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The Rush To Patent the Atomic Bomb

dooling writes "In case you were thinking of building your own atom bomb, you may want to weigh your intellectual property liability. It seems there are over 2000 patents covering the atom bomb. To avoid publishing the patents, a central tenet of the patent system, "the project made use of an obscure law whereby patent applications could be filed but no one would actually look at them or evaluate them. They would just be stamped secret and stored in a vault at the patent office." The irony here is that while all the patents were essentially stored in the same place at the patent office and written to be understandable by any engineer, the Manhattan Project worked diligently to compartmentalize knowledge, using code names for just about all aspects of the project and keeping tight security on all information. It seems the patents were filed to give the U.S. government an essential monopoly on the burgeoning nuclear industry and protect it against others who might patent similar technologies later."

24 of 160 comments (clear)

  1. Well... by Chairboy · · Score: 5, Insightful

    If I'm building an atomic bomb, the threat of being hit by a patent lawsuit seems somewhat lower than, say, the threat of being bombed into a metaphor.

    Plus, this is just the patent office. Now if the _IRS_ were involved...

  2. Where's the editor? by Anonymous Coward · · Score: 4, Informative

    To avoid publishing the patents, a central tenant of the patent system, The word is tenet, as in canon, rule, orthodoxy, creed, etc. I think.
    1. Re:Where's the editor? by argent · · Score: 4, Funny

      The tenants of the patent system are the patent trolls.

  3. So by CrazeeCracker · · Score: 5, Funny

    It seems the patents were filed to give the U.S. government an essential monopoly on the burgeoning nuclear industry and protect it against others who might patent similar technologies later.
    So the cold war was really just about patent infringement?
    --
    Of course I didn't RTFA.
  4. Six Party talks by Anonymous Coward · · Score: 4, Funny

    Next up in the North Korean six Party talks:

    USA: But we patented it, you're building the bomb in violation of our intellectual property!

    North Korea: Well now that's finally a sound argument. We'll stop then. Have a nice day.

    *white peace doves are sent flying*

  5. Terrorism by erikina · · Score: 5, Funny

    It's good to finally see the patent system serving a purpose. Protecting us from nuclear terrorists. There's no way they couldn't infringe at least one patent!

    1. Re:Terrorism by Foobar+of+Borg · · Score: 4, Informative

      Building it in a country which doesn't have patent treaties with nuclear weapon producing countries would do the job.
      Well, there is also the fact that the patents have loooong since expired. Unlike copyrights, patents still have sane terms. It's 20 years from filing now. I think it was 17 years from the time of the patent grant back in 1955, which was when the patent shown on the NPR site was granted.
  6. Secret patent? by MichailS · · Score: 3, Insightful

    How does this work?

    "You are infringing on my patent, the nature of which I can't disclose. Hand over money!"

    1. Re:Secret patent? by Anonymous Coward · · Score: 5, Funny

      How does this work?

      "You are infringing on my patent, the nature of which I can't disclose. Hand over money!" SCO lasted five years with that line alone.
    2. Re:Secret patent? by sir_eccles · · Score: 4, Informative

      In the UK at least, it works thusly... Every single patent application goes through one special office with a locked door and a big heavy safe to be vetted for National Security purposes. Most things will just get a cursory glance but if you mention stuff like radar, munitions, nuclear power etc it will get a closer look to see if it poses a risk. It may or may not then get published. Still gets searched and examined I think. I would assume any infringement proceedings would take place in closed session.

  7. Mutually Assured Patent Destruction by Doc+Ruby · · Score: 5, Insightful

    If I've got an atomic bomb, I'm not going to pay any attention to your patent lawsuit.

    As should be pretty obvious from all the other people who got atomic bombs.

    Obvious to anyone, except evidently the retarded capitalists, lawyers or bureaucrats who shared the most secret and dangerous info in the world with an office whose primary mission is publishing technical info, for no use whatsoever except increasing the risk of proliferating the weapons.

    Patent dementia. The kind of thing communists mean when they say "capitalists will sell the rope for the nooses to hang them".

    --

    --
    make install -not war

    1. Re:Mutually Assured Patent Destruction by Nathrael · · Score: 3, Insightful

      Well, you got a point about saying it's wrong to hand over technical informations, but the hard thing is not _how_ to build an atomic bomb, it's rather to get hand on refined uranium - most of the major terrorist fractions/rogue governments/other groups already possess at least the basic knowledge to build a basic nuclear bomb like Fat Man.

