The Growth of Chemical Patents J O S E P H F L E I S C H E R , Chemical
and Patent
Consultant,
Olin Industries,
Inc.
N o other field has enjoyed such rapid patent growth during the past few decades with the probable exception of electronics
JL HE present study of the growth of U. S. a n d foreign patents of chemical interest presents data illustrating the increasing importance of chemistry during the first half of the 20th century. Interesting contrasts show u p in the pattern of g r o w t h during t h a t time of United States, British, and German chemical patents. Another highlight is a gratifying substantiation of the amazing b r e a d t h of coverage provided by Chemical Abstracts. Its listings of U . S. chemical patents have been especially extensive and thorough, probably more so than generally appreciated. Also, CA has carried abstracts of more British, F r e n c h , and German patents in many of its years of publication than any other available chemical abstract journal. Statistical studies of patents have usually b e e n based on the number of patents issued yearly. However, the significance of such d a t a has been open to question in some respects (6). In the present paper, t h e d a t a illustrating growth have been presented in terms of the percentage of the issued patents which are of chemical interest, rather than merely as numbers of issued patents. Table I contains a summary of the data which have b e e n compiled concerning United States, British, and German patents, first for t h e three-year period, 1907— 1909 inclusive, and then for the succeeding five year periods. These data a r e presented graphically in t h e chart on page 240. The a d v a n c e of chemistry is clearly reflected in the table and chart. I n the United States, the growth in the percentage of the p a t e n t s of chemical interest can be described as a change from about one patent in 30 in 1907-09 to o n e in five during 1 9 3 5 - 3 9 and since. In Great V O L U M E
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Britain, the percentage increased more rapidly and also attained higher values; the proportion of one patent in 20 during the first span was a b o u t doubled by 1 9 2 0 24 and redoubled in the succeeding five years. Since then, t h e proportion has been higher than one patent in five, reaching the figure of one in four during 1945. T h e
T a b l e I.
statistics on German patents reveal a quick increase to 229c b y 1915-16, and then a decrease from 19.6% in 1929 to 17.6% during 1935-39, t h a t is, to t h e same value which had been r e a c h e d during 1910-14. T h e final period f o r which d a t a are available, 1940-43, s a w a return t o 2 1 . 1 % . It seems likely that n o other field h a s
G r o w t h o f United States, British, and G e r m a n P a t e n t s of Chemical I n t e r e s t
Years (Inclusive)
Total Patents
Chemical Patents
United States* 1907-09 1910-14 1915-19 1920-24 1925-29 1930-34 1935-39 1940-44 1945-48 +
105,21 1 178,202 203,687 194,691 220,591 243,697 199,292 1 80,984 103,846
3,370 10,690 10,640 13,490 22,100 37,850 39,650 36,610 20,965
3, 6. 5. 6. 10. 15, 20, 20, 20,
89,200
50,000 30,000
4,440 8,580 5,400 8,7^0 17,270 23,490 23,930 10,780 7,050
5.0 5.9 9.3 9.7 19.2 23.5 23.9 21.5 23.5
40,000 60,000 1 5,000
3,250 10,550 3,310
•8. 17. 22.1
1 0,000
1,960 23,1 50 14,090 11,830
19. 19. 17. 21.
British 6 1907-09 1910-14 1915-19 1920-24 1925-29 1930-34 1935-39 1940-44 1945-47 +
145,700 58,300 90,000 90,000 1 00,000 1 00,000 -
German0 1907-09 1910-14 1915-16 1 929 1930-34 1935-39 1940-43 + a 6 c
1 20,000 80,000
56,000
Chemical Patents
U. S. Patent Nos. 839,799-2,470,000. Reissue Patents not included. British Patents 1 9 0 7 - 1 5 , inclusive, plus Nos. 1-600,000. German Patent Nos. 1 80,000-746,000.
» » JANUARY
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drops, distilling (some 160 patents), oils, ointments, paints, pills, salt, spot removers, sugar, and vinegar. Although many of them would still be grouped as chemical, some of them, like the following, w o u l d seem to be more of interest to chemists than of chemical interest.
