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Inventing the Telephone, Independently

An anonymous reader writes "There is a nice article about the history of the telephone at AmericanHeritage.com. Most of us know that Alexander Bell beat Elisha Gray to the patent office by mere hours to claim credit for the invention of the telephone, but did you know that two other inventors can also claim the invention, including Thomas Edison? Similar disputes about independent invention and patent ownership can be found regarding the television, the airplane, and the automobile. Maybe it really is true: the economic benefit of encouraging patents is like that of encouraging window breaking."

21 of 203 comments (clear)

  1. and like Calculus by geoffrobinson · · Score: 5, Insightful

    Duplicating good ideas should be expected. Something like calculus shouldn't be trademarked, etc.

    But if you place the threshhold high enough, patents (esp. for a limited duration and done right) can be very much warranted and beneficial.

    --
    Except for ending slavery, the Nazis, communism, & securing American independence, war has never solved anything.
    1. Re:and like Calculus by Oligonicella · · Score: 2, Insightful

      "... because a patent restricts the rights of millions of other people to do what they want with their own property."

      You do realize that before a patent is awarded (and a short time thereafter), there is no property for other people to lament the restrictions applied to?

      "But such objectiveness is not needed if they get away from the idea that inventors are entitled to patents."

      So you believe an inventor should invest their time/money/talent into something and just sit and hope they can make money off of it before some well-monied schmoe takes it and pumps the crap out of it, forcing our poorer inventor(s) to get next to nothing for their efforts?

      "Patents need to be seen as a privilege and not a right..."

      They are now. You must have something (ignoring the PO's problems for this sentence) to patent and do so. There is your privilege, no one comes to your house checking of you have things to patent.

      The PO has horrible problems, not the least of which is pug-ignorance. That in no way negates the desirablilty of allowing an inventor to make a living inventing.

    2. Re:and like Calculus by SillyNickName4me · · Score: 2, Insightful

      You do realize that before a patent is awarded (and a short time thereafter), there is no property for other people to lament the restrictions applied to?

      I'm sure that a competing inventor being an hour late at the patent office will agree with your argument...

      Also, as someone else mentioned already, my brain, hands and tools aremine, that property already exists. Patents limit what I can do with those.

      So you believe an inventor should invest their time/money/talent into something and just sit and hope they can make money off of it before some well-monied schmoe takes it and pumps the crap out of it, forcing our poorer inventor(s) to get next to nothing for their efforts?

      Lets see...

      The 'poor' inventors in the current situation will have to fight those trying to hijack their patents in court. Being poor is going to be a big obstacle for that. Also, they have to deal with others being able to prevent them from making use of their invention due to existing patents.

      If you want to see how well a real inventor did, what it took to actually get the recognition he deserved, and how good this works for society, I suggest you look at the invention of television. The slashdot blurb had a pointer to an easy to read and understand article about this.

      There are many more examples of this.

      Arguing that patents protect the poor inventor is simply utter bullshit, they protect big corporations which have the money to defend them, and which have in many cases the money to hijack inventions from small inventors and get away with it because of having much bigger legal funds.

      There are some very specific cases where patents make a lot of sense, but there is also a strong correlation between weak patents and a high rate of inventions.

      There is no correlation between strong patents and an increase in inventions.

      People have been inventing things for a long long time. Patents have been around for quite some time, and definitely longer then the last 100 years. Arguing that introducing patents encouraged inventions is nice, but there is simply no historical proof for this whatsoever. There are however many historical cases where patents prevented an invention from being used for decades. Thos examples go back to at least the early 1600s in Europe.
      Some references:

      http://slashdot.org/comments.pl?sid=179900&cid=148 97559

      http://slashdot.org/comments.pl?sid=179900&cid=148 97725

      And again, the Farnsworth case. (see the slashdot blurb for a nice pointer to that)

      All in all, there is basicly no proof underlying your argument, while there is substantial proof of that argument being wrong.

    3. Re:and like Calculus by 2008 · · Score: 2, Insightful

      Because then you couldn't e.g. demo your new technology to investors whilst it's "patent pending". They could just patent it themselves and take half your royalties.
      Even if you keep your invention perfectly secret before the patent is granted and published, corrupt patent examiners would be a problem.

      --
      I quit!
  2. To elaborate slightly by jfengel · · Score: 3, Insightful

    In other words, independent creation of invention occurs in part because the economic incentive of patents encourages many people to work on the problem simultaneously. Without that encouragement, perhaps none of them would have worked on the telephone and it might not have happened until much later.

    1. Re:To elaborate slightly by Anonymous Coward · · Score: 1, Insightful

      I've done three inventions that have been duplicated by others in the forms of a patent, CUJ article, and patent application. The stuff I did was either patented or part of a open source project so this would all be verifiable if I provided specific details. All the patents, mine or others, are as a result of normal job duty. While you get a slightly better job appraisal it's a royal pain to do a patent so there's no great encentive here. Anyway, three is a pretty good argument that stuff will be invented anyway. Now I just have to wait for my other published ideas to get patented by someone else. It doesn't bother me since I don't make any money off of my ideas.

