Monday, February 11, 2013

Patents On Slave Inventions

Bloomberg (h/t Ritholtz):
In the years before the outbreak of the Civil War -- the historical record is not clear exactly when -- the future president of the Confederacy, Jefferson Davis, filed a patent claim on an improved riverboat propeller with the U.S. Patent Office. The novel design promised both increased efficiency and improved maneuverability compared with the paddlewheels then favored by most river steamships. His claim, however, was summarily denied.
Davis is remembered for many things, though not for being an accomplished inventor, and for good reason: The improved propeller wasn’t his to patent. Instead, it was the work of Benjamin Montgomery, a slave on the plantation of Davis’s brother Joseph.
After the patent office turned down Jefferson Davis’s claim, Joseph tried his luck, applying for a patent on the propeller and making clear, as Jefferson had, that it was Montgomery’s design. Since Montgomery was Joseph Davis’s human property, Joseph had every reason to expect that the Patent Office would accept his claim. Naturally, as one slave owner phrased it, “no one could rationally doubt, that in legal contemplation, the master has the same right to the fruits of the labor of the intilect [sic] of his slave, that he has to those of his hand.”
No one, that is, except U.S. Commissioner of Patents Joseph Holt.
Unfortunately for the Davis brothers, Holt ruled in 1857 that slave inventions couldn’t be patented under existing law. As a slave, Montgomery wasn’t a citizen and was therefore “legally incompetent,” in Holt’s words, to file a claim on his own. At the same time, because neither Jefferson nor Joseph Davis was the “true and original inventor” of Montgomery’s propeller, neither could file a claim on the slave’s behalf and thus legally protect the invention.
In effect, slaves’ intellectual property simply didn’t exist. This posed a significant problem, not only for the Davis brothers, but for any slave owner who sought to protect and profit from slaves’ inventions. On the eve of the Civil War, several slaveholders met with similarly negative responses from the Patent Office. For these Southerners, their prerogatives as slave owners (-to maintain a legal system that inscribed the inferiority of slaves),- and as capitalists (-to profit from the judicious employment of their capital),- were thrown into conflict by Holt’s patent ruling.
Still, the Davis brothers could have simply claimed Montgomery’s inventions as their own. Evidence suggests that Eli Whitney’s cotton gin and Cyrus McCormick’s reaper, both landmark antebellum inventions, were at least partially the products of slave intellectual labor. The Davis brothers took a different approach, asserting the intellectual capabilities of slaves such as Montgomery, while trying to claim the profits of that ingenuity as their own.
I didn't know that.  I really thought the part about the cotton gin and the reaper was pretty interesting.  I had never heard that before.

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