[28] and the provision of terms of three and a half, seven, or fourteen years for design patents at the choice of the applicant. Other features of the 1861 revision provided for the printing of copies of the description and claims of patents and a requirement that to secure damages for patent infringement either the patented article had to be marked as such or the infringer had to have been given notice in some other way of the existence of the patent.

The 1836 Act had provided that the applicant had the right to amend his or her specification if the Patent Office raised objections to it. In 1864, the Supreme Court imposed limits on this right to amend, thereby forming the basis for the present rule that no new matter may be added during prosecution of an application.[29]

In 1866, the Supreme Court, in the case of Suffolk Mfg. Co. v. Hayden,[30] laid the foundation for the modern doctrine of double patenting by holding that where the same inventor held two patents for the same invention, the second one was void.

In 1870, the legislation relating to patents was consolidated into a single act but without many significant amendments as to substance. Among the changes that were made were the following: removal of the requirement that if a patent had been granted abroad a U.S. application had to be filed within six months and replacement by a provision that the U.S. patent must expire at the same time as the foreign patent, subject to a maximum term of seventeen years from the grant of the U.S. patent codification of a requirement that the specification described the best mode known to the applicant for “applying the principle” of his invention set up a mechanism for resolving disputes as to who had first invented a particular invention (by creating the post of an “examiner in charge of interference”). It was also made clear that any public sale or use of the invention before the start of the two-year grace period was destructive of novelty irrespective of whether that sale or use was by the applicant for the patent.

The 1870s and 󈨔s were a period in which many international organizations were created. Among them was the Paris Convention for the Protection of Industrial Property which came into being in 1883 and which the United States joined in 1887.[31] Its most important provision was to give applicants who were nationals or residents of one member state the right to file an application in their own country and then, as long as an application was filed in another country that was a member of the treaty within a specified time, to have the date of filing in the home country count as the effective filing date in that other country.[32]

The 1890s saw two developments that, while not directly applicable to patents, had a significant effect on the development of patent law: passage of the Sherman Act in 1890 forming the basis for antitrust law and passage of the Evarts Act in 1891 creating the Circuit Courts of Appeals. In 1893, appeals from the Patent Office were transferred to the newly created Court of Appeals for the District of Columbia.[33]

In 1897, some of the statutory bars to the grant of a patent were revised: 1) if a foreign patent had already been granted, a U.S. application had to be made within seven months of filing of the foreign patent[34] and 2) it was made clear that prior knowledge or use was only a bar if it occurred in the United States before the applicant had made his invention.

In 1925, responsibility for the Patent Office was transferred to the Department of Commerce and Labor.

In 1929, appellate review of decisions of the Patent Office was transferred from the Court of Appeals for the District of Colombia to the newly created Court of Customs and Patent Appeals.

In 1930, the Plant Patent Act provided for the possibility of patent protection for asexually reproduced plants.

The 1930s and 󈧬s (i.e., during the Depression and World War II) were a period in which the courts were generally not sympathetic to patents. Indeed in 1941, in Cuno Engineering Corp. v. Automatic Devices Corp.,[35] the Supreme Court suggested that to be patentable an invention “must reveal the flash of creative genius, not merely the skill of the calling.”

In 1939, the two-year grace period that had existed since 1839 with respect to some statutory bars was reduced to one year on the ground that “under present conditions 2 years appears unduly long and operates as a handicap to industry.”[36]

In 1940, the duration of the grace period relating to acts of prior use or prior publication by the inventor which were to be excused as novelty-destroying acts was reduced from two years to one.

In 1946, the law was amended to overrule the Supreme Court’s decision in Electric Storage Battery v. Shimadzu,[37] which had applied the U.S. law’s “first-to-invent” principle on a world-wide basis. The statute confined the first-to-invent principle to situations where evidence of the invention could be found in the United States.

The basic structure of the present law was adopted in 1952.[38] The two major changes made at that time were to include in the statute for the first time a requirement that to be patentable an invention had not only to be novel, thereby codifying a century of case law, but had to include a definition of infringement, which had hitherto been left to the courts.[39] Other changes included a minor change in the definition of what constituted patentable subject matter by replacing the eighteenth century word “art” by “process” an express statement that when an invention involved a combination of elements it was possible to define such elements in functional terms (i.e., as a “means for” doing something)[40] a relaxation of the formalities relating to applications by joint inventors and where an inventor cannot be found or refuses to apply for a patent even though bound by contract to do so imposed a maximum time limit of two years within which to request reissue of a patent with broadened claims abrogated the common law rule that a patent could not be partially valid, and permitted actions to proceed on the basis of valid claims even if there were invalid claims in the same patent.

Since 1952, the law has been amended several times and has continued to develop by way of case law. Changes were relatively infrequent prior to the establishment of the Court of Appeals for the Federal Circuit in 1982. The increased interest in the patent system that at least in part led to the creation of this court also resulted in an increased rate of change in the law. In part, this has come from decisions of the new court, and the occasional intervention by the Supreme Court other changes have come through legislation. The creation of the Federal Circuit Court of Appeals has, if nothing else, led to a more coherent body of law than existed previously. In its first decade, the court seemed to focus heavily on issues of patent validity and to reverse the perception that had existed in the 1970s that few patents that came before the court were likely to be upheld. In its second decade, the perception was that, having established that patents needed to be taken seriously, the court’s focus shifted to try to ensure that the protection given by any one patent was not overly broad compared to the significance of the invention that had been made.