GROWTH OF U.S., BRITISH AND GERMAN CHEMICAL PATENTS
Medicine, cure for the bite of a m a d dog, E . Stoy, executrix of William Stoy, June 9, 1809. Magic lotion, John Hopkins, Aug. 2 4 , 1809. Relieving toothache by steam, Merritt & Rogers, D e c . 27, 1815. Elixir of life, Jules RUQCO, March 2 9 , 1817. Restoring sour or musty beer or ale, Moses Granger, Jan. 11, 1832. Panacea, Jacob Houck, May 9, 1833. Self-igniting cigars, John March, April 16, 1834.
I enjoyed such rapid patent growth with the probable exception of electronics during the past few decades. Generally, the issue date of a patent is several years later than the date of the invention. It should be noted that the table and chart allocate the inventions to the years during which the patents were issued. In some cases, patents have been taken out in more than one country on the same invention. Since there was no practical way of eliminating such duplications from the data, the indicated percentages in the table and chart are somewhat higher than they would be if limited to patents on domestic inventions. T h e present compilation of data has been made possible by the availability of CA's annual Numerical Patent Index for recent years and the two cumulative volumes covering the earlier years ( i , 5 ) . T h e writer has previously reported an independent check which indicates quite thorough coverage by CA of United States patents of chemical interest ( 4 ) . The "Chemical Patents Index" was prepared some years ago by a group under E. C. Worden in order "to cover in detail . . . the chemical subject matter of all of the United States patents granted during the 10-year period Jan. 1, 1915, to Dec. 31, 1924" ( 7 ) . The preface to this book states that the patents were selected for indexing on the basis of the claim or claims printed in the Official Gazette "if it appeared from the statements therein that the patent might contain subject matter of a chemical nature." A total of 22,882 patents were thus selected for indexing; CA abstracted 24,130 patents issued during that period. Many other experiences in numerous and varied patent searches have led consistently to the
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conclusion that CA has provided remarkably thorough and reliable coverage of U. S. chemical patents. The Worden preface also touched upon some of the difficulties met in the study of chemical patents. One patent, "a dissertation upon the cellulose ether art," required 2756 index entries, so that the cost of "indexing this 10-cent patent exceeded $160." The heading or claims of patents were described as "often intentionally (?) involved and misleading for a definite purpose in the mind of the patentee, the real essence of the invention being perhaps hidden in an unobtrusive paragraph, and phrased in an inconspicuous manner." Then, there was further complaint that "the involved phraseology, obvious circumlocution, and deficiency in chemical knowledge apparent in the description of some inventions render their indexing in an intelligent and understanding manner a matter somewhat of guesswork." If such were the good old days, perhaps to some extent they are still with us. From 1836 to 1868, U. S. patents were classified by subject in 2 2 classes. Class 4 w a s entitled, "Chemical Processes, Manufactures, and Compounds, including Medicine, Dying, Color making, Distilling, Soap and Candle Making, Mortars, Cements, etc." A classified list of all U. S. patents was published in 1840 ( 2 ) . This volume listed some 12,100 patents, of which about 860 were grouped in Class 4, the chemical class. Thus, about 7% of the patents issued during the first 49 years of the U . S. patent system were of a nature considered chemical at that time. These patents dealt with such subjects as acids, alcohol, alembics, alum, bark extracts, candles, caoutchouc, cement, colors, cough
CHEMICAL
T h e British patent data are based on" CA figures, supplemented in appropriate instances b y totals derived from the annual numerical patent indexes of the Journal of the Society of Chemical Industries through 1925 and of British Chemical Abstracts for 1926--47 (inclusive). The larger total for a given year or span of patents was chosen for t h e ' table in each case. Substantially higher percentage values thus resulted in several periods, principally since 1940 and in the early spans, than would have been given by CA figures alone. CA's coverage of German chemical patents during its years of publication a p pears substantially complete excepting for German Patent No. 295,000 t o 4 8 0 , 0 0 0 issued during and immediately following World War I. Outside this gap, CA has consistently listed more German patents than has Chemisches Zentralblatt, almost twice as many with respect to patents issued during 1910-15 inclusive ( G . P . No. 220,000 to 290,000) and about a third more with respect t o patents issued during 1929-39 inclusive (G.P. No. 4 8 0 , 000 to 680,0000. It can b e estimated that the percentage value filling in the gap in the table during 1917-28 would amount to about 2 0 % . This figure results from the fact that Chem. Zentra. abstracted 24,550 patents in the span, German Patent No. 290,000 to 4 9 0 , 000 and the assumption that 5 to 3 , t h e average of the above t w o ratios, is the applicable ratio. CA contains abstracts of French Patent N o . 250,000 to 850,000, in abundance except for the span, F. P. No. 400,000 to 635,000, issued during t h e World W a r I period. A portion of this gap can b e bridged by the use of Chemisches Zentralblatt, which has abstrated French patents in t h e range, F. P. No. 517,000 to 845,400. In t h e span covered by both journals, the numbers of patents abstracted for each successive group of 10,000 are quite close, the totals being 30,300 for CA and 2 9 , 650 for Chem. Zentra. A much smaller number of French patent abstracts has generally appeared in Chimie et Industrie. T h e data on French patents compiled from the CA and Chem. Zentra. numerical patent indexes are tabulated below:
