1 00:00:04,440 --> 00:00:12,400 Speaker 1: Welcome to tech Stuff, a production from iHeartRadio. Okay, hey there, 2 00:00:12,400 --> 00:00:15,840 Speaker 1: and welcome to tech Stuff. I'm your host, Jonathan Strickland. 3 00:00:15,880 --> 00:00:20,200 Speaker 1: I'm an executive producer with iHeartRadio and how the tech 4 00:00:20,400 --> 00:00:24,320 Speaker 1: are you now? Before I get started on today's episode, 5 00:00:24,560 --> 00:00:27,680 Speaker 1: which is a part one of a two parter, I 6 00:00:27,720 --> 00:00:30,040 Speaker 1: wanted to let y'all know that I'm going to be 7 00:00:30,200 --> 00:00:35,360 Speaker 1: at this year's iHeartRadio Music Festival House of Music. I'll 8 00:00:35,400 --> 00:00:39,680 Speaker 1: be recording live in the iHeart Podcasts studio that's powered 9 00:00:39,720 --> 00:00:44,720 Speaker 1: by Bose. So come by on Friday this Friday at 10 00:00:44,760 --> 00:00:47,640 Speaker 1: six pm to the free House of Music outside T 11 00:00:47,760 --> 00:00:50,880 Speaker 1: Mobile Arena. I'll see you there and you'll be able 12 00:00:51,000 --> 00:00:54,720 Speaker 1: to hear the episode I record at the House of 13 00:00:54,840 --> 00:00:59,680 Speaker 1: Music at the iHeart podcast Studio powered by Bose on Monday. 14 00:01:00,040 --> 00:01:04,400 Speaker 1: That episode should come out Monday and will be about 15 00:01:04,400 --> 00:01:08,560 Speaker 1: something really pertinent. Anyway. The House of Music, in case 16 00:01:08,600 --> 00:01:11,480 Speaker 1: you're curious, it's this big interactive exhibit where you can 17 00:01:11,680 --> 00:01:16,800 Speaker 1: experience immersive mixed reality. These experiences linked to the various 18 00:01:16,880 --> 00:01:20,000 Speaker 1: artists who are performing at this year's festival, and there's 19 00:01:20,040 --> 00:01:24,720 Speaker 1: a let me tell you, a wide spectrum of experiences 20 00:01:25,080 --> 00:01:28,959 Speaker 1: like something for everybody. There's a room that's dedicated to 21 00:01:28,959 --> 00:01:32,800 Speaker 1: Public Enemy, There's another one dedicated to Fallout Boy, There's 22 00:01:32,840 --> 00:01:36,479 Speaker 1: one dedicated to Kelly Clarkson. Like I said, it's a 23 00:01:36,520 --> 00:01:41,480 Speaker 1: pretty wide range of experiences, and they're more. Besides that, 24 00:01:41,560 --> 00:01:43,560 Speaker 1: those are just three of the ones that will be 25 00:01:43,800 --> 00:01:46,759 Speaker 1: part of this House of Music experience. Now, as part 26 00:01:46,840 --> 00:01:48,760 Speaker 1: of that, we have, like I said, this Bose powered 27 00:01:48,800 --> 00:01:53,240 Speaker 1: podcast studio. And I know what you're thinking, Yes, this 28 00:01:53,640 --> 00:01:57,320 Speaker 1: whole thing is way cooler than I am, but they 29 00:01:57,400 --> 00:02:00,240 Speaker 1: still asked me to come, so I'm gonna go there. 30 00:02:00,760 --> 00:02:02,520 Speaker 1: I hope to see some of y'all there. All right, 31 00:02:02,520 --> 00:02:06,400 Speaker 1: now let's get to the episodes. So, since I am 32 00:02:06,480 --> 00:02:08,800 Speaker 1: going to be traveling out to Las Vegas this week 33 00:02:08,840 --> 00:02:12,760 Speaker 1: and it's going to really disrupt my normal recording schedule, 34 00:02:13,400 --> 00:02:16,400 Speaker 1: I decided to get a jump on things and I 35 00:02:16,440 --> 00:02:19,560 Speaker 1: wrote out a two part episode for y'all. So Part 36 00:02:19,600 --> 00:02:24,200 Speaker 1: one is today, Part two will be tomorrow. Then on Friday, 37 00:02:24,600 --> 00:02:29,520 Speaker 1: I'll be recording live in Vegas, and then next week 38 00:02:29,600 --> 00:02:33,480 Speaker 1: should be I guess, kind of normal. I'm actually still 39 00:02:33,480 --> 00:02:35,920 Speaker 1: going to be in Vegas for a separate thing with 40 00:02:36,000 --> 00:02:39,040 Speaker 1: Mobile World Congress, but we'll see how normal I can 41 00:02:39,080 --> 00:02:42,560 Speaker 1: make it. I'm bringing