Old English Patent Medicines in AmericaGriffenhagen, George B.
History
Old English Patent Medicines in America
Griffenhagen, George B.
Patent medicines
The practice of patenting had begun in royal prerogative. Long
accustomed to granting monopoly privileges for the development of new
industries, the discovery of new lands, and the enrichment of court
favorites, various monarchs in 17th-century Europe had given letters
patent to proprietors of medical remedies which had gained popular
acclaim. In France and the German States, this practice continued well
through the 18th century. In England, where representative government
had progressed at the expense of the personal prerogative of the
sovereign, Parliament passed a law in 1624 aimed at curbing arbitrary
actions like those of James I and Charles I. The statute declared all
monopolies void except those extended to the first inventor of a new
process of manufacture. To such pioneers the king could grant his
letters patent bestowing monopoly privileges for a period of 14 years.
That the machinery set up by this law did not completely curb the
independence of English sovereigns in the medical realm is indicated by
the favor extended Dr. Weir, who successfully sought from James II a
privileged position for Anderson's Scots Pills. This kingly grant is
not included in the regular list, and the Glorious Revolution of 1688
brought an end to such an exercise of royal power without consent of
Parliament. A list of patents in the medical field later published by
the Commissioners of Patents[4] includes only six issued during the
17th century, four for baths and devices, one for an improved method of
preparing alum, and one for making epsom salts. The first patent for a
compound medicine was granted in 1711, and only two other proprietors
preceded Benjamin Okell in seeking this particular legal form of
protection and promotion.
Public-domain text, read in full here on John Shaqi.
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