Legislative developments up to the mid 󈨞s came largely to deal with specific and relatively minor issues that arose either as a result of case law or particular developments in the economy, most notably in the compromise reached in 1984 to make it easier to obtain approval from the U.S. Food and Drug Administration (FDA) for the sale of generic drugs after a patent had expired in return for the possibility of obtaining an extension to the term of a patent for a pharmaceutical invention to compensate the original inventor for the delays in marketing to which the original manufacturer had been subject while waiting for FDA approval.

In 1994, a new trend started, at least in part as a result of renewed attempts at globalization of the patent system. In 1994, the law was amended to comply with a new international agreement that had been grafted onto the Uruguay Round of amendments to the General Agreement on Tariffs and Trade (GATT). This agreement, commonly known as TRIPS (Trade Related aspects of Intellectual Property rightS), imposed certain minimum standards in patent protection on all member countries. This required changes in U.S. law relating in particular to the minimum duration of a patent and to prevent discrimination between the protection of inventions made in the United States and those made elsewhere. Further changes made in 1999 were also guided by international norms and were at least in part the result of a bilateral agreement with Japan in which both countries agreed to remove some of the features of their patent system that the other found objectionable.

Some of the major changes that have been made since 1952 are as follows:

  • 1954 Provisions relating to plant patents were amended to make it clear that cultivated sports, mutants, hybrids, and newly found seedlings were patentable.
  • 1964 Commissioner given the power to accept a declaration in lieu of an oath in “any document” and to give provisional acceptance to a defective document. 35 U.S.C. §§ 25 and 26.
  • 1965 Presumption of validity applied independently to each claim of a patent. 35 U.S.C. § 282.
  • 1966 Supreme Court decision in Graham v. John Deere[41] set out the proper test for deciding whether or not a claimed invention is obvious.
  • 1970 Patent Cooperation Treaty (PCT) signed.
  • 1971 Supreme Court decision in Blonder-Tongue v. University of Illinois[42] held that once a patent had finally been held to be invalid after full and fair litigation, that finding could be used as a defense in subsequent litigation on that patent even if the parties differed.
  • 1975

1. Name of the “Patent Office” changed to the “Patent and Trademark Office.”
2. Amendments to accommodate the PCT. 35 U.S.C. §§ 102(e), 104, 351-376.
3. Liberalized the law regarding the writing of claims in multiply dependent form. 35 U.S.C. § 112.

  • 1977 European Patent Office founded.
  • 1978 Patent Cooperation Treaty entered into force.
  • 1980

1. Requirement to pay maintenance fees to keep patent in force introduced. 35 U.S.C. § 154.
2. Special provisions made for inventions made with Federal assistance. 35 U.S.C. §§ 200 – 211.
3. Provision made for third parties to cite prior art to the Patent and Trademark Office. 35 U.S.C. § 301.
4. Possibility of requesting reexamination created. 35 U.S.C. § 302.
5. United States rebuffs attempts by developing countries to amend Paris Convention to permit exclusive compulsory licensing.
6. Supreme Court upholds the patentability of a genetically engineered bacterium quoting the Congressional report leading up to the 1952 Act that “anything under the sun that is made by man” should be patentable.[43]

1. Applications permitted to be filed without signature by the inventor as long as the inventor had authorized the application to be filed. 35 U.S.C. § 111.
2. Law relating to correction of wrongly named inventors liberalized. 35 U.S.C. § 116.
3. Court of Appeals for the Federal Circuit created. 35 U.S.C. § 141, 28 U.S.C. § 1295.[44]
4. Term of all design patents fixed at fourteen years from grant. 35 U.S.C. § 173.
5. Arbitration of disputes relating to patent infringement or validity authorized. 35 U.S.C. § 294.
6. It became possible for United States applicants to request, under the Patent Cooperation Treaty, an international search by the European Patent Office.

1. Possibility of extending patent term to compensate for delay in securing marketing authority from FDA to sell new drugs for humans. (Hatch-Waxman Amendments)[45] 35 U.S.C. § 156.
2. Protection from finding of obviousness over work of co-employees, etc. 35 U.S.C. § 103(c).
3. Clarification that to be a joint inventor the inventors did not have to work together nor each make a contribution to the subject matter of every claim. 35 U.S.C. § 116(a).
4. Settlement of interferences by arbitration became permissible. 35 U.S.C. § 135(f).
5. Definition of infringement amended to include exports of kits of parts that could be used to make a product which if made in the United States would be an infringement of a U.S. patent.[46] 35 U.S.C. § 271(f).
6. Boards of Patent Appeals and Interferences consolidated into a single Board of Patent Appeals and Interferences. 35 U.S.C. § 141.
7. Statutory Invention Registration scheme introduced. 35 U.S.C. § 157. [ add footnote: Repealed on March 16, 2013. ]

  • 1986 United States succeeds in having international intellectual property rights protection placed on the negotiating agenda for the Uruguay Round of Negotiations of the General Agreement on Tariffs and Trade (GATT).
  • 1987

1. United States implements Chapter II of PCT wherein the Patent and Trademark Office may act as an International Searching Authority and International Preliminary Examining Authority with respect to international applications. 35 U.S.C. § 362.
2. It became possible for United States applicants to request an international preliminary examination under the PCT by the European Patent Office.