AND
ENGINEERING
NEWS
J
OSEPH FLEISCHER'S growth and education started in Connecticut, continued in Ohio and Illinois, and has b e e n resumed in Connecticut. H e was a part of the research team at Frigidaire which successfully developed and introduced the fluoride refrigerants. During the depression of the '30's the usefulness of chemists in the automobile industry h a d to be transferred to other careers, and in this case it went to cellulose chemistry in ;ari organization which later became Olin Industries. For the past 15 years h e has engaged in b a t h chemistry and patent work at Olin,.
Table II. French Chemical Patent Statistics" TOTAL PATENTS
YEARS
ill a
%
Chemical
CHEMICAL PATENTS
20,000
755
60,000 100,000 100,000 70,000
4,42*0 10,470 14,500 12,310
PATENTS
3.8 ( 3 . 8 ) 7.4 10.5 14.5 17.6
(8.6) (16.0) (16.0) (19.5)
French Patent Nos. 3 8 0 , 0 0 0 - 8 5 0 , 0 0 0
The figures in parentheses indicate t h e maximum percentages encountered in any consecutive group of 10,000 patents within each span. These figures may give some indication that the French patents h a v e not been consistently covered as thoroughly as those previously discussed. Analysis of CA abstracts of USSR patents indicates that while the range extends from Russian Patent No. 1 (Sept. 15, 1 9 2 4 ) to 69,888 (Oct. 3 1 , 1 9 4 7 ) , there are numerous gaps of considerable extent. Through 1949, CA abstracted some 5 9 0 0 of these patents, while Chem. Zentra. listed 4 3 5 0 during the years 1925 through 1939. Many of the CA—listed patents represent numerical groups which appear to h a v e b e e n pretty well covered. These lead to t h e following data, which extend sufficiently over the entire range to indicate a fairly rapid growth in the percentage of the patents of chemical interest.
Table III.
Russian Chemical Patent Statistics %
PATENT N O .
RANGE
4,000-5,000 23,000-24,000 31,000-32.000 46,000-47.000 51,000-53,000 64.000-69,000
YEAR
CHEMICAL PATENTS
11 12 14 18 22 20
1928 1931 1933 1936 1937 1946
Many patents of other countries have been abstracted by CA, generally with emphasis placed on inventions of chemical interest by residents. It can readily be appreciated that while much has been accomplished, complete coverage by CA w a s not possible in this area, even apart from budgetary limits and the disruption atV O L U M E
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tending t w o world wars. Belgium has not printed its patents, nor d i d Canada until quite recently. Language difficulties, as in the case of Japanese patents, have been another obstacle. W h e n neither copies of patents nor patent office journals were o b tainable, as with most of the Russian patents, t h e publication of abstracts has been impossible. Sufficient data are, therefore, not available for t h e other countries to permit any conclusive analysis. Thus, successive groups of 10,000 Canadian patents, starting w i t h N o . 200,000, are generally represented in CA b y about 4 0 0 abstracts each, with only t w o such groups having the maximum of close to 900. The percentage of Swiss patents abstracted by CA has generally b e e n well below 10%, but high spots occur in t h e ranges, No. 7 7 , 0 0 0 to 79,000 ( 1 6 % ) , 126,000 t o 128,000 ( 1 7 % ) , and 134,000 to 135,000 ( 1 6 % ) . It can b e hoped that it will yet prove possible in the next 10-year CA Numerical Patent Indexes to publish data permitting comparison on a fully international scale of chemical contributions toward more n u trition, improved shelter, and better life for mankind. "Not ideal, but the best you can find anywhere," purported to have been said of weather conditions, is a comment which the present patent study indicates to b e applicable to CA among the chemical abstract journals. A set of Chemical Abstracts, complete with cumulative index volumes, is an asset indeed, worthy of esteem as an indispensable treasure-chest of knowledge, to conscientious work in chemistry and particularly in t h e field of chemical patents. CA contains between its covers the essence of hundreds of thousands of patents. This information, expanded in detail since 1945, is available to the seeker through relevant subject index entries or the inventor's name or the patent number. It is b y no means a rare experience to find that a search leads expeditiously to the desired goal and, at the same time, bestows additional rewards. These may consist of unexpected references to earlier publications on t h e subject or to equivalent patents issued in other countries, which are indicated b y cross-references accompanying the abstracts or which are located during the search of the inventor or subject index.