my recording equipment with me. I'll 42 00:02:42,600 --> 00:02:45,960 Speaker 1: just be recording, probably in my hotel room, but someplace 43 00:02:46,000 --> 00:02:49,560 Speaker 1: that's relatively quiet, is my hope. Okay, now, I have 44 00:02:49,600 --> 00:02:54,080 Speaker 1: done a few episodes about patents on this show. Today, 45 00:02:54,080 --> 00:02:56,840 Speaker 1: I thought I would talk about the history of the 46 00:02:56,960 --> 00:03:00,880 Speaker 1: patent office here in the United States and also talk 47 00:03:00,919 --> 00:03:05,920 Speaker 1: about how one massive fire prompted changes that meant a second, 48 00:03:06,320 --> 00:03:12,800 Speaker 1: technically more costly fire was ultimately far less destructive. But 49 00:03:12,880 --> 00:03:14,880 Speaker 1: that's definitely getting ahead of myself, because I won't even 50 00:03:14,919 --> 00:03:18,080 Speaker 1: be touching the fires at all, because fire is hot, 51 00:03:18,120 --> 00:03:22,320 Speaker 1: but I won't be talking about them until tomorrow. However, first, 52 00:03:22,320 --> 00:03:25,600 Speaker 1: before we get into any history stuff, let's go over 53 00:03:25,760 --> 00:03:29,800 Speaker 1: why patents exist in the first place. So the purpose 54 00:03:29,919 --> 00:03:33,840 Speaker 1: of a patent is to grant limited but exclusive rights 55 00:03:34,200 --> 00:03:37,760 Speaker 1: to an inventor of their invention. And when I say inventor, 56 00:03:37,920 --> 00:03:41,960 Speaker 1: I don't always mean inventor, I mean patent holder, because 57 00:03:42,080 --> 00:03:46,040 Speaker 1: the entity that holds a patent might not have been 58 00:03:46,120 --> 00:03:51,160 Speaker 1: actually responsible for the invention, but through whatever arrangement between 59 00:03:51,200 --> 00:03:55,000 Speaker 1: inventor and entity there is, it means that the entity 60 00:03:55,080 --> 00:03:59,000 Speaker 1: holds that patent and they have this limited but exclusive 61 00:03:59,000 --> 00:04:03,360 Speaker 1: set of rights. So the concept here is that the 62 00:04:03,400 --> 00:04:07,080 Speaker 1: inventor comes up with either a significant improvement over an 63 00:04:07,080 --> 00:04:10,680 Speaker 1: existing thing, or they come up with something that is 64 00:04:10,720 --> 00:04:16,279 Speaker 1: totally new altogether. The inventor then details what this invention 65 00:04:16,440 --> 00:04:19,200 Speaker 1: does and how it works in a document in a 66 00:04:19,240 --> 00:04:23,240 Speaker 1: set of specifications, ideally so that a person who was 67 00:04:23,320 --> 00:04:25,960 Speaker 1: reading it would have a reasonable idea of how it 68 00:04:26,040 --> 00:04:31,200 Speaker 1: functions and potentially could even follow steps to create a 69 00:04:31,279 --> 00:04:34,160 Speaker 1: version of their own in the future. So the patent 70 00:04:34,400 --> 00:04:37,920 Speaker 1: means that the patent holder can choose what to do 71 00:04:37,960 --> 00:04:40,599 Speaker 1: with that invention, and no one else has that right, 72 00:04:40,960 --> 00:04:42,880 Speaker 1: at least for as long as the patent is valid. 73 00:04:43,320 --> 00:04:46,240 Speaker 1: Patents do eventually expire, so that's why I say there's 74 00:04:46,279 --> 00:04:50,320 Speaker 1: a limited exclusive rights granted to the patent holder, because 75 00:04:50,360 --> 00:04:55,080 Speaker 1: eventually they do expire. The patent holder can choose to 76 00:04:55,400 --> 00:05:00,440 Speaker 1: make their own invention themselves, so they could start reducing 77 00:05:00,560 --> 00:05:03,600 Speaker 1: whatever it was they invented, and they could also pursue 78 00:05:03,720 --> 00:05:08,040 Speaker 1: legal action against anyone who copies them. They could argue 79 00:05:08,040 --> 00:05:11,039 Speaker 1: for patent infringement. So if someone were to try and 80 00:05:11,040 --> 00:05:13,640 Speaker 1: make their own version and it appeared to be based 81 00:05:13,640 --> 