February is Black History Month, a time to honor and celebrate the achievements and contributions of African Americans in various fields of science, art, culture, and society. Black Americans have made tremendous contributions to music, technology, and more, but many have faced significant challenges in securing protection and recognition for their work. Despite the historical obstacles faced by Black innovators seeking to protect and profit from their intellectual property, their contributions have left an indelible mark on history.
Ladas & Parry LLP considers diversity and inclusion as core values and principles that provide access to opportunity, consolidation of expertise and range of perspectives and ensures excellence, particularly in the IP field.
This article highlights the remarkable achievements of African American inventors and the historical context in which they innovated, focusing on their patents and trademarks.
The Golden Age of Invention
The history of Black people’s contributions to the catalog of inventions that marked the Industrial Revolution has been largely muted. No other time in the 19th or 20th century saw rates of patenting matched by the period from 1870 to 1940. During this era, the United States was arguably the most inventive place on Earth at what was arguably the most inventive era in world history.
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From 1870 to 1940, Black people living in the North were eight times more likely to be awarded a patent than Black people living in the South. The rate of patenting per capita among northern Black and white residents was extremely high (0.31 per 1,000 residents for Black people and 0.39 for white people).
Given the vast differences between the North and South in providing both skill-generating and skill-using opportunities, this historical research points to the importance of linking political equality and social opportunity to innovation and economic growth.
Despite the lopsided share of African Americans living in the South, northern African Americans filed the majority of patents (58% is the average for the entire period), with the North’s patenting share reaching 71% by 1940. The data suggests these regional institutional differences explain quite a lot.
A simple interpretation of these facts is that poor social and economic resources (e.g., lack of education, research and development, and industry) limited invention in the South by a factor of three, whereas systemic racism had an even larger effect-albeit only on the Black population.
To put in perspective the extraordinary number of patents given to Black people in the North in the decades after the end of slavery, consider that patenting in northern Black communities was equal to white Americans nationally.
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Compared to other states and territories, Black residents of Washington, D.C. had the highest rate of patenting during this golden age, with 1,088 patents per million Black residents, after adjusting for missing data. This rate is roughly equal to contemporary San Francisco and Seattle, though somewhat lower than contemporary San Jose, Calif.
We estimate that northern Black Americans had a rate of 300 patents per million residents, after adjusting for missing records. Japan was the only country in the world to patent at a higher rate from 2010 to 2012.
In our database, 87% of inventions were traced to people born in the United States, and 2.7% were invented by Black Americans-a larger share than nearly every immigrant group.
Notable Inventors and Their Innovations
Several African American inventors have made significant contributions to various fields. Here are a few notable examples:
- Thomas L. Jennings: Thomas L. Jennings was working as a tailor and businessman in New York City when he invented a process for dry-cleaning delicate clothing known as “dry-scouring.” Mr. Jennings applied for a patent in 1820 and received his history-making approval the following year.
- Andrew Jackson Beard: This amazing inventor spent the first 15 years of his life as a slave in Eastlake, Alabama. Mr. Beard invented improvements to coupler’s used to hook railroad cars together. Mr. Beard’s ingenious invention allowed railroad cars to be linked automatically and safely. patent nos. 594,059 and 624,901.
- Elijah McCoy: Elijah J. McCoy was an African American inventor who obtained over 50 patents in his lifetime. Eventually he took a job working for the Michigan Central Railroad where he shoveled coal into train engines and applied oil to the moving parts. Patent No.129,843). This device became a very important part of the industry and there were many who tried to imitate McCoy’s invention.
- Sarah Boone: In 1892, Sarah Boone patented a design improvement to Elijah McCoy’s ironing board. The North Carolina native wrote in her application that the purpose of her invention was “to produce a cheap, simple, convenient, and highly effective device, particularly adapted to be used in ironing the sleeves and bodies of ladies’ garments.”
- Alexander Miles: Anyone who’s ridden modern elevators has Alexander Miles to thank for the stair alternative’s automatic doors. Because, as the adage goes, necessity is the mother of invention, Miles created a mechanism that forced both elevator doors to close simultaneously, thus preventing dangerous accidents.
- Granville Woods: Granville Woods, known as the “Black Edison”, was an engineer who developed many important electrical inventions. This invention made communication possible between trains and train depots.
- Alice H. Parker: The central heating furnace design that Alice H. Parker patented in December 1919 made use of natural gas for the first time to keep homes warm and toasty. Many modern homes still employ a similar forced air heating system for which her idea was a precursor.
- Marie Van Brittan Brown: Another New York City resident, Marie Van Brittan Brown created an early version of the modern home security system. After filing to patent the closed circuit TV security system in 1966, Brown received her approval in December 1969.
- Patricia Bath: A true visionary, Patricia Bath became the first Black female doctor to receive a medical patent when she invented a laser cataract treatment device called a Laserphaco Probe in 1986. Now used around the world, Bath’s device has improved sight for millions of people.
