America’s always had black inventors, even when excluded from patents

America’s always had black inventors, even when excluded from patents


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A New York Times article from 1910 describes founding of Mound Bayou, a town founded on the wealth of a steamboat patent.

America has long been the land of innovation. More than 13,000 years ago, the Clovis people created what many call the “first American invention” – a stone tool used primarily to hunt large game. This spirit of American creativity has persisted through the millennia, through the first American patent granted in 1641 and on to today.

One group of prolific innovators, however, has been largely ignored by history: black inventors born or forced into American slavery. Though U.S. patent law was created with color-blind language to foster innovation, the patent system consistently excluded these inventors from recognition.

As a law professor and a licensed patent attorney, I understand both the importance of protecting inventions and the negative impact of being unable to use the law to do so. But despite patents being largely out of reach to them throughout early U.S. history, both slaves and free African-Americans did invent and innovate.

Why patents matter

In many countries around the world, innovation is fostered through a patent system. Patents give inventors a monopoly over their invention for a limited time period, allowing them, if they wish, to make money through things like sales and licensing.

Patent Office relief on the Herbert C. Hoover Building. Neutrality

The patent system has long been the heart of America’s innovation policy. As a way to recoup costs, patents provide strong incentives for inventors, who can spend millions of dollars and a significant amount of time developing a invention.

The history of patents in America is older than the U.S. Constitution, with several colonies granting patents years before the Constitution was created. In 1787, however, members of the Constitutional Convention opened the patent process up to people nationwide by drafting what has come to be known as the Patent and Copyright Clause of the Constitution. It allows Congress:


This language gives inventors exclusive rights to their inventions. It forms the foundation for today’s nationwide, federal patent system, which no longer allows states to grant patents.

Though the language itself was race-neutral, like many of the rights set forth in the Constitution, the patent system didn’t apply for black Americans born into slavery. Slaves were not considered American citizens and laws at the time prevented them from applying for or holding property, including patents. In 1857, the U.S. commissioner of patents officially ruled that slave inventions couldn’t be patented.

Slaves’ inventions exploited by owners

During the 17th and 18th centuries, America was experiencing rapid economic growth. Black inventors were major contributors during this era – even though most did not obtain any of the benefits associated with their inventions since they could not receive patent protection.

Slave owners often took credit for their slaves’ inventions. In one well-documented case, a black inventor named Ned invented an effective, innovative cotton scraper. His slave master, Oscar Stewart, attempted to patent the invention. Because Stewart was not the actual inventor, and because the actual inventor was born into slavery, the application was rejected.

Stewart ultimately began selling the cotton scraper without the benefit of patent protection and made a significant amount of money doing so. In his advertisements, he openly touted that the product was “the invention of a Negro slave – thus giving the lie to the abolition cry that slavery dwarfs the mind of the Negro. When did a free Negro ever invent anything?”

Reaping benefits of own inventions

The answer to this question is that black people – both free and enslaved – invented many things during that time period.

One such innovator was Henry Boyd, who was born into slavery in Kentucky in 1802. After purchasing his own freedom in 1826, Boyd invented a corded bed created with wooden rails connected to the headboard and footboard.

The “Boyd Bedstead” was so popular that historian Carter G. Woodson profiled his success in the iconic book “The Mis-education of the Negro,” noting that Boyd’s business ultimately employed 25 white and black employees.

Though Boyd had recently purchased his freedom and should have been allowed a patent for his invention, the racist realities of the time apparently led him to believe that he wouldn’t be able to patent his invention. He ultimately decided to partner with a white craftsman, allowing his partner to apply for and receive a patent for the bed.




A legacy of black innovators


This legacy extends through the 21st century. Lonnie Johnson generated more than US$1 billion in sales with his Super Soaker water gun invention, which has consistently been among the world’s top 20 best-selling toys each year since 1991. Johnson now owns more than 80 patents and has since developed different green technologies.

Bishop Curry V, a 10-year-old black inventor from Texas, has already applied for a patent for his invention, which he says will stop accidental deaths of children in hot cars.