1. Possibility of extending patent term to compensate for delay in securing marketing authority from FDA to sell new drugs for animals. 35 U.S.C. § 156.
2. Requirements for securing permission to file patent application abroad if on file in United States for less than six months relaxed to some extent. 35 U.S.C. §§ 184 and 185.
3. Definition of infringement amended to include importation into the United States of products made abroad by a process covered by a U.S. patent and to reverse the burden of proof in certain cases of alleged infringement of a process patent. (Process Patent Amendments Act) 35 U.S.C. §§ 271(g), 287, 295.
4. Definition of infringement amended to include application to FDA for marketing approval of a patented drug to be effective before the expiration of the patent, but to remove from patent infringement acts relating to collecting data for use in submissions to the FDA for marketing approval of a drug, etc. 35 U.S.C. § 271(e).
5. Patent Misuse Reform Act made it clear that patent was not unenforceable for misuse on the basis that patentee had refused to license the patent or on the basis of tying arrangements unless the patentee had market power in the relevant market. 35 U.S.C. § 271(d).

  • 1990 Extension of definition of patent infringement to acts in outer space on a “space object or component thereof under the jurisdiction or control of the United States.” 35 U.S.C. § 105.
  • 1992 State governments made liable for acts of patent infringement. 35 U.S.C. §§ 271(h), 296.
  • 1993 Extension of right to prove prior invention to acts carried out in NAFTA countries. 35 U.S.C. § 104.
  • 1994

1. Uruguay Round of negotiations for revision of GATT concludes an agreement on TRIPS which include enforceable minimum standards for patent protection.
2. Extension of right to prove prior invention to acts carried out in WTO countries. 35 U.S.C. § 104.
3. Introduced the possibility of filing provisional patent applications. 35 U.S.C. §§ 111(b) and 119(e).
4. Subject to transitional provisions, the term of a patent is now twenty years from its earliest filing date (instead of seventeen years from grant), subject to the possibility of extension to compensate for delays due to interferences or the need to appeal in order to secure the grant of the patent. 35 U.S.C. § 154.
5. Definition of infringing acts extended to include offers for sale and acts of importation. 35 U.S.C. § 271.
6. Reversal of burden of proof in certain cases where infringement of process patent is alleged. 35 U.S.C. § 295.

  • 1995 Protection of biotechnology processes from finding of obviousness if it is for the production of new and nonobvious product. 35 U.S.C. § 103 (b).
  • 1996 Removal of remedies for infringement of patents for surgical processes. 35 U.S.C. § 287(c).
  • 1998 The Court of Appeals for the Federal Circuit in State Street Bank v. Signature Financial[47] holds that there is no prohibition in U.S. law on patents for business methods as long as they are new, useful, and non-obvious.
  • 1999

1. The 1992 amendment to make state governments liable for act of patent infringement is held to be an unconstitutional abridgement of the states’ sovereign immunity in Florida Prepaid Postsecondary Education Expense Board v. College Savings Bank.[48]
2. The Intellectual Property and Communications Omnibus Reform Act of 1999 is passed. This law makes a number of amendments to the U.S. Patent Law and also includes provisions intended to curtail cybersquatting and to deal with satellite home viewing and rural local television signals. The changes to the U.S. Patent Law include providing for early publication of patent applications where equivalent applications are published abroad, the protection of inventors using the services of invention promotion services, and first inventor (prior user) defense for prior users of business methods. Other changes were also made to the U.S. Patent Law. You can learn more by referring to the following articles: US Patent Law Amendments 1999 and United States – 1999 – 2000 Revisions of the Patent Law and Rules.

  • 2000 The Patent and Trademark Office renamed itself the United States Patent and Trademark Office.
  • 2001 The first publication of a pending United States Patent Application, as provided for by the 1999 amendment, occurs on March 15, 2001.
  • 2002 Amendments relating to re-examination practice to try to make this option more useful and to clarify the law on the effect of a third party’s prior PCT application on a later-filed U.S. application.
  • 2003 Amendment to the Hatch-Waxman Amendments[49] to try to rectify some problems that had emerged.
  • 2004 Cooperative Research and Technology Enhancement Act [50] removes prior unpublished work by joint venture partners from scope of prior art to be considered in obviousness determinations.
  • 2005 Legislation introduced proposing major reforms, including a switch to a first-to-file system. (Not enacted due to lack of agrement on how to calculate damages).
  • 2006 Supreme Court holds that since the grant of an injunction against patent infringement is an equitable remedy, the traditional requirements of equity must be complied with if an injunction is to be granted. [51]
  • 2007

1. The Supreme Court reviews the standards to be used in assessing obviousness in KSR v. Teleflex.[52]
2. Introduction of non-traditional examination routes such as patent prosecution highways and peer to patent reviews to try to expedite and improve quality of patent examination.
3. Further attempt at patent law reform legislation (not enacted).

  • 2009 Patent law reform legislation introduced to Congress based on compromise to deal with the issues that had thwarted reform in two previous Congresses.
  • 2010
  • 1. Health care reform legislation adds Hatch Waxman-like provisions relating to infringement of patents for biological drugs.[53]
    • 2.Supreme Court addresses the law on patent-eligible subject matter in Bilski v. Kappos.[54]

    In Molecular Pathology v. Myriad Genetics Inc.[56]the U.S.Supreme Court held that genetic material that differs from a naturally occurring DNA sequence simply by having been isolated from it is a not eligible for patent protection.

    [1] Mark Twain, A Connecticut Yankee in King Arthur’s Court, (New York: Harper & Brothers, 1889), 64.

    [2] Dissent by Jackson J. in Jungersen v. Ostby & Barton Co., 335 U.S. 560, 80 U.S.P.Q. 32 (1949).

    [3] See, in particular, The Clothworkers of Ipswich Case (King’s Bench, 1615).

