Edison: His Life and Inventions

by Frank Lewis Dyer; Thomas Commerford Martin

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]

[Footnote 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.]

In the opening up and development of any new art based upon a fundamental discovery or invention, there ensues naturally an era of supplemental or collateral inventive activity—the legitimate outcome of the basic original ideas. Part of this development may be due to the inventive skill and knowledge of the original inventor and his associates, who, by reason of prior investigation, would be in better position to follow up the art in its earliest details than others, who might be regarded as mere outsiders. Thus a new enterprise may be presented before the world by its promoters in the belief that they are strongly fortified by patent rights which will protect them in a degree commensurate with the risks they have assumed.

Supplemental inventions, however, in any art, new or old, are not limited to those which emanate from the original workers, for the ingenuity of man, influenced by the spirit of the times, seizes upon any novel line of action and seeks to improve or enlarge upon it, or, at any rate, to produce more or less variation of its phases. Consequently, there is a constant endeavor on the part of a countless host of men possessing some degree of technical skill and inventive ability, to win fame and money by entering into the already opened fields of endeavor with devices and methods of their own, for which subsidiary patents may be obtainable. Some of such patents may prove to be valuable, while it is quite certain that in the natural order of things others will be commercially worthless, but none may be entirely disregarded in the history and development of the art.

It will be quite obvious, therefore, that the advent of any useful invention or discovery, great or small, is followed by a clashing of many interests which become complex in their interpretation by reason of the many conflicting claims that cluster around the main principle. Nor is the confusion less confounded through efforts made on the part of dishonest persons, who, like vultures, follow closely on the trail of successful inventors and (sometimes through information derived by underhand methods) obtain patents on alleged inventions, closely approximating the real ones, solely for the purpose of harassing the original patentee until they are bought up, or else, with the intent of competing boldly in the new business, trust in the delays of legal proceedings to obtain a sure foothold in their questionable enterprise.

Then again there are still others who, having no patent rights, but waving aside all compunction and in downright fraud, simply enter the commercial field against the whole world, using ruthlessly whatever inventive skill and knowledge the original patentee may have disclosed, and trusting to the power of money, rapid movement, and mendacious advertising to build up a business which shall presently assume such formidable proportions as to force a compromise, or stave off an injunction until the patent has expired. In nine cases out of ten such a course can be followed with relative impunity; and guided by skilful experts who may suggest really trivial changes here and there over the patented structure, and with the aid of keen and able counsel, hardly a patent exists that could not be invaded by such infringers. Such is the condition of our laws and practice that the patentee in seeking to enforce his rights labors under a terrible handicap.

And, finally, in this recital of perplexing conditions confronting the inventor, there must not be forgotten the commercial "shark," whose predatory instincts are ever keenly alert for tender victims. In the wake of every newly developed art of world-wide importance there is sure to follow a number of unscrupulous adventurers, who hasten to take advantage of general public ignorance of the true inwardness of affairs. Basing their operations on this lack of knowledge, and upon the tendency of human nature to give credence to widely advertised and high-sounding descriptions and specious promises of vast profits, these men find little difficulty in conjuring money out of the pockets of the unsophisticated and gullible, who rush to become stockholders in concerns that have "airy nothings" for a foundation, and that collapse quickly when the bubble is pricked. [21]

[Footnote 21: A notable instance of the fleecing of
unsuspecting and credulous persons occurred in the early
eighties, during the furor occasioned by the introduction of
Mr. Edison's electric-light system. A corporation claiming
to have a self-generating dynamo (practically perpetual
motion) advertised its preposterous claims extensively, and
actually succeeded in selling a large amount of stock,
which, of course, proved to be absolutely worthless.]

To one who is unacquainted with the trying circumstances attending the introduction and marketing of patented devices, it might seem unnecessary that an inventor and his business associates should be obliged to take into account the unlawful or ostensible competition of pirates or schemers, who, in the absence of legal decision, may run a free course for a long time. Nevertheless, as public patronage is the element vitally requisite for commercial success, and as the public is not usually in full possession of all the facts and therefore cannot discriminate between the genuine and the false, the legitimate inventor must avail himself of every possible means of proclaiming and asserting his rights if he desires to derive any benefit from the results of his skill and labor. Not only must he be prepared to fight in the Patent Office and pursue a regular course of patent litigation against those who may honestly deem themselves to be protected by other inventions or patents of similar character, and also proceed against more palpable infringers who are openly, defiantly, and illegitimately engaged in competitive business operations, but he must, as well, endeavor to protect himself against the assaults of impudent fraud by educating the public mind to a point of intelligent apprehension of the true status of his invention and the conflicting claims involved.