Henry Baker -- USA

Henry Baker was an assistant patent examiner at the U.S. Patent Office who was dedicated to uncovering and publicising the contributions of Black inventors.

Since the 1830s, when Anthony Bowen became the first black patent clerk, thousands of African-Americans have served at the USPTO. Around 1900, the Patent Office conducted a survey to gather information about Black inventors and their inventions.  Letters were sent to patent attorneys, company presidents, newspaper editors, and prominent African-Americans.  Henry Baker recorded the replies and followed-up on the leads.  Baker’s research also provided the information used to select Black inventions exhibited at the Cotton Centennial in New Orleans, the World’s Fair in Chicago, and the Southern Exposition in Atlanta.  By the time of his death, Henry Baker had compiled four massive volumes.

Hidden Inventions.  Just as there was disagreement over the issue of slavery, there was also disagreement over whether a slave should be allowed to hold a patent.  Some people believed that whoever the inventor was they should be allowed to patent their device, whether or not that person was free or a slave.  Others said that, because a slave was the master's property, anything that a slave produced, including ideas belonged to the master.  It should be remembered that it was unlawful for slaves to be taught to read and write.  Any slaves found reading, writing or teaching others, would be harshly punished or killed.  A white person found to be teaching slaves could be severely rebuked and may have to leave that town or state through harassment.

In 1857, a slave owner named Oscar Stewart applied for a patent on something one of his slaves had invented.  Stewart argued that he owned all the results of his slave's labour, whatever it may be. Despite the laws, the Patent Office agreed and the patent was granted, giving Stewart credit for the invention.  The slave who invented the cotton-processing device is mentioned in the patent only as "Ned."

Because of the decision in the Stewart case, the patent law was changed to say that a slave could not hold a patent.  When the Confederate States broke away from the United States in 1861, the Confederate government surprised many people by once again allowing slaves to hold patents.  However, after the Civil War, the patent law was changed again, specifying that all people throughout the United States had the right to patent their own inventions.  Although free Black inventors were legally able to receive patents most did not, some feared that recognition and the prejudice that would come with it would destroy their livelihoods, or take their life.