Alexander Graham Bell - Patent Thief? 280
DynaSoar writes "MSNBC is carrying an AP article reviewing a book, due out January 7, that claims to show definitive evidence that Bell stole the essential idea for telephony from Elisha Gray. Author Seth Shulman shows that Bell's notebooks contain false starts, and then after a 12-day gap during which he visited the US Patent Office, suddenly show an entirely different design, very similar to Gray's design for multiplexing Morse code signals. Shulman claims that Bell copied the design from Gray's patent application and was improperly given credit for earlier submission, with the help of a corrupt patent examiner and aggressive lawyers. Shulman also claims that fear of being found out is the reason Bell distanced himself from the company that carried his name. And if Gray Telephone doesn't seem to roll off the tongue, Shulman also noted that both of them were two decades behind the German inventor Johann Philipp Reis, who produced the first working telephony system."
Actually... (Score:5, Insightful)
Yeah, but Gray didn't invent the telephone.... (Score:5, Insightful)
Re:Antonio Meucci invented the t (Score:5, Insightful)
Rubbish (Score:3, Insightful)
So Bell's patent could have been a process to transmit sound along wires. He didn't need to prove it was possible.
There's been many patents lodged that haven't been made into a product, only for someone else to implement the same idea years later.
Re:The most interesting thing about this controver (Score:2, Insightful)
Re:The most interesting thing about this controver (Score:4, Insightful)
The problem here is that you are putting too much value on ideas. Ideas aren't really worth that much. If anything, its the implementation of the ideas that is worth something. Ideas are a dime a dozen.
Re:Common Sense for Patents (Score:3, Insightful)
Re:The most interesting thing about this controver (Score:5, Insightful)
The reason for the patent system is to keep people from hiding their ideas away. The alternative to the patent system isn't free information, but severely protected, jealously guarded information. Products would be more expensive, because you'd have to safeguard the ideas that went into them by building misdirection into the product. Ideas could actually be lost, in cases where the inventor dies with his secret, which, of course, he'd be unable to share with anyone without endangering his livelihood.
I don't disagree that the patent system is completely screwed up right now, but the solution is not to throw it away. It has a purpose.
Re:The most interesting thing about this controver (Score:4, Insightful)
Contrast this with the efforts of such as Tesla, and you see an example of genius at work. Genius is about intuition. It's about having a massive jumble in your head that you assemble into a coherent system by deduction, then test afterwards.
Patents are about protecting people like Edison and those who make science a clever trick to hold over your fellow man and money off them. It's about protecting them from people like Tesla, who are idealistic and want to communicate the truths they see to be self-evident and see them exploited to the greatest degree possible, even if there's nothing in it for them.
Patents are, and have always been, economic weapons used to keep other people from knocking the King of the Castle down from his perch. They are uniformly bad for progress.
Re:The most interesting thing about this controver (Score:5, Insightful)
It is both.
The phonograph is actually a prime example of the Great Man idea. No one was really working on the idea of recording sound until Edison invented the phonograph.
The incandescent light bulb, the airplane, and radio where all inventions that where well on the way.
The real answer is that sometimes it is a brilliant flash from the blue and other times it is a lot of great people working on a problem and one of them gets there first.
eh...who cares, the system was and is corrupt. (Score:3, Insightful)
The system needs to be reformed, any patent help by someone not actually using that patent to make available an actual product based on that patent needs to loose the patent. DONE. Going forward NO patents for anything that doesn't actually exist, and work. You have oh say 5 years from the filing of the patent to put the damn thing on the market, or it becomes invalid. If it goes off the market the patent also becomes invalid.
No more of these patent IP holding companies that come out of no place when someone works up a brilliant concept to which they can then under some insanely broad banner claim rights to the idea.
Re:The most interesting thing about this controver (Score:3, Insightful)
Even then, scientists and inventors were not that insular -- the foundations of all of these discoveries had been slowly generating through previous works. In more recent times, the communication within the scientific community makes this standard -- WW2 through the Cold War is full of examples where the same thing was invented twice.
Re:The most interesting thing about this controver (Score:3, Insightful)
Re:The most interesting thing about this controver (Score:5, Insightful)
Edison was more commercial, but again, you simply cannot use that fact to discount his contribution or the number of inventions he and his team created. The breakthrough with the lightbulb wasn't knowing how to make a lightbulb -- everyone in the field had the basic idea already -- it was findng a filament that didn't burn out after ten seconds. Edison's team tried THOUSANDS of filaments before they found one that worked. By applying brute force, Edison and his team did more good than any number of people who had great ideas but couldn't productize them.
You mean... (Score:2, Insightful)
Re:Common Sense for Patents (Score:4, Insightful)
I'm not sure what this means.
Keep all submissions secret for X [days|weeks|months]
Oh, I disagree. I think that the PTO should publish all submissions immediately, regardless of whether or not they ultimately are patented. First, because government business should always be done in the open if at all possible. Second, because if an inventor tries to submit an invention and only later withdraws it (perhaps after he decides he'd rather not publish at all) then I don't see why we should honor his wishes to such an extent that he can avoid publication. Third, because rival inventors should be able to be informed about what the PTO is actually doing on a day-to-day basis.