    [4] The first major piece of patent litigation in England after the Statute of Monopolies, Dollond’s case on a prior invention that had been concealed, came before the Court of Common Pleas in 1766, and the famous cases of Arkwright v. Nightingale and R. v. Arkwright both on Arkwright’s machine for spinning cotton came to the courts in 1785.

    [5] This was not the case in Europe where abolition of the patent system was seriously considered at various times in both the United Kingdom and Prussia (Bismarck was an opponent), and the system was actually abolished for a while in the Netherlands.

    [6] In 1975, the Department of Justice issued a list of nine possible types of restriction that might be present in a patent license agreement that the Department believed to be per se illegal. These were known as “the nine no-no’s.” At least eight of them would today be addressed under a rule of reason approach and likely to be regarded as lawful under many circumstances.

    [7] One particular event that jolted the business community was Eastman Kodak’s enforced withdrawal from the instant camera market after a finding that it had infringed Polaroid’s patents.

    [9] See, for example, Alco Standard Corp. v. Tennessee Valley Auth., 1 U.S.P.Q.2d 1337 (1986).

    [10] This had the effect of limiting the power of the Crown to the grant of monopolies to grants only for limited periods (14 years — the duration of two training periods for craft apprentices) and most importantly, only for “manners of new manufacture” that were introduced into the realm by the recipient of the monopoly. Such grants were, however, conditioned on their not being “mischievous to the state” (for example, by raising prices of commodities) or “generally inconvenient.”

    [11] A series of articles by Edward C. Walterscheid, starting in 76 J. Pat. & Trademark Off. Soc’y 697 (1994) and in particular Part 5 at 78 J. Pat. & Trademark Off. Soc’y 615 (1996), discusses in detail the antecedents of the U.S. patent system. Patents in the colonial period seem generally to have been granted as a result of petitions to the colonial legislatures rather than as a result of any general law, although Massachusetts and Connecticut enacted simplified versions of the Statute of Monopolies confining the grant of monopoly rights to “new inventions,” which rights were to be granted only “for a short time.”

    [12] A similar title was used for all acts relating to patents before the consolidation of 1870.

    [13] Patent Act 1793, § 1 the term “art” was replaced by “process” in 1952, but this term is itself defined as a “process, art or method.” 35 U.S.C. § 101.

    [16] The 1790 Act required that the applicant be the “first and true inventor” and that the subject of the invention was “not before known or used.” These requirements were replaced in the 1793 Act by requirements that the applicant be “the true inventor” and that the invention had not been “known or used before the application.” The Act of 1800 amended the second of these requirements so that the invention had not “been known or used either in this or any foreign country.” In Bedford v. Hunt, 3 F. Cas. 37 (C.C.D. Mass., 1817), it was held that as between two parties claiming to be the first to invent a particular invention, the patent should be granted to the first to reduce it to practice.

    [18] This was, in effect, a codification of the Supreme Court’s decision in Grant v. Raymond, 31 U.S. 218 (1832).

    [21] Patent Act 1836, § 7, this section also provided that if the Patent Office rejected the application the applicant could get a particular refund of the application fee. The bars listed were: 1) prior invention in the United States by another 2) prior patenting or description in a printed publication anywhere in the world 3) public use or sale with the applicant’s consent.

    [22] Patent Act 1836, § 8 Patent Act 1836, § 7, this section also provided that if the Patent Office rejected the application the applicant could get a particular refund of the application fee.

    [24] Additionally, it was provided that the grant of a foreign patent for the same invention did not bar the grant of a U.S. patent as long as the application for the U.S. patent was filed within six months of the foreign grant and that there had been no introduction “into public and common use in the United States” before the filing of the application.

    [26] 52 U.S. 248 (1850). The key reasoning in the decision was “unless more ingenuity and skill … [is applied in the new invention] … than were possessed by an ordinary mechanic acquainted with the business, there was an absence of that degree of skill and ingenuity which constitute essential elements of every invention.”

    [27] The examiners-in-chief were to be appointed by the President on the advice and consent of the Senate.

    [28] The term seems to have been a compromise between the Senate which wished to confirm the term of a patent to fourteen years and the House which wished to maintain the possibility of extending a fourteen-year patent by a further seven years in certain circumstances.

    [29] Godfrey v. Eames, 68 U.S. 317 (1836). The case held that amendments could not introduce “a distinct and different invention” that had not been “contemplated by the specification as submitted at the outset.”

    [31] However, no specific implementing legislation was enacted until 1903, and it is questionable what effect the Convention had in the United States in the interim.

    [32] The term was originally six months it was changed to one year for utility patents in 1900.

    [34] This term was extended to twelve months in 1903 following the 1901 amendment to the Paris Convention.

    [35] 314 U.S. 84, 51 U.S.P.Q. 272 (1941).

    [36] Act of Aug. 5, 1939, ch. 450, § 1, 53 Stat. 1212. The Senate and House Reports accompanying the Act explained: “In 1839, when the period of 2 years was first adopted, it may have been a proper length of time for an inventor to make up his mind whether or not to file an application for patent. Under present conditions 2 years appears unduly long and operates as a handicap to industry. Reduction of the period would serve to bring the date of patenting closer to the time when the invention is made. … One year is believed to be a very fair period for all concerned.” S. Rep. No. 76-876, 1 (1939) H.R. Rep. No. 76-961 1 (1939).

    [38] Part of the impetus for the revision was the adoption of the United States Code system in 1926. When the Code was established, prior laws had been compiled into it but not re-enacted. Subsequently, it was felt desirable to clean up and re-enact each title of the Code as positive law. In 1952, it was patents’ turn.