    2. Re:To elaborate slightly by SillyNickName4me · · Score: 2, Insightful

      Being first to market, others needing time to figure out what you did and how it works give you a time advantage already.. Don't see any problem there.

      Regardless, there may be some very very specific areas where patents make sense, but that doesn't mean that every field of technology or every inmvention has to be bothered by it really.

  3. Re:Doesn't follow by Brandybuck · · Score: 2, Insightful

    Read the article that quote points to. A bad patent is like throwing a rock through a window, an patent lawyers are like glaziers arguing that broken windows are good for (their) economy.

    --
    Don't blame me, I didn't vote for either of them!
  4. You can have too much of a good thing by PapayaSF · · Score: 5, Insightful

    Yes, patents can be abused, as with submarine patents. And patents can slow technological progress, as with the wing warping patent battles. But I don't think it logically follows that patents are always bad, and that technological progress would be faster without them. After all, the patent system was created to reduce trade secrecy and and encourage invention, and it certainly does that, however imperfectly.

    --
    Q: What does the "B." in Benoit B. Mandelbrot stand for? A: Benoit B. Mandelbrot
  5. In 100 years by DNS-and-BIND · · Score: 4, Insightful

    In 100 years time, Bill Gates will be credited with inventing the computer, and Al Gore the first public computer network. Sad, but you know it's true. Who invented the light bulb?

    --
    Shutting down free speech with violence isn't fighting fascism. It IS fascism!
  6. Re:Doesn't follow by GreenHell · · Score: 2, Insightful

    Unless you're suggesting that all patents are bad patents, then I'm not sure the article really applies.

    --
    "I won't mod you down - I feel the need to call you a twit explicitly, rather than by implication."
  7. Bridges, Software, Copyright, Patents and Open So by thorpie · · Score: 3, Insightful

    Bridges come in all shapes and sizes, from the 4,200 ft span of the Golden Gate to the pipes under the road at the top end of Sandy Creek. If anything software is even more diverse, from programs with tens of millions of lines of code down to simple routines of a line or two to automate some mundane task.

    Constructing a bridge costs, as does developing software. The vast majority of bridges are public property. They have been funded and built by such a large pool of people - government's of one form or another - for the common good, for use by anyone at anytime. However there is a substantial pool of private bridges. Most of these are bridges built for specific non standard vehicles such as trains. Others are built for the conveyance of standard vehicles but tolls are charged for a variety of reasons.

    Starting from the precept "We are human, we can do anything and get to anywhere we want", a toll bridge must provide a cheaper and/or quicker alternative to other ways of getting from A to B. To invest in the toll bridge its constructor determines that he can charge a particular toll, at that toll he will get a particular amount of traffic and that this income will repay the cost of building the bridge. The constructor needs to satisfy themselves about the surety of the factors that affect the bridge usage. They minimize their risk by identifying as many factors that will adversely affect bridge traffic as possible and blocking these adverse factors where possible.

    Where huge bridges are required, the Golden Gate, Sydney Harbour and the like, tolls can be seen to be fair without imposing monopoly conditions on the general populace. No conditions need imposing on ferry services, no conditions need imposing blocking alternate routes, the bridge operates in a standard competitive environment because it is so obviously a beneficial object.

    On less obviously beneficial bridges the actions of people are substantial factors that affect the financial viability of the bridge. Controlling these actions is a form of monopoly rights granted by the relevant government(s). These rights include: restricting other river crossings; guarantees of road construction to ensure their bridge is the prime route over the river; concessions that the investors have the sole rights to offer peripheral services, service centres offering fuel and food etc. These rights are generally granted for a limited time and the bridge often reverts to public ownership at the expiration of this time.

    This model is open to abuse. The rights granted may be disproportionate to the benefits. A bridge may be built over a small creek for little cost and the constructor granted a perpetual ban on any other bridges being built 20 miles in either direction. Or the government may agree that other routes will be closed or allowed to degrade, or they may put restrictions on other services, or they may allow the operator to insist that users of the bridge utilize other services before they can use the bridge etc. etc.

    Transferring this view of bridges to intellectual property one would have to conclude that there are no Golden Gates or Sydney Harbour's. Every method developed has alternatives that can be simply developed and deployed. Intellectual property monopoly rights can only be related to the pipes under the headwaters of Sandy Creek with a guaranteed monopolies 20 miles in either direction. They are completely out of proportion with the benefits these pipes offer.

    In fact the situation is worse than this. A better metaphor is monopoly rights to a pipe under a train line. The pipe owners charge not only a toll for using the bridge but force you to load your car onto their railway carriage and force you to utilize their passenger service for the 200 yard journey over the Sandy Creek floodplain. The alternative is to drive an extra 50 miles through the mountains because they have monopoly veto rights over any road bridges over Sandy Creek.

    Another alternative, that can be likened to op

    --
    The memories of a man in his old age are the deeds of a man in his prime - Floyd, Pink
  8. Re:Doesn't follow by TheLink · · Score: 2, Insightful

    Look up Douglas Englebart. The poor guy was so ahead of his time that any awarded patents would be useless.