• J A N U A R Y
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Unexpected rewards come also t o modern readers of our patent office reports of a century ago. This one, for example, has found an appropriate concluding passage there: "The earth is a laboratory, in which as a chemist man has tiardly begun t o operate. A few loose samples of what it is composed have b e e n partially analyzed, but t h e bulk is not y e t broken into. Then the infinity of processes ceaselessly and silently going on in organized and inert matter has to b e grappled with. A s a factory, too, furnished with implements and materials in superabundance, little has been done in it—nothing worth naming, in view of what has to b e done. T h e rich stock has b e e n neglected—not half of it has b e e n yet even seen—while forces for fabricating it have from the beginning of time been, some running to waste, others lying dormant for w a n t of b e i n g called up to labor. "When every force, latent and manifest, is brought into service and made t h e most of—when man has spread his influence over every foot of t h e earth's surface, and brought the stores beneath it within his reach—when m u n d a n e matter, in whatever form appearing, is m a d e to contribute to his ends—when t h e planet is wholly changed from its natural wildness, as a harbor for u n t a m e d brutes and noxious reptiles, into a fit theatre for cultivated intelligences—it will b e time enough t o speak of human advancement as culminating, and t h e arts as approaching the limits of perfection. "Till these things come to pass, instead of looking for no more discoveries, w e should be prepared for a constant succession of them. Prepared or not, they are sure to come; for the hosts of keen intellects interrogating nature in our own country, and the legions as busy in others, are not entreating h e r for nothing, nor for trifles" ( 3 ) . Literature Cited ( 1 ) Edwards, J. W . (Publisher), "Patent Index to Chemical Abstracts. 1 9 0 7 1936," Science-Technology Group, Special Libraries Association, Ann Arbor, Michigan ( 1 9 4 4 ) . ( 2 ) Ellsworth, Henry L., "A Digest of Patents, Issued by the United States, from 1 7 9 0 to Jan. 1, 1839," Peter Force, Washington, D. C , (1840). ( 3 ) Ewbank, Thomas, "Report of the Commissioner of Patents for the Year 1849," Part IV, p. 486, Senate Ex. D o c . N o . 15, 31st Congress, Washington, D. C. ( 1 8 5 C ) . ( 4 ) Fleischer, Joseph, "Exploring United States Chemical Patent Literature," Chapter in "Searching the Chemical Literature, Adv. in Chem. Series, No. 4 , " ACS, Washington, D. C. ( 1 9 5 1 ) . ( 5 ) "Numerical Patent Index to Chemical Abstracts. 1 9 3 7 - 1 9 4 6 , " ACS, Columbus, Ohio ( 1 9 4 9 ) ( 6 ) Schmookler, J., "The Interpretation of Patent Statistics," J. Patent Office Soc, 3 2 , pp. 123-46 ( 1 9 5 0 ) . ( 7 ) Worden, E. C ( E d . ) , "Chemical Patents Index" Vol. I, The Chemical Catalog Co., Inc., N e w York, N. Y. ( 1 9 2 7 ) . 241