00:05:16,200 Speaker 1: off the same functions and operations that were covered by 82 00:05:16,200 --> 00:05:19,440 Speaker 1: the patent. The patent holder could say, I hold the 83 00:05:19,600 --> 00:05:22,159 Speaker 1: exclusive patent for this. I didn't give you permission to 84 00:05:22,320 --> 00:05:26,279 Speaker 1: use this invention. You owe me money. And assuming that 85 00:05:26,400 --> 00:05:29,039 Speaker 1: the argument is a sound one, and the court finds 86 00:05:29,120 --> 00:05:33,279 Speaker 1: that yes, the copy or whatever was in fact based 87 00:05:33,320 --> 00:05:37,920 Speaker 1: upon the exact same principles as the patented invention, then 88 00:05:37,960 --> 00:05:41,520 Speaker 1: the court is more likely to side with the plaintiff 89 00:05:41,520 --> 00:05:45,160 Speaker 1: in that case. So the inventor or patent holder could 90 00:05:45,240 --> 00:05:50,200 Speaker 1: also license their invention to other entities, like a manufacturing company. 91 00:05:51,000 --> 00:05:54,640 Speaker 1: So in this case, the company or whatever pays a 92 00:05:54,760 --> 00:05:59,080 Speaker 1: license fee to the patent holder, and then that company 93 00:05:59,120 --> 00:06:01,520 Speaker 1: starts to make the thing and sells it themselves, and 94 00:06:01,560 --> 00:06:04,480 Speaker 1: the patent holder just sits back and collects licensing fees 95 00:06:04,839 --> 00:06:08,239 Speaker 1: and doesn't have to actually pour the capital into making 96 00:06:08,640 --> 00:06:13,159 Speaker 1: the thing themselves. If the patent holder is a real jerk, 97 00:06:13,680 --> 00:06:17,479 Speaker 1: they can get a patent on something and then just 98 00:06:17,600 --> 00:06:20,160 Speaker 1: sit on it and just wait to see. If anyone 99 00:06:20,279 --> 00:06:24,080 Speaker 1: ever makes anything that could be said to infringe upon 100 00:06:24,320 --> 00:06:28,280 Speaker 1: their patents, then the patent holder could sue or threaten 101 00:06:28,320 --> 00:06:32,160 Speaker 1: to sue that other person or entity and look for 102 00:06:32,279 --> 00:06:35,960 Speaker 1: like a really big settlement or court decision. This kind 103 00:06:36,000 --> 00:06:38,440 Speaker 1: of patent holder is what we call a patent troll. 104 00:06:38,960 --> 00:06:43,280 Speaker 1: Patent trolls don't make anything. They typically don't license their 105 00:06:43,320 --> 00:06:47,200 Speaker 1: patents either, so they just sit on them. They patent 106 00:06:47,320 --> 00:06:50,560 Speaker 1: something and they wait and then they pounce if they 107 00:06:50,640 --> 00:06:54,680 Speaker 1: see anyone that makes something that they could argue was 108 00:06:54,760 --> 00:07:00,000 Speaker 1: predicated upon their patents. It's pretty awful, and obviously it's 109 00:07:00,120 --> 00:07:03,919 Speaker 1: a way of behaving that's antithetical to the purpose of 110 00:07:03,960 --> 00:07:07,840 Speaker 1: a patent. Patents weren't made so that you could set 111 00:07:07,880 --> 00:07:11,680 Speaker 1: a trap and wait and then pounce on someone when 112 00:07:11,720 --> 00:07:15,960 Speaker 1: they appear to trip the trap. They were made to 113 00:07:16,120 --> 00:07:21,440 Speaker 1: encourage innovation and invention. Now, because patents are available for 114 00:07:21,520 --> 00:07:24,120 Speaker 1: public review, you can go and look at all these 115 00:07:24,160 --> 00:07:26,880 Speaker 1: patents that are filed to this day. You can search 116 00:07:26,960 --> 00:07:30,679 Speaker 1: various databases for all the patents that have been filed 117 00:07:30,680 --> 00:07:34,080 Speaker 1: that still exist. We'll talk more about that in tomorrow's episode. 