    I don't see the benefit of awarding patents to everything. Perhaps there should be just a limited number of patents awarded a year. Pick the top 1000 or something.

    Or the top 1000 get 20 year protection, the next 10,000 get only 10 years. and the rest get 3 years ;).

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  9. Well, patents ARE a government approved monopoly by mozumder · · Score: 3, Insightful

    Patents are the exact opposite of a true free-market capitalistic system. In this case, the "goods" are ideas, and there is only one seller that controls the market for it. That seller determines the price and who can/cannot buy this idea. This is clearly a monopoly. Capitalism can only work when there's millions of sellers and millions of buyers. When such conditions do not exist, socialism needs to be instituted.

    Patents prevent a true free market for ideas, and yet, in our current system, the value of the ideas are controlled by the patent holder. The system of patents need to change, to include things like price controls of the ideas, or to allow multiple patent holders if developed independently.

  10. Patenter VS Inventor, it is a question of fame by doudou42 · · Score: 3, Insightful

    The real inventor of telephone is Antonio Meucci, Bell stole the idea from him.
    What is amazing is the fact the two names quoted in the original post are Bell and Gray : The person who tried to patent the idea.
    Recognition of Meuci by the Congress

  11. Patents good? by typical · · Score: 5, Insightful

    But I don't think it logically follows that patents are always bad

    But it need not, for patents to be a net disadvantage.

    After all, the patent system was created to reduce trade secrecy and and encourage invention, and it certainly does that, however imperfectly.

    I'm not sure about that.

    At the research facility where I worked before the current one that I'm working at, important inventions that really provided an edge over the competition was always kept a trade secret? Why? Because everyone in the industry cross-licensed with each other, because otherwise nobody could actually build anything. Patenting something was just giving it to the competition. Patents were reserved for less useful things.

    The net effect was to keep anyone new from entering the market. Patents don't have to all be perfect -- if there are two hundred patents held by incumbents waiting to attack anyone wanting to enter the market, most of the patents can be thrown out and the newcomer is still going to have a hard time entering the market.

    --
    Any program relying on (nontrivial) preemptive multithreading will be buggy.
  12. Watch your language by Anonymous Coward · · Score: 1, Insightful

    Using "violence" to describe a bunch of whining oily pencils calling their lawyers to write a letter is just as dumb as using "property" to describe something without any tangible manifestation or value. (or "terrorism" to denote looking at a cop cockeyed or being brown skinned for that matter)

    What is it with peoples misuse of basic language these days?

    Everything else you say is pretty much on the money. A better term is possibly "abuse". The system is abused because it's hopelessly quaint and irrelevant in the 21st century, but it isn't _violence_.

  13. Who Did invent the TV? by RotateLeftByte · · Score: 5, Insightful

    I know there are many claims to who is the inventor of the Telephone. There are similar claims about the TV.
    The link to the "inventor" of the tv fails to completely mention John Logie Baird.
    This very eccentric scotsman was a pioneer in TV development. There is still to this day a great debate amongst historians about who was first.

    http://www.infed.org/walking/wa-baird.htm

    The first TV pictures he sent were down a phone line!
    At least the place where the worlds first TV station broadcast from is still standing and is a great monument to those involved.

    --
    I'd rather be riding my '63 Triumph T120.
  14. Yeah, we could all work much less by Joseph_Daniel_Zukige · · Score: 2, Insightful

    and the world would be better for it.

    Every hour of overtime you put in is an hour somebody else could have been paid to work.

    And if everyone were working 20, maybe 30 hours a week, there would be sufficient product for all. And we'd all have more time for taking care of our health, our relationships with family and friends, and other really important things.

  15. Re:Patents are violent by Anonymous Coward · · Score: 1, Insightful

    Sorry, I thought that was obvious from my previous post. When it's no longer economically feasible to perform all R&D yourself you start cooperating with other companies, sharing the costs.

    I am sorry, are you suggesting that the massive phara corps join TOGETHER to form one massive cartel has enough money to push through drugs and then not compete with each other to ensure profit?

  16. Should fail the test for obvious in this case by MCRocker · · Score: 3, Insightful
    if everyone who invented the same device could receive their own patents


    Actually, I think that in cases like this, that NOBODY should be awarded a patent.

    Although the current practice is to award a patent to whoever applies first, I think that the fact that subsequent, substantially similar, patents are applied for before the first one is made public or awarded should be considered a prima facie evidence that the invention is 'obvious'.

    Seriously. I understand that obviousness is a slippery thing. Often, the best ideas are the simplest and may seem obvious in retrospect, so the patent office and courts are fairly careful about determining obviousness. However, if two or more inventers independently come up with the same idea at about the same time, then that should be considered proof that the idea was obvious. Since the patent office keeps filings secret until after a patent is awarded, the time between the original filing and the awarding of a patent for the idea is a time when no other inventor could know that a similar idea has been filed. So, another, similar, filing during this period aught to be considered proof that the idea is obvious and non patentable.

    A large number of patents would get thrown out if this standard was adopted, but, since it's clear that there is a serious problem with the patent system, I don't think that this would be a bad thing and would actually provide us with a much better system.
    --
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