      --
      A good education is a bit like a STD - it makes you unsuitable for a lot of jobs and gives you a desire to spread it.
    2. Re:Mutually Assured Patent Destruction by Daniel+Dvorkin · · Score: 4, Informative

      I think you're thinking of Little Boy. Fat Man was the plutonium-implosion bomb detonated over Nagasaki, and those are hard to get right. Little Boy was the gun-type uranium bomb detonated over Hiroshima, and you're right, those are absurdly easy to build if you can get the refined uranium.

      --
      The correlation between ignorance of statistics and using "correlation is not causation" as an argument is close to 1.
    3. Re:Mutually Assured Patent Destruction by mdwh2 · · Score: 3, Interesting

      Patent dementia. The kind of thing communists mean when they say "capitalists will sell the rope for the nooses to hang them".

      You can't blame capitalism for patents though. Patents are a Government granted and enforced monopoly. In fact, I'd say they're very un-capitalist, in that the state steps in to control the free market, and preventing private individuals from manufacturing (effectively taking away the means of production from them). Patents are about Government control of the market and means of production.

      A capitalist would sell you the rope to hang himself. But in a world with patents, you wouldn't be allowed to hang him, because the state has granted someone else a patent of "A means of terminating an individual's life by means of the application of rope and acceleration in a gravitational field"...

  8. No more atomic weapon patents by CajunArson · · Score: 5, Informative

    Yes this story is mostly for historical amusement, it has very little significance. Also, remember is applies to patents from the ORIGINAL Manhattan Project era. If you go out an invent a novel invention useful solely for atomic weapons you won't get a patent on it today: From the MPEP

    706.03(b) Barred by Atomic Energy Act [R-2] - 700 Examination of Applications
    706.03(b) Barred by Atomic Energy Act [R-2]

    A limitation on what can be patented is imposed by the Atomic Energy Act of 1954. Section 151(a) (42 U.S.C. 2181(a)>)No patent shall hereafter be granted for any invention or discovery which is useful solely in the utilization of special nuclear material or atomic energy in an atomic weapon.

    The terms "atomic energy" and "special nuclear material" are defined in Section 11 of the Act (42 U.S.C. 2014).

    Sections 151(c) and 151(d) (42 U.S.C. 2181(c) and (d)) set up categories of pending applications relating to atomic energy that must be brought to the attention of the Department of Energy. Under 37 CFR >*1.14(d)1.14(d)Director))

        And for the record I AM a registered patent agent.

    --
    AntiFA: An abbreviation for Anti First Amendment.
  9. Surely you're Joking, Mr Feynman? by argent · · Score: 5, Funny

    The scientist quoted in the article, Philip Morrison, was still alive. So Wellerstein called him up. "He told me yes there was a patent, and he had to sign over his rights to it," Wellerstein says. "He was supposed to be paid a dollar, and they never paid him." Morrison died a few weeks after that call.
    I guess this closes the story in Feynman's autobiography about the dollar!

    About three months later, Smith calls me in the office and says,
    "Feynman, the submarine has already been taken. But the other three are
    yours." So when the guys at the airplane company in California are planning
    their laboratory, and try to find out who's an expert in rocket-propelled
    whatnots, there's nothing to it: They look at who's got the patent on it!
    Anyway, Smith told me to sign some papers for the three ideas I was giving
    to the government to patent. Now, it's some dopey legal thing, but when you
    give the patent to the government, the document you sign is not a legal
    document unless there's some exchange, so the paper I signed said, "For the
    sum of one dollar, I, Richard P. Feynman, give this idea to the
    government..."
              I sign the paper.
              "Where's my dollar?"
              "That's just a formality," he says. "We haven't got any funds set up to
    give a dollar."
              "You've got it all set up that I'm signing for the dollar," I say. "I
    want my dollar!"
              "This is silly," Smith protests.
              "No, it's not," I say. "It's a legal document. You made me sign it, and
    I'm an honest man. There's no fooling around about it."
              "All right, all right!" he says, exasperated. "I'll give you a dollar,
    from my pocket!"
              "OK."
              I take the dollar, and I realize what I'm going to do. I go down to the
    grocery store, and I buy a dollar's worth -- which was pretty good, then --
    of cookies and goodies, those chocolate goodies with marshmallow inside, a
    whole lot of stuff.
              I come back to the theoretical laboratory, and I give them out: "I got
    a prize, everybody! Have a cookie! I got a prize! A dollar for my patent! I
    got a dollar for my patent!"
              Everybody who had one of those patents -- a lot of people had been
    sending them in -- everybody comes down to Captain Smith: they want their
    dollar!
              He starts shelling them out of his pocket, but soon realizes that it's
    going to be a hemorrhage! He went crazy trying to set up a fund where he
    could get the dollars these guys were insisting on. I don't know how he
    settled up.
  10. I doubt it by NeverVotedBush · · Score: 4, Interesting