118 00:07:34,120 --> 00:07:39,040 Speaker 1: But this also means that the inventor or patent holder 119 00:07:39,560 --> 00:07:43,600 Speaker 1: can't keep their invention to themselves forever. Ideally, someone with 120 00:07:43,640 --> 00:07:45,600 Speaker 1: the materials and skill would be able to take those 121 00:07:45,640 --> 00:07:48,680 Speaker 1: specifications that were laid out in a patent along with 122 00:07:48,680 --> 00:07:52,400 Speaker 1: whatever sketches might be included and build their own version 123 00:07:52,440 --> 00:07:55,800 Speaker 1: of that invention. They can't do that without the inventor's 124 00:07:55,800 --> 00:07:59,000 Speaker 1: permission until the patent expires, but at that point it 125 00:07:59,160 --> 00:08:02,680 Speaker 1: enters public domain and it's fair gain. So the thinking 126 00:08:02,720 --> 00:08:07,040 Speaker 1: behind this is that really useful inventions shouldn't be locked 127 00:08:07,040 --> 00:08:11,080 Speaker 1: away from the public in perpetuity. They should be available 128 00:08:11,120 --> 00:08:15,120 Speaker 1: for people to make use of beyond a certain span 129 00:08:15,200 --> 00:08:17,720 Speaker 1: of years. So a patent is meant to grant a 130 00:08:17,800 --> 00:08:21,400 Speaker 1: reasonable amount of time to the patent holder in order 131 00:08:21,400 --> 00:08:25,080 Speaker 1: for them to make money off of their invention. Chances are, 132 00:08:25,440 --> 00:08:29,080 Speaker 1: by the time the patent expires, advancements will mean that 133 00:08:29,120 --> 00:08:33,760 Speaker 1: the original invention isn't necessarily relevant anymore anyway. But with 134 00:08:33,840 --> 00:08:36,280 Speaker 1: the patent going into the public domain, people are free 135 00:08:36,320 --> 00:08:39,320 Speaker 1: to build upon that design and to improve upon it 136 00:08:39,440 --> 00:08:42,679 Speaker 1: and to evolve it. So a patent is a balance 137 00:08:42,720 --> 00:08:45,880 Speaker 1: between providing for the benefit of the inventor or patent 138 00:08:45,880 --> 00:08:51,040 Speaker 1: holder and ensuring the public good in the long term. Now, 139 00:08:51,040 --> 00:08:54,320 Speaker 1: there are criteria that an invention has to meet in 140 00:08:54,440 --> 00:08:58,240 Speaker 1: order to be patentable. For one thing, it needs to 141 00:08:58,280 --> 00:09:01,200 Speaker 1: have a useful purpose, so that could be a fairly 142 00:09:01,240 --> 00:09:05,600 Speaker 1: subjective criterion. It needs to be new. If there are 143 00:09:05,600 --> 00:09:07,959 Speaker 1: already versions of this invention out there in the world, 144 00:09:07,960 --> 00:09:11,000 Speaker 1: well then it's not eligible for a patent. We've seen 145 00:09:11,040 --> 00:09:15,400 Speaker 1: this recently with lots of things where where people have argued, hey, 146 00:09:15,480 --> 00:09:20,320 Speaker 1: there were already versions of that technology that existed prior 147 00:09:20,400 --> 00:09:23,199 Speaker 1: to your patent application, so you shouldn't be able to 148 00:09:23,240 --> 00:09:26,959 Speaker 1: receive a patent for that because it's not new. Something 149 00:09:27,000 --> 00:09:29,560 Speaker 1: else already exists that does the thing you're doing. It's 150 00:09:29,600 --> 00:09:32,560 Speaker 1: also supposed to be non obvious, so that means it 151 00:09:32,600 --> 00:09:34,440 Speaker 1: needs to be inventive. It needs to be something that 152 00:09:34,640 --> 00:09:38,480 Speaker 1: not just anybody would say, oh this is bad design. 153 00:09:38,520 --> 00:09:41,000 Speaker 1: Let's just change this one thing and now it works better. 154 00:09:41,080 --> 00:09:45,160 Speaker 1: So it can't be an obvious improvement. It has to 155 00:09:45,160 --> 00:09:49,200 Speaker 1: be something that was special. If the average person could 156 00:09:49,200 --> 00:09:51,320 Speaker 1: have invented it, then it doesn't qualify for a patent. 157 00:09:51,840 --> 00:09:55,960 Speaker 1: It also has to cover patentable subject matter, and this 158 00:09:56,280 --> 00:10:00,360 Speaker 1: gets a little more complicated. So, for example, you couldn't 159 00:10:00,360 --> 00:10:03,400 Speaker 1: patent something that occurs in nature like a flower, assuming 160 00:10:03,440 --> 00:10:06,680 Speaker 1: of course that the flower already exists in nature, and 161 00:10:06,720 --> 00:10:09,880 Speaker 1: that makes sense. Now the flower is not of human design. 