- Mark Dean: We have Mark Dean to thank for several computer innovations that we might take for granted today. The color PC monitor (that you might be using right now) is just one of them.
- Garrett Morgan: Garrett Morgan was a prolific Black inventor whose early patent for an improved sewing machine design provided financial security for him and his family. His “safety hood,” patented in 1914, was a breathing device that filtered out harmful elements and became the prototype for the World War I-era gas mask.
- Frederick McKinley Jones: Before Frederick McKinley Jones developed the automatic refrigeration equipment used in long-haul trucks that transport perishables in the late 1940s, the only way to keep food cold en route to delivery destinations was by using ice.
- Marian Croak: Marian Croak is a renowned computer scientist and inventor. She has significantly contributed to modern communication technology. She is probably best known for her development of Voice Over Internet Protocol or VoIP technology.
- Shawn Springs: After 13 seasons of playing in the NFL, Shawn Springs founded Windpact, a company based in Leesburg, Virginia, focused on impact protection of the human brain.
- Terry Davis: Brilliant You Denim is a North Carolina-based business founded by Terry Davis. One of her top priorities was to obtain a design patent for her jeans’ enhancement innovation.
Music and Trademarks: The Motown Story
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The evolution of American music cannot be completely understood without acknowledging the profound influence of Black musicians. Genres like jazz, blues, rock ‘n’ roll, and hip-hop owe their origins to Black artists who infused their experiences and stories into their art.
We highlight an iconic global trade mark of African-American origin, dating from 1959, a time before US segregation was outlawed (1964) and before Black people were allowed to vote in the US (1965).
Stevie Wonder, Michael Jackson & The Jackson 5, Diana Ross & the Supremes, Marvin Gaye, Smokey Robinson & the Miracles, The Temptations (‘My Girl’), The Four Tops, Martha Reeves and the Vandellas (‘Dancing in the Street’), Gladys Knight & the Pips, Lionel Richie & the Commodores, and more. Most of us will have heard (and probably danced to) the songs of at least some of these artists, all of whose initial hit recordings (on vinyl only at the time) were under the MOTOWN trade marks (originally branded TAMLA MOTOWN outside the US).
The trade mark ‘Motown’, coined by Gordy, is a combination of the words ‘motor’ and ‘town’, because Detroit was and is the hub of the US motor industry. Many African-Americans moved to Detroit from the South for the work on offer on the production lines of the motor manufacturers. Indeed Gordy had earlier worked on the assembly line at Detroit’s Lincoln-Mercury car factory.
He adopted this notion for Motown Records; to take unknown young people with raw talent and move them through the business departments until they emerged as polished artists. Music released under the Motown Records trade mark, with its distinctive style and sound still beloved by millions today, was so popular that it played a major part in the successful crossover of music of Black origin to white audiences.
In achieving this level of success Motown Records and its artists overcame incredible obstacles to bring some togetherness to a racially divided country and segregated society.
During one week in December in that same year the Motown trade mark appeared on five of the Top-10 US pop records. Motown’s early artists paved the way for modern minority artists in the R&B and related musical genres, and original material is often sampled today. New music is released under the trade mark, through contemporary artists such as Lil Baby, Ne-Yo, Brandy and Erykah Badu. The Motown trade marks are currently registered in the US, UK, EU and numerous other countries globally.
The earliest UK registration dated from 1965, and an application to register MOTOWN as an EUTM was filed at the EUIPO on the day that office first opened in 1996.
🔬Black Inventors In History | The Untold Stories Behind Famous Black InventionsYou Never Heard🌟
Challenges and Exploitation
Enslaved people were legally barred from owning property, which included intellectual property. Their inventions, if acknowledged at all, were left unprotected. For example, in 1857, Oscar J.E. Stuart, a lawyer and enslaver from Mississippi, attempted to patent a plow invented by his enslaved worker, Ned.
Obtaining a patent was more difficult for Black people, because it often involved working with a white lawyer who may be tempted to engage in unfair dealings. These obstacles, no doubt, suppressed the wealth, fame, and influence of Black inventors-and yet, many succeeded in making important contributions to American technological and economic development.
A prime example of this practice can be seen in the experience of Black blues musician Arthur “Big Boy” Crudup who wrote the song That’s All Right, Mama, later popularized by Elvis Presley. Even though over 100,000 copies of Presley’s cover record were sold, Crudup did not receive any royalties from the success of his song because his producer owned the song’s copyright.
Eventually, Crudup received a modest royalty payment of $1,600, but his producer refused to relinquish the copyright. It wasn’t until after Crudup’s death that his estate began receiving royalties for Presley’s rendition of That’s All Right, Mama, underscoring the systemic exploitation faced by Black musicians, where recognition and financial compensation were often delayed or denied during their lifetimes.
Table: Patenting Rates by Race and Region (1870-1940)
| Region | Race | Patenting Rate (per 1,000 residents) |
|---|---|---|
| North | Black | 0.31 |
| North | White | 0.39 |
