What Were These Women Up To?

Written by Karry MacDonald | 05 March 2009

Investigating patents issued to women, a decisive first stop on the journey, supplied important background information explaining the lack of women’s names in the early patent lists in America. The British Parliament established the current patent system in 1624. Early American Colonial patents were issued by only a few colonies and were good only within those boundaries. A patent from England applied to all its colonies and was therefore superior. However, England only accepted patent applications in a man’s name. Women inventors had to apply for patents using their husband’s or, in some cases, father’s name, therefore it would be exhausting to look up every patent to see if a wife or daughter was named in the application. It is not a broad leap to the conclusion that at least a few men applied for and gained patents from a woman’s inventiveness. And I suspect there might have been initials used by some women to disguise their gender. However, one name did emerge under early American women inventors - Sybilla Masters. In her husband’s name, Thomas, she applied for two patents, the first for a new method of grinding Indian corn using hammers as opposed to millstones; second, for a new way of weaving straw into hats (which all women wore in the colonies). Her husband, being notably honest, publicly acknowledged in the applications that Sybilla herself invented the processes. England issued these patents in 1715 and 1716, making her the first colonial woman to be issued a patent prior to the formation of the United States of America. I must add that she left her husband with their four children in Pennsylvania and traveled to London, alone, to submit the patent applications. She set up a hat shop, using her weaving method, and worked for three years waiting for the patents to be issued before finally returning home.

Following our country’s independence from England, the U.S. Patent Act was enacted in 1790, with the first U.S. Patent Office opening in 1793. The Patent Act was gender silent. Mary Kies, in 1809, received the first patent issued to a woman by the U.S. Patent Office. She patented a method of weaving straw with silk, which helped the bonnet industry economically sustain our country during the War of 1812. Naively, with the gender silent Patent Act, we thought we would begin to see women’s names amassing onto the patent lists. On the contrary, and for an explanation we then entered the legal history segment of our journey.  

Until 1900, American married women could not hold property in their names, including copyrights and profits from their patents. Nor could they enter into contracts. Before 1900, there prevailed the idea that wives, along with their earnings, were the “property” of their husbands. Interestingly, single women and widows enjoyed many of the same rights as men at that time, although they too would forfeit their property rights upon marriage.

Why would single women inventors bother to marry, you might ask. Sitting with enlightened minds in our rather comfortable office chairs today, this choice does not appear to be a difficult one. And the biographical information on many of these early women inventors reveals that they did remain single.

But the unequal laws were nothing compared to the cultural and societal expectations, biases, and belief that women did not have brains capable of scientific or mechanical inventions. And if they did possess this type of brain, it was considered unfeminine and searches for “feminine” attributes such as petite stature, sewing hobbies, etc. were included in their public descriptions. Institutions of advanced learning where mathematics, scientific research, or engineering were taught did not encourage female enrollment. Women could “dabble” in mechanical pursuits, but applying for a patent was putting your name out into the public eye, and that was considered unfeminine. The underlying entrenched belief that a woman’s only purpose was to keep a house for her husband and to bear him children continued. Unfortunately, and amazingly, this “purpose” continued well into the 20th century.

Even societal bias did not stop creative and inventive women. However, while married women were denied property rights because of marital status and seldom bothered to patent their inventions, for the unmarried or widowed woman inventor a successful invention held the promise of financial security.

Overcoming cultural stigma was only one hurdle women faced seeking a patent. The patent application process required the applicant to provide a working model of the invention, two copies of a diagram, and an affidavit, signed by the inventor and witnesses, stating that the invention was proven to be new and useful and that the inventor was truly the inventor. A prospective patentee also needed the services of an attorney or patent agent to represent her in transactions with the Patent Office. Of course, she needed the financial means to pay for everything. Not just the application fees, but also the fees for the attorney or patent agent, a draftsman (unless the woman was a self-taught in drafting), and engineers and materials to build the model.

Without independent means of financial backing, married women were at the mercy of their husbands as financiers. If the invention looked profitable to men, the money was found. If the invention was “merely” for domestic use in the home, money was harder to find.

Subjected to the home and “women’s work”, willingly or not, women created many inventions to ease the never-ending workload they endured daily. Yes, most were improvements in clothing (those damn corsets), or stoves, butter churners and the like, but not all inventions were for the home.

In 1810, Tabitha Babbitt invented the first circular saw to be used in a sawmill (in America). Because of her Shaker beliefs, she did not seek publicity with a patent, but her invention greatly improved the efficiency of the American lumber industry. Sarah Mathers invented the submarine telescope and lamp in 1845.

Many thanks to Karry MacDonald for sharing what she learned about American Women Inventors as we celebrate National Women’s History Month.The second installation of What Were These Women Up To in the April issue of Information Press.

When not questioning authority, Karry might be found homeschooling her children, practicing Hula, or with her bow at the archery range.