The Black Flag - 1

The Black Flag - 1

THROUGHOUT the forty-odd years of his creative life, Edison has realized by costly

experience the truth of the cynical proverb that "A patent is merely a title to a lawsuit." It

is not intended, however, by this statement to lead to any inference on the part of the

reader that HE stands peculiarly alone in any such experience, for it has been and still is

the common lot of every successful inventor, sooner or later.

To attribute dishonesty or cupidity as the root of the defence in all patent litigation would

be aiming very wide of the mark, for in no class of suits that come before the courts are

there any that present a greater variety of complex, finely shaded questions, or that

require more delicacy of interpretation, than those that involve the construction of

patents, particularly those relating to electrical devices. Indeed, a careful study of legal

procedure of this character could not be carried far without discovery of the fact that in

numerous instances the differences of opinion between litigants were marked by the

utmost bona fides.

On the other hand, such study would reveal many cases of undoubted fraudulent intent, as

well as many bold attempts to deprive the inventor of the fruits of his endeavors by those

who have sought to evade, through subtle technicalities of the law, the penalty justly due

them for trickery, evasion, or open contempt of the rights of others.

In the history of science and of the arts to which the world has owed its continued

progress from year to year there is disclosed one remarkable fact, and that is, that

whenever any important discovery or invention has been made and announced by one

man, it has almost always been disclosed later that other men --possibly widely separated

and knowing nothing of the other's work--have been following up the same general lines

of investigation, independently, with the same object in mind. Their respective methods

might be dissimilar while tending to the same end, but it does not necessarily follow that

any one of these other experimenters might ever have achieved the result aimed at,

although, after the proclamation of success by one, it is easy to believe that each of the

other independent investigators might readily persuade himself that he would ultimately

have reached the goal in just that same way.

This peculiar coincidence of simultaneous but separate work not only comes to light on

the bringing out of great and important discoveries or inventions, but becomes more

apparent if a new art is disclosed, for then the imagination of previous experimenters is

stimulated through wide dissemination of the tidings, sometimes resulting in more or less

effort to enter the newly opened field with devices or methods that resemble closely the

original and fundamental ones in principle and application. In this and other ways there

arises constantly in the United States Patent Office a large number of contested cases,

called "Interferences," where applications for patents covering the invention of a similar

device have been independently filed by two or even more persons. In such cases only

one patent can be issued, and that to the inventor who on the taking of testimony shows

priority in date of invention.[20]

[20] A most remarkable instance of contemporaneous invention and without a parallel in

the annals of the United States Patent Office, occurred when, on the same day, February

15, 1876, two separate descriptions were filed in that office, one a complete application

and the other a caveat, but each covering an invention for "transmitting vocal sounds

telegraphically." The application was made by Alexander Graham Bell, of Salem,

Massachusetts, and the caveat by Elisha Gray, of Chicago, Illinois. On examination of the

two papers it was found that both of them covered practically the same ground, hence, as

only one patent could be granted, it became necessary to ascertain the precise hour at

which the documents were respectively filed, and put the parties in interference. This was

done, with the result that the patent was ultimately awarded to Bell.