    [39] The definition specifically stated that “patentability shall not be negatived by the manner in which the invention was made” apparently to ensure that issues of obviousness were assessed objectively and that invention did not have to be the result of a “flash of genius,” the standard derived from Cuno Eng’g Corp. v. Automatic Devices Corp. (314 U.S. 84 (1941)). The Historical and Revision Notes explain: “The second sentence states that patentability as to this requirement is not to be negatived by the manner in which the invention was made, that is, it is immaterial whether it resulted from long toil and experimentation or from a flash of genius.” 35 U.S.C. § 103 (Historical and Revision Notes).

    [40] This provision was intended as a partial statutory overruling of the Supreme Court’s decision in Halliburton Oil Well Cementing Co. v. Walker, 71 U.S.P.Q. 175 (1946), which had held that any definition of a component of a claim by the function that it was to perform lacked clarity and constituted an “overhanging threat” which could serve to “frighten[] from the course of experimentation … inventive genius [which] may evolve many more devices to accomplish the same purpose.”

    [41] 383 U.S. 1, 148 U.S.P.Q. 459 (1966).

    [42] 402 U.S. 313, 169 U.S.P.Q. 513 (1971).

    [43] Diamond v. Chakrabarty, 206 U.S.P.Q. 193 (1980).

    [44] The Court of Appeals for the Federal Circuit has inter alia exclusive jurisdiction over appeals from decisions of the Board of Patent Appeals and Interferences and over appeals of final decisions of all district courts on actions based in whole or in part on “any Act of Congress relating to patents.” The new statute did not, however, abrogate the right of someone denied patent rights or losing an interference from bringing a civil action against the Commissioner of Patents before the District Court in Washington, D.C. A major reason for the creation of the Federal Circuit was a sense of lack of consistency in dealing with patent cases in the different regional circuits. During the 1970s, there was a growing feeling that certain circuits were anti-patent and others pro-patent so that forum shopping was rife.

    [45] The legislation was a compromise between the generic and pioneer drug industries after the Federal Circuit decision in Roche v. Bolar, 221 U.S.P.Q 937, had held that premarketing testing (required by the FDA) by a generic drug manufacturer constituted patent infringement.

    [46] This was a legislative overruling of the Supreme Court decision in Deepsouth Packing Co. v. Laitram Corp., 406 U.S. 518, 173 U.S.P.Q. 769 (1972).

    [47] add footnote: March 16, 2013, Section 3 of the Leahy-Smith America Invents Act repealed the provisions of 35 U.S.C. 157 pertaining to SIRs . ]

    [4 7 ] 149 F.3d. 1368, 47 U.S.P.Q.2d 1596 (Fed. Cir. 1998).

    [49] As part of the Medicare Prescription Drug, Improvement, and Modernization Act, Public Law 108-173, § 1101.

    [51] eBay v. MercExchange, 547 U.S. 388, 78 U.S.P.Q.2d 1577 (2006).

    [53] Pub. L. No. 111-148, §§ 7001 – 7003.

    [54] 95 U.S.P.Q.2d 1001 (S.Ct. 2010).


    16.Jun.21 In 1946 the United States Congress enacted the Lanham Act which created a national trademark.

    09.Jun.21 Ladas & Parry congratulates the following attorneys who have been selected as IP Stars for.

    05.May.21 An article by Greg DeSantis entitled “Full Stream Ahead: Intellectual Property Considerations for.

    28.Apr.21 Ladas & Parry attorneys Dennis Prahl, Lanning Bryer and Scott Lebson will be attending the INTA.

    Foreign commerce

    The foreign trade of the United States, if judged by the value of exports, kept pace with the growth of domestic industry. Exclusive of gold, silver, and reexports, the annual value of exports from the United States in 1877 was about $590,000,000 by 1900 it had increased to approximately $1,371,000,000. The value of imports also rose, though at a slower rate. When gold and silver are included, there was only one year in the entire period in which the United States had an unfavourable balance of trade and, as the century drew to a close, the excess of exports over imports increased perceptibly.

    Agriculture continued to furnish the bulk of U.S. exports. Cotton, wheat, flour, and meat products were consistently the items with the greatest annual value among exports. Of the nonagricultural products sent abroad, petroleum was the most important, though by the end of the century its position on the list of exports was being challenged by machinery.

    Despite the expansion of foreign trade, the U.S. merchant marine was a major casualty of the period. While the aggregate tonnage of all shipping flying the U.S. flag remained remarkably constant, the tonnage engaged in foreign trade declined sharply, dropping from more than 2,400,000 tons on the eve of the Civil War to a low point of only 726,000 tons in 1898. The decline began during the Civil War when hundreds of ships were transferred to foreign registries to avoid destruction. Later, cost disadvantages in shipbuilding and repair and the American policy of registering only American-built ships hindered growth until World War I.

    Historian: Industrial Revolution Gave Us Lunch As We Know It

    Like the Sun overhead in the sky, lunchtime might seem like a immutable part of everyone's day, but a food historian said that meals and the practices associated with them can be viewed as a reflection of an evolving society.

    Whether eating a sandwich from a lunch bag, microwaving some leftovers or grabbing grub at a local restaurant, t he way that most people eat lunch today, the foods they choose and who they eat it with has changed over time, particularly in the last 200 years.

    Abigail Carroll is an author and food historian who has taught in the Gastronomy Program at Boston University. In her book &ldquo Three Squares: The Invention of the American Meal ,&rdquo Carroll explains that that of all the historical and cultural factors that have shaped how and what people eat, business is at the top of the list.

