Even relatively privileged Black women like Nellie Mossell, wife of Dr. Nathan F. Mossell, were affected by these dynamics. In 1894, she wrote The Work of the Afro-American Woman, listing patented inventions by Black women. However, it turned out many had not secured patents. Mossell noted, “Many unique inventions are now in the possession of Afro-American women too poor to secure patents.” Beyond financial precarity, married women risked their husbands taking credit for or owning the proceeds of their inventions until "relief laws" in the late 19th century allowed them to hold separate assets.

Furthermore, the Patent Office remains a fee-funded government agency, creating capitalistic barriers for those without the means to finance the lengthy patenting process. As with the General Agreement on Tariffs and Trade (GATT) legislation, applicants must pay 17 years of patent fees during the “pendency period” to the U.S. Patent and Trademark Office. Additionally, to obtain a patent, applicants must carefully construct their statements, often with the help of an intellectual property agent or lawyer. The applications are evaluated on three levels:

1. Novelty

2. Usefulness

3. “Unobviousness”

There are three basic types of patents: utility patents, design patents, and plant patents (pg. xxxvii). Despite navigating this rigorous process, few patent holders become rich, as they need to either run a successful business to market their product or convince a larger corporation to buy the rights.

Other forms of claiming innovation, which may be less financially and time-exacting, include copyrights and trade secrets. As noted by Sluby (2004), “While a copyright is a form of protection given by law to authors of literary, dramatic, musical, artistic, and other intellectual works, and a trade secret is given protection by a state for a secret that is substantial and valuable, a patent is granted by the government to an inventor to bar others from making, using, or selling the invention throughout the United States” (pg. xxxvii).

Despite these legal protections, broader cultural recognition for Black patentees and ingenuity has been uneven. Sluby stated, “The names of African Americans have generally been excluded from publication lists that highlight inventors” (pg. xxiv). Such celebratory texts often recite well-known figures of patriotism, excluding many Black inventors. For instance, THEY MADE AMERICA: From the Steam Engine to the Search Engine – Two Centuries of Innovation (2004) by Harold Evans, Gail Buckland, and David Lefer, advised by three academic historians, includes only three Black Americans among over 30 influential inventors: Garrett Morgan (gas mask), Sarah Breedlove / Madam C.J. Walker (hair products), and Russell Simmons (hip-hop). This uneven recognition in educational and popular media impacts both the marketplace and community identity.

In the coming six sections, my literature review will highlight the impactful stories of Black inventors, focusing on the places associated with these “famous” individuals and the sites of their inventive contributions. This synthesis will draw from two of the most deeply researched books on the subject published in the 21st century, both referencing the earliest texts. Specifically, I will reorganize the narrative presented by Sluby into the time periods defined by historian Carroll Pursell in A Hammer in Their Hands (2005). Pursell’s narrative frame is invaluable for moving beyond an annual or occupational approach to this story, instead considering shifts in economic development and politics. This reorganization aims to reposition Africans and women of color at the core of major economic narratives while also addressing the role of geography. These sources may also guide preservationists in highlighting places with hidden associations with Black heritage.