If two submissions are received for the same "invention" within this timeframe, then disallow it as obvious
Well, that would be grossly different from what obviousness has meant in the past. Traditionally, an invention is obvious if any person having ordinary skill in the art (e.g. a generic electrical engineer) and a comprehensive knowledge of prior art and absolutely no imagination whatsoever, could reasonably have made the invention at that time.
That two people have a brilliant idea at the same time isn't obviousness, it's just coincidence.
To help facilitate a baseline for obvious, allow the general public to submit their obvious ideas at no charge (no need to check this overwhelming amount of info - but keep it handy for posterity).
Why? And who cares? Ideas are not patentable; only inventions are. An invention might have originated from an idea, but it is far more mature. Basically, an idea is pie-in-the-sky wishing, while an invention can actually work. People dreamt of flying via machines since classical Greece, at least, but that doesn't mean that that should have meant anything when we finally figured it out.
Require patent applicants to outline the level of investment necessary to realize a given patent - the system was designed to protect the investments of entrepreneurs so, if little to no investment is required, then there is no need for a patent on a given idea. Also, patent suit awards could be derived from this information accordingly.
I disagree. The application process fulfills this role already. It's time-consuming to file for a patent, and often somewhat costly. This means that if an inventor doesn't himself think that the invention is economically worth the trouble, he won't bother, and the invention will just be in the public domain rapidly, if anything happens. Since you're only increasing the applicant's burden, this won't change anyway. If he feels that he can recoup the costs of getting the patent, plus make enough of a profit that it outweighs his best alternative, then he'll pursue one. You don't need to do anything here, and for God's sake, you don't want to weed out the starry-eyed inventors who have no grasp on finances. We want their inventions to be publicized, regardless of whether they're really viable.
There's a number of things that can improve the system, but not these, IMO.
Patents don't promote disclosure (Score:5, Insightful)
And since disclosing ideas before they are patented is harmful to getting a patent, the patent system actually discourages disclosure and promotes secrecy.
Society gets the worst possible deal - monopolies in exchange for ideas that would become public knowledge anyhow, and increased secrecy in areas where collaboration is needed for innovation.
It's not a sane system. It exists because of the logic of power and money and history, not economic logic.
Re:The most interesting thing about this controver (Score:1, Insightful)
Oh, like fusion?
Re:Common Sense for Patents (Score:1, Insightful)
For the mechanical device, an expensive infrastructure investment - custom machinery and so on - may be needed needed to manufacture it. For the software algorithm, if properly documented, an evening of coding will do the trick, and millions of copies can be produced instantly.
Re:The most interesting thing about this controver (Score:2, Insightful)
in terms of history at large, i don't know that it is so easy to say that the individual does not account for the majority of the history. looking at post ww1 germany, it is clear that almost any strong-minded person could have stepped in and scapegoated any aspect of german society. this occurred similarly in spain, post spanish-american war. low and behold, both countries ended up under the tyranny of fascism. of course, we know that while the inception was similar, the outcomes of the two countries were certainly different. - on a side note, here, ww2 is constantly referred to as the war that ended fascism, though franco was the de facto king of nationalist/fascist spain until the mid 1970s.
so, it may be true to say that it is circumstance (determinism) that is the greatest father of history, but also that individualism (or the "great man" as it was put) certainly changes outcome.
Re:The most interesting thing about this controver (Score:4, Insightful)
That's not true.
Religion is a set of rules governing behavior of a human population. Religions are not subject to scientific testing, because you'd need to study a population of humans over several generations, with a control, and you'd be dead before the experiment was half over.
That's what makes them so much more interesting, debatable, and generally difficult to deal with than science. All you have to work with is deduction, observation of the aftermath of a bunch of experiments started by men long dead, and no control group. Yet, this problem domain is the most important there is, because it governs how we live.
Just because you like your problems neat and tidy, provable and falsifiable, that doesn't mean the world is obligated to reduce itself to your level.
Re:The most interesting thing about this controver (Score:3, Insightful)
Think about what we know of Scientology, outside the complete storyline, everything else exists or has existed in some form throughout human history. We have had con men preying on people suffering from depression and significant events in people's lives. Scientology does this. It created some story to draw people in a sort of make believe world, Look at WoW or Star Wars or a number of other stories. It uses force to keep people inside the organization in line and there is quite a bit of speculation that this extends to people outside it. Look to the mafia, gangs, older religions, some governments and so on. I'm willing to bet that there isn't one thing inside or dealing with the church of Scientology that isn't directly and accurately comparable to something else that has already happened before it's formation. It is difficult to make comparisons that are accurate and undistorted but I'm thinking there wouldn't be too much of a problem here.
I think the most unique thing L Ron was able to do is group them all together and get the government to recognize it as a human right in the form of a religion. Without that last tidbit, it would just be a cult several levels more complexed then the Church/cult of the Flying Spaghetti Monster. Of course there would be differing degrees of evilness and righteousness. Make up your own mind on which is where.