Later, both Joseph and Jefferson Davis attempted to patent the device in their names but were denied because they were not the "true inventor." After Jefferson Davis later was selected as President of the Confederacy, he signed into law the legislation that would allow slaves to receive patent protection for their inventions. On June 28, 1864, Montgomery, no longer a slave, filed a patent application for his device, but the patent office again rejected his application.
This led to both Joseph and Jefferson Davis attempting to secure patent rights for their device in their own names, but they were ultimately unsuccessful because they were not the actual creators. Following Jefferson Davis's later appointment as President of the Confederate States, he authorized legislation that would enable slaves to receive patent protection for their inventions. As a result, Montgomery, who was no longer a slave, submitted a patent application for his device on June 28, 1864, but it was again rejected by the patent office.