Tr Famous Quotes

Before he could start writing Kilby’s application, though, Mosher had to resolve a fundamental tactical question. Anyone who applies for a patent has to decide whether he needs it for offensive or for defensive purposes—whether, to use lawyers’ favorite metaphor, he wants his patent to be a sword or a shield. The decision usually turns on the novelty of the invention. If somebody has a genuinely revolutionary idea, a breakthrough that his competitors are almost sure to copy, his lawyers will write a patent application they can use as a sword; they will describe the invention in such broad and encompassing terms that they can take it into court for an injunction against any competitor who tries to sell a product that is even remotely related. In contrast, an inventor whose idea is basically an extension of or an improvement on an earlier idea needs a patent application that will work as a shield—a defense against legal action by the sword wielders. Such a defensive patent is usually written in much narrower terms, emphasizing a specific improvement or a particular application of the idea that is not covered clearly in earlier patents. Probably the most famous sword in the history of the patent system was the sweeping application filed on February 14, 1876, by a teacher and part-time inventor named Alexander Graham Bell. That first telephone patent (No. 174,465) was so broad and inclusive that it became the cornerstone—after Bell and his partners had fought some 600 lawsuits against scores of competitors—of the largest corporate family in the world. In the nature of things, though, few inventions are so completely new that they don’t build on something from the past. The majority of patent applications, therefore, are written as shields—as improvements on some earlier invention. Some of the most important patents in American history fall into this category, including No. 586,193, “New and Useful Improvements in Transmitting Electrical Impulses,” granted to Guglielmo Marconi in 1898; No. 621,195, “Improvements in and Relating to Navigable Balloons,” granted to Ferdinand Zeppelin in 1899; No. 686,046, “New and Useful Improvements in Motor Carriages,” granted to Henry Ford in 1901; and No. 821,393, “New and Useful Improvements in Flying Machines,” granted to Orville and Wilbur Wright in 1906.

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