Black women are also furthering the legacy of black inventors. Lisa Ascolese, known as “The Inventress,” has received multiple patents and founded the Association for Women Inventors and Entrepreneurs. Janet Emerson Bashen became the first black woman to receive a patent for a software invention in 2006. And Dr. Hadiyah Green recently won a $1 million grant related to an invention that may help treat cancer.

True to the legacy of American innovation, today’s black inventors are following in the footsteps of those who came before them. Now patent law doesn’t actively exclude them from protecting their inventions – and fully contributing to American progress.

Shontavia Johnson, Professor of Intellectual Property Law, Drake University


Let America be America again

Let America be America again

Video Courtesy of Charles Belfor




Building a fan base










Making enemies at home





AP Photo


    Let America be America again.
    Let it be the dream it used to be.
    Let it be the pioneer on the plain
    Seeking a home where he himself is free.

    (America never was America to me.)



  What happens to a dream deferred?

  Does it dry up
  like a raisin in the sun?
  Or fester like a sore—
  And then run?
  Does it stink like rotten meat?
  Or crust and sugar over—
  like a syrupy sweet?

  Maybe it just sags
  like a heavy load.

  Or does it explode?




Jason Miller, Professor of English, North Carolina State University


A brief history of black names, from Perlie to Latasha

A brief history of black names, from Perlie to Latasha

Black names have changed over the centuries.

Most people recognize that there are first names given almost exclusively by black Americans to their children, such as Jamal and Latasha.

While fodder for comedians and social commentary, many have assumed that these distinctively black names are a modern phenomenon. My research shows that’s not true.

Long before there was Jamal and Latasha, there was Booker and Perlie. The names have changed, but my colleagues and I traced the use of distinctive black names to the earliest history of the United States.

As scholars of history, demographics and economics, we found that there is nothing new about black names.

A 2012 ‘Key & Peele’ sketch poked fun of historically black names.

Black names aren’t new


Historical evidence does not support this belief.


We used federal census records and death certificates from the late 1800s in Illinois, Alabama and North Carolina to see if there were names that were held almost exclusively by blacks and not whites in the past. We found that there were indeed.


What were the black names back then?

We were interested to learn that the black names of the late 1800s and early 1900s are not the same black names that we recognize today.

The historical names that stand out are largely biblical such as Elijah, Isaac, Isaiah, Moses and Abraham, and names that seem to designate empowerment such as Prince, King and Freeman.

These names are quite different from black names today such as Tyrone, Darnell and Kareem, which grew in popularity during the civil rights movement.

Once we knew black names were used long before the civil rights era, we wondered how black names emerged and what they represented. To find out, we turned to the antebellum era – the time before the Civil War – to see if the historical black names existed before the emancipation of slaves.

Since the census didn’t record the names of enslaved Africans, this led to a search of records of names from slave markets and ship manifests.



By the eve of the Civil War, the racial naming pattern we found for the late 1800s was an entrenched feature in the U.S.

Company E was the fourth U.S. Colored Infantry during the Civil War.
Everett Historical/

Why is this important?

Black names tell us something about the development of black culture, and the steps whites were taking to distance themselves from it.

Scholars of African American cultural history, such as Lawrence W. Levine, Herbert Gutman and Ralph Ellison, have long held that the development of African American culture involves both family and social ties among people from various ethnic groups in the African diaspora.

In other words, people from various parts of Africa came together to form black culture as we recognize it today. One way of passing that culture on is through given names, since surnames were stolen during enslavement.

How this culture developed and persisted in a chattel slavery system is a unique historical development. As enslavement continued through the 1800s, African American culture included naming practices that were national in scope by the time of emancipation, and intimately related to the slave trade.

Since none of these black names are of African origin, they are a distinct African American cultural practice which began during enslavement in the U.S.

As the country continues to grapple with the wide-ranging effects of enslavement in the nation’s history, we cannot – and should not – forget that enslavement played a critical role in the development of black culture as we understand it today.


Trevon Logan, Hazel C. Youngberg Distinguished Professor of Economics, The Ohio State University