    Another reason why there might be patents would be simply for the benefit of the researchers involved.

    The members of the Manhattan Project were all research scientists and engineers. Technically, what they accomplished was nothing short of amazing. They went from brand new basic physics and science discoveries to deployable weapons in just a few years. And while the principal players were already working in the physics world, they weren't able to publish the results of their work because it was top secret stuff.

    It is only speculation, but it could be that the scientists and engineers were allowed to publish their work through patents that wouldn't see the light of day and could be kept under lock and key. They get to add numerous patents to their CVs and account for their years of work without revealing the inner workings of the weapons to the world. At least that could have been the intent. A few spies managed to compromise a lot of the information and the USSR exploded their own, copycat weapon shortly after the end of WWII.

    1. Re:I doubt it by jamstar7 · · Score: 3, Funny
      Yo, dood, you're missing the point.

      If a terrorist somehow manages to build one of these suckers, he's not gonna have to worry about Homeland Security comin after him.

      He's gonna have to worry about a pack of l*wy*rs from a patent troll hounding him to the ends of the earth.

      Which would you rather face?

      --
      Understanding the scope of the problem is the first step on the path to true panic.
  11. Making of the Atomic Bomb by dekkerdreyer · · Score: 4, Informative

    The reason for patenting ideas about the Manhattan Project are well explained in The Making of the Atomic Bomb by Richard Rhodes which is a fantastic read. Nearly 1000 pages and Amazon is selling it for less than $15. The covers the recent history of modern science better than any textbook I've found.

    --
    Dekker Dreyer
  12. Re:Just like the Yanks.... by JamesRose · · Score: 3, Funny

    Hey! I resent that! The UK owns its own weapons completely. To be fair, we don't seem to be in complete control of the launch codes, but I'm sure when we call up america and ask for them nicely the old yanks'll just hand em right over, right?

  13. Re:Just like the Yanks.... by Oktober+Sunset · · Score: 4, Informative

    Actually the UK scientists simply remembered all the experiments and did them again when they got back home, making the UK the 3rd nuclear state, they then tricked the US into going them their H-bomb research, after their own H-bomb failed, by building a giant A-bomb (the biggest fission bomb ever made) and pretending it was a H-bomb, so who's the shmucks now eh?

  14. new category? by nten · · Score: 3, Insightful

    The parent isn't funny, and while insightful probably fits, I think a category of depressing should be an option.

    --
    refactor the law, its bloated, confusing and unmaintainable.
  15. Re:Snort!..... by NeverVotedBush · · Score: 4, Insightful

    The Manhattan Project was actually run by the University of California. It's the only way Oppenheimer would accept running the program. He told the military that the only way he would be able to get the people he needed was if it was an academic institution running it.

    UC not only ran the Manhattan Project start to finish, it also ran the Los Alamos and Livermore laboratories until the last couple of years.

    Operating in an academic environment, I could very easily see that the researchers would be valued and their welfare looked out for by finding ways for them to "document" their contributions without releasing the information to the world through regular publishing channels.

  16. Almost as good as world peace by EmbeddedJanitor · · Score: 4, Funny

    Patenting the bomb could be almost as good as world peace.
    1.Patent bomb.
    2. Wait until Dick Tater builds own bomb.
    2. Send cease and desist notices.
    3. Dick Tater ignores these.
    4. Send planes full of lawyers.
    5. Dick Tater shoots lawyers.
    6. Good enough result.

    --
    Engineering is the art of compromise.