    Carroll said one of the largest business impacts was the Industrial Revolution, which she said &ldquoreally upended people&rsquos schedules and their lives.&rdquo Not only were people moving from rural areas to live in urban centers, but the place where they did their work shifted from a home or farm to a factory, she said.

    Lunch in particular was shaped by labor developments and patterns in the late 19th Century. Historically, Carroll explained, &ldquo&lsquolunch&rdquo was once used interchangeably to mean a small meal or a snack.&rdquo

    In some ways, it didn&rsquot evolve much from that originally meaning, she said, even with the changing cultural landscape.

    &ldquoIt was not a very important meal. (It) didn&rsquot have to be hot, it didn&rsquot have to be fancy, it could be very spontaneous. And you could eat it alone. There was no pressure to eat it with other people,&rdquo she said.

    Carroll added that lunch &ldquodidn&rsquot have to do the cultural work that dinner was doing.&rdquo That is, serving as a time for families to gather together and for a substantial and satisfying meal to be shared.

    Because laborers were living farther away from where they worked, people were no longer able to get home to eat their midday meal. That meal had traditionally been the most substantial meal of the day and served hot, but that tradition changed to fit a factory worker&rsquos schedule.

    As a result, it became necessary to either buy a lunch near their place of work or to bring lunch with them. But for people working in a factory setting, there were many challenges to eating safely.

    Without a designated lunch area, hazardous materials and working conditions made eating the midday meal dangerous for many workers. Carroll pointed especially to metal factories.

    &ldquoPeople were literally eating the meals that they brought with them at their workshop desks. And sometimes they even reported that they didn&rsquot even wash their hands because it would take such an effort &hellip that it would take up a third of their lunch break,&rdquo she said.

    In response, government regulators got involved and lunchrooms were developed. First, they were just separate rooms with no amenities. Then, there was a move to provide hot drinks like coffee.

    Workers who brought their lunches to work usually ate cold food, often leftover pie or bread with meat or cheese. These provisions were carried in a tin pail, which came to be seen first as a mark of being lower class and then, as a symbol of pride in being a productive laborer.

    &ldquoEventually,&rdquo Carroll said, &ldquoif you were a professional, in an urban area, you might be dining at a fine dining club.&rdquo

    Divided by trade, these clubs offered men of a certain standing to eat with their peers, and to make valuable connections at the same time.

    Women weren't particularly welcome in the men&rsquos lunch clubs, but might not have wanted to patronize them anyway. Carroll explained that when women&rsquos lunch clubs developed, they were &ldquonot as prestigious as men&rsquos lunch clubs. Most of the women&rsquos lunch clubs actually started out as charities. It was for that smaller number of women who were working, who perhaps wouldn&rsquot feel comfortable at a lunch room in a factory because it was mostly men.&rdquo

    Carroll said little has changed since then, but examining eating habits is still an important way to examine a culture and society.

    &ldquoFood is an amazingly fertile window into culture,&rdquo Carroll said, &ldquobut it&rsquos one that we just take for granted and we overlook. And it&rsquos just embodied with so many meanings.&rdquo

    5. Wright Brothers: Airplane

    Orville Wright

    Wilbur Wright (April 16, 1867- December 1, 1912) and Orville Wright (August 19, 1871- January 30, 1948), collectively known as the Wright brothers, invented the first airplane which they called the Wright Flyer. It was made of a wooden frame covered with fabric and contained two propellers supplied with power from a 12-horse power water-cooled engine. The historical first flight was made on December 17, 1903, and the flying lasted for 12 seconds. The flyer covered 120 feet at Kitty Hawk, North Carolina, U.S.

    The Impact of the Industrial Revolution on British Society and Economy

    The impact of the Industrial Revolution on British society and economy There is no doubt that the Industrial Revolution plays a central role in the modern British history. The structure of British society has forever changed by the impact and consequences of Industrial Revolution. The Industrial Revolution is often stated as the increase of the number of factories, the exercise of steam power in a wide range of area and the mass-production produced by new technology in the course of 1750 to 1850 (Lane, 1978: 72).

    Engles (1986: 37) argued that the Industrial Revolution&rsquos mainly development were the invention of the steam engine and the cotton industry. As the improvement of technology, the steam engine could produce more power with less energy than before. As a result, it leads to the improvement and industrialization in other areas (Lane, 1978). Hobsbawm (1968: 53) viewed cotton to be the principal revolution, it played a leader role in the British economy throughout the process of industrialisation.

    The use of equipment in factory took place in the cotton industry firstly, aimed to match the society&rsquos demands by increase production (Porter, 1999). The Industrial Revolution changed economic, political and social factors. This essay will analyze the impact of the Industrial Revolution on society and economy, the content will dived into parts. In the first stage, it will argue the positive impact of the Industrial Revolution on economy and urbanisation.

    Second part will focus on the impact on society, and dived into four points: overcrowding due to the urbanisation, phenomenon of child labour, poor working conditions and movement by working class to improve their condition and political rights. The collusion will be given out after analyze, the tremendous profit gained from the Industrial Revolution by the upper class and government, however working class suffered from the impact of industrialization in early stage.

    Pre-industrial life had considered to be short of sources and hardly meet people&rsquos demands. Hobbes (1968: 186) once describes man&rsquos life as&ldquopoor, nasty, brutish and short&rdquo. Due to the invention of the steam engine, the total output of coal rose from 3 million tons to 49 million tons in the course of 1740 to 1850 (Hobsbawm, 1968: 53).

    There was a massive expansion of cities and industrial towns centred around the new factories, for example, Manchester used to be a small town with almost 28,000 residents in 1780. By 1850, the population had increased to more than 300,000 (Hobsbawm, 1968: 40). As the Industrial Revolution took place at first in Britain, then spread to other Euro nations later. Contrast with British and Europe in the percentage of total population in cities, with the process of urbanisation, British recorded significantly increase and even twice than Europe in 1850 (More, 2005: 5).

    As a result of the Industrial Revolution, in 1840 the UK&rsquos national wealth nearly doubled compare to data in 1790, however the most of the benefit were gained by upper class. This remarkable growth and benefit was one of the social change that happened in the course of the Industrial Revolution.

    The laissez-faire economics which advocated by Adam Smith, became widely accepted and contribute to the flourish of capitalism. By that time, Government seldom regulated or published policies to limit the business (Porter, 1999). On the contrary, it allowed the middle-class to engaged into whichever process was lead to the most benefit, despite the safety and health of their employee (Stearns, 1998).

    Although the revolution provided profitable to Britain, unfortunately, the large amount of population did not share the benefit. During the early parts of the Industrial Revolution, it had significantly negative impact on society. Hobsbawm (1968) argued that no matter what advancements occurred reached the public slowly and often could not compensate for the added burdens of industrial employment or the growing wealth gap in society.

    Overcrowding mainly caused by city migration which people moved from countryside. Most British used to live in small villages before the Industrial Revolution, working in agriculture or being craftsmen (Porter, 1999). People often lived and worked in family unit, presenting everything by their own hand. Porter (1999) points out that around 75% British lived in the village, and most people ensure their life by farming. As a result of the Industrial Revolution, this situation no longer continued.

    The new law required that all owner&rsquos of gazing grounds must afford the expense for fence, which lead to many farmers go bankrupt, at the meantime, many hand weavers unemployed because the new machines capability of produce big amount outputs (Stearns, 1998). Consequently, it forced many people find jobs in new factories, and moved to cities where the factory located (Porter, 1999). It is also important to state that although they worked for long hours, they only get paid little money.

    As they could not afford the higher living expenses in big cities, they had to move into the slum house. It is necessary to point out that over 12,000 people lived in 1,400 houses, nearly one family shared per room (included about nine people at average) (Engles, 1968: 62).

    This lead to several distress like air pollution, typhoid and cholera to threaten people&rsquos lives (Stearns, 1998). Dean (1983: 104) also describes that the living conditions were fearful, in the course of early year of Industrial Revolution, over half of children aged under five years old dead because of the infectious diseases in overcrowding area in town.

    With the raise in population, the phenomenon of child labour became more obvious in the course of the Industrial Revolution. According to Galbi (1994), in Britain about two out of three of workers in 143 water-powered cotton factories were children in 1788. Stearns(1998) states that as a consequence of Revolution, around three quarter of early workers are children and women.

    It could be due to several reasons. First, employers could pay children less money than adults even if their productive forces were equally (Dean, 1983). Secondly, as Sadler states that compare to adults, children are easier to control (Galbi, 1994). As the machine was totally new and adult labourers were lack of experience, employers regards that children were much easier to adapt the new methods and operate machine than adults (Galbi, 1994). This lead to the child labour became major choice for manufactory business in the early year of the Industrial Revolution.

    And according to Stearns (1998), employers also sent children to work in mines, as they were capable to get more coal and ore from the deep and unsafe cave. Above all, children also could be forced to work as long as adults, about eighteen hours one day (Galbi, 1994). To conclude these reasons, children were treated like adult labour to work manufactories, making part of the increasing and beneficial business. In result, children were most likely lack of education, also suffered from maldevelopment (Stearns, 1998).

    In the early year of Industrial Revolution, the working conditions were extremely harsh and labour&rsquos right without protection by law (Porter, 1999). Employers required workers labour for long hours with low wage, and evenly no breaks (Porter, 1999).

    As labours, especially children and women were working for nearly eighteen hours per day (Galbi, 1994). Until the Sadler Report published in 1833, the poor conditions of child labour in Britain were long-neglected by the government (Galbi, 1994). The Sadler Report finally evidence the aggression in human rights of child labour and poor working conditions, Sadler suggested that improvement must to be accomplished to prevent the general social unrest from happening (Porter, 1999).

    In 1833, British passed the Factory Acts, the first general laws in opposition to child labour. According to the acts, Children aged fewer than 9 were not permitted to work in factories, children under 18 also were not allowed to work during night, and children under 13 were limited to work less than 9 hours per day and 48 hours per week (Factory Legislation 1802-1878).

    Although inspectors monitored the achievement of the acts by factory, the lack of inspectors caused difficulty in execution (Galbi, 1994). By 1850, according to the Factory Act, children and women who worked in factories only laboured from 6 a.m. to 6 p.m. or 7 a.m. to 7 p.m. Working hours were raised half hour or one hour per day than the act in 1847 (Factory Legislation 1802-1878) .

    Although some regions of Britain got huge benefit during the Industrial Revolution, the numbers of class conflict movement came up because of the unsable political environment, the occurred of the Luddites was one of the results (Lane, 1978). The Luddites were regarded as anti-modernism group, aimed to against to the industrialization, especially the new manufactory machine (Porter, 1999).

    The Britain government&rsquos response to Luddites was quick and harsh. At the end, more than 20 people were executed and more people were sent to Australia (Porter, 1999). As a result of the Luddites, labours became more interested in politics than ever before, hunting for better conditions to work and promoting their political rights (Engels, 1968).

    Labour were concentrated into factories, mines and mills by the Industrial Revolution, therefore facilitated the organization for workers from different trade areas to improve their interests (Engels, 1986: 45). As union could cause the break down of production, employers had to meet union&rsquos demands to avoid the further lost (Engels, 1968: 45). The strike action was the major approach of unions to have effectively advancement. Many strikes not only harm the employers&rsquo profit but also the workers interests (Lane, 1978).

    Government passed the Combination Act in England in 1799, prohibiting labours to organise any kind of union (Porter, 1999). Even after the repeal of this law in 1824, unions were remaining under rigorous limitation (Porter, 1999). In the course of 1830s and 1840s, the Chartist movement viewed as the first political movement in large-scale which organised by labourers aimed to promote their political rights and social justice (Stearns, 1998).

    Although the movement gained a large population&rsquos support, their appeal was refused by British Parliament (Engles, 1968). In 1842, the cotton labourers and miners were organized a general strike across the Chartist movement which obstacle to transfer production in Great Britain (Engles, 1968). As the effect of political movement run by the working class, they achieved their objectives in 1867 and 1885. Since then, working class was viewed as a important political group, it also led to the form of the British labour Party in future.

    In conclusion, this study focuses on the impact of the Industrial Revolution on the British society and economy. In the course of analysis, this essay have develop the Industrial Revolution lead to several factors as overcrowding, child labour, working conditions for workers (especially the youth), the Luddites movement and organisation of workers to improve their rights.

    It shows that in the course of the Industrial Revolution, the increase profit gained by the upper class and country, was based on the sacrifice of working class which suffered from poor living conditions and working conditions. However, advancements in social, economic, technological and financial areas could be regarded proportionality with the cost of human being. It also leads to the working class started to improve either their human rights or political rights, and the establishment of Labour party in future. Ultimately, the Industrial Revolution encouraged British Empire became the most powerful country in nineteenth centuries.

    Lend-Lease and Military Aid to the Allies in the Early Years of World War II

    During World War II, the United States began to provide significant military supplies and other assistance to the Allies in September 1940, even though the United States did not enter the war until December 1941. Much of this aid flowed to the United Kingdom and other nations already at war with Germany and Japan through an innovative program known as Lend-Lease.

    When war broke out in Europe in September 1939, President Franklin D. Roosevelt declared that while the United States would remain neutral in law, he could “not ask that every American remain neutral in thought as well.” Roosevelt himself made significant efforts to help nations engaged in the struggle against Nazi Germany and wanted to extend a helping hand to those countries that lacked the supplies necessary to fight against the Germans. The United Kingdom, in particular, desperately needed help, as it was short of hard currency to pay for the military goods, food, and raw materials it needed from the United States.

    Though President Roosevelt wanted to provide assistance to the British, both American law and public fears that the United States would be drawn into the conflict blocked his plans. The Neutrality Act of 1939 allowed belligerents to purchase war materiel from the United States, but only on a “cash and carry” basis. The Johnson Act of 1934 also prohibited the extension of credit to countries that had not repaid U.S. loans made to them during World War I—which included Great Britain. The American military opposed the diversion of military supplies to the United Kingdom. The Army’s Chief of Staff, General George C. Marshall, anticipated that Britain would surrender following the collapse of France, and thus American supplies sent to the British would fall into German hands. Marshall and others therefore argued that U.S. national security would be better served by reserving military supplies for the defense of the Western Hemisphere. American public opinion also limited Roosevelt’s options. Many Americans opposed involving the United States in another war. Even though American public opinion generally supported the British rather than the Germans, President Roosevelt had to develop an initiative that was consistent with the legal prohibition against the granting of credit, satisfactory to military leadership, and acceptable to an American public that generally resisted involving the United States in the European conflict.

    On September 2, 1940, President Roosevelt signed a “Destroyers for Bases” agreement. Under the terms of the agreement, the United States gave the British more than 50 obsolete destroyers, in exchange for 99-year leases to territory in Newfoundland and the Caribbean, which would be used as U.S. air and naval bases. British Prime Minister Winston Churchill had originally requested that Roosevelt provide the destroyers as a gift, but the President knew that the American public and Congress would oppose such a deal. He therefore decided that a deal that gave the United States long-term access to British bases could be justified as essential to the security of the Western Hemisphere—thereby assuaging the concerns of the public and the U.S. military

    In December 1940, Churchill warned Roosevelt that the British were no longer able to pay for supplies. On December 17, President Roosevelt proposed a new initiative that would be known as Lend-Lease. The United States would provide Great Britain with the supplies it needed to fight Germany, but would not insist upon being paid immediately

    Instead, the United States would “lend” the supplies to the British, deferring payment. When payment eventually did take place, the emphasis would not be on payment in dollars. The tensions and instability engendered by inter-allied war debts in the 1920s and 1930s had demonstrated that it was unreasonable to expect that virtually bankrupt European nations would be able to pay for every item they had purchased from the United States. Instead, payment would primarily take the form of a “consideration” granted by Britain to the United States. After many months of negotiation, the United States and Britain agreed, in Article VII of the Lend-Lease agreement they signed, that this consideration would primarily consist of joint action directed towards the creation of a liberalized international economic order in the postwar world.

    Eli Whitney

    Invented by Eli Whitney in 1794, the cotton gin stabilized the economy of the plantation era Antebellum South and established cotton as what would become one of America’s most profitable and essential crops. In addition, Whitney’s development of the process of mass production using interchangeable parts proved to be one of the most significant developments of the Industrial Revolution.

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