162 00:10:10,040 --> 00:10:12,960 Speaker 1: It's not a flower that's of human origin. But if 163 00:10:12,960 --> 00:10:16,040 Speaker 1: you were able to create, say a new kind of flower, 164 00:10:16,280 --> 00:10:19,880 Speaker 1: and it reproduces asexually and it's not found in nature, 165 00:10:20,400 --> 00:10:23,960 Speaker 1: that is something that is patentable. You can also patent 166 00:10:23,960 --> 00:10:26,880 Speaker 1: a process. In fact, you can patent really kind of 167 00:10:27,559 --> 00:10:31,560 Speaker 1: abstract processes if they have like a concrete outcome. So 168 00:10:31,920 --> 00:10:34,040 Speaker 1: if you came up with a new way to conduct business, 169 00:10:34,400 --> 00:10:36,920 Speaker 1: you could conceivably file and receive a patent for that. 170 00:10:37,520 --> 00:10:40,640 Speaker 1: And you can patent formula for stuff like drugs or 171 00:10:40,640 --> 00:10:44,720 Speaker 1: other chemicals. Those kind of things can be patented, but 172 00:10:45,720 --> 00:10:50,840 Speaker 1: mathematical formula cannot be patented. Neither can scientific principles. Those 173 00:10:50,920 --> 00:10:54,679 Speaker 1: cannot be patented. That mathematics bit ended up being a 174 00:10:54,720 --> 00:10:58,120 Speaker 1: real hang up when people started writing software because they 175 00:10:58,200 --> 00:11:01,720 Speaker 1: wanted to patent their software. But there were a lot 176 00:11:01,760 --> 00:11:05,640 Speaker 1: of debates over whether a program would be patentable because 177 00:11:05,640 --> 00:11:09,079 Speaker 1: when you really get down to brass tacks, programs are 178 00:11:09,120 --> 00:11:13,240 Speaker 1: just a set of mathematical operations, and mathematical operations and 179 00:11:13,280 --> 00:11:17,160 Speaker 1: formulas are not patentable. Back in the nineteen sixties and 180 00:11:17,240 --> 00:11:20,440 Speaker 1: nineteen seventies, the Patent and Trademark Office was reluctant to 181 00:11:20,480 --> 00:11:23,880 Speaker 1: issue a patent for any invention that included calculations made 182 00:11:23,920 --> 00:11:27,440 Speaker 1: by a computer. The Supreme Court in the United States 183 00:11:27,520 --> 00:11:29,559 Speaker 1: backed up the Patent Office in a couple of major 184 00:11:29,600 --> 00:11:33,880 Speaker 1: decisions during those decades. Things started to change a little bit. 185 00:11:33,920 --> 00:11:36,400 Speaker 1: In the nineteen eighties, however, the Supreme Court ruled that 186 00:11:36,480 --> 00:11:41,439 Speaker 1: one process that did include software was in fact patentable. 187 00:11:41,960 --> 00:11:44,160 Speaker 1: But this was a process that had a lot of 188 00:11:44,200 --> 00:11:47,560 Speaker 1: different elements in it. If you're curious, it was really 189 00:11:47,600 --> 00:11:50,360 Speaker 1: about heating rubber to the proper temperature in order to 190 00:11:50,440 --> 00:11:54,240 Speaker 1: cure the rubber, and software was one part of it, 191 00:11:54,280 --> 00:11:57,240 Speaker 1: but not the only part. So this wasn't exactly a 192 00:11:57,240 --> 00:11:59,880 Speaker 1: clear cut case saying yes, software is patentable. It was 193 00:12:00,120 --> 00:12:02,920 Speaker 1: more like the software was part of a larger process 194 00:12:02,960 --> 00:12:06,600 Speaker 1: and the overall process was patentable. Today, obtaining a patent 195 00:12:06,640 --> 00:12:09,520 Speaker 1: on software is still a little dodgy, and it can 196 00:12:09,559 --> 00:12:12,440 Speaker 1: really gum up the court systems in the US. But 197 00:12:12,520 --> 00:12:15,080 Speaker 1: that's a matter for another episode. So let's talk about 198 00:12:15,080 --> 00:12:18,160 Speaker 1: some other stuff that you cannot patent. You can't patent 199 00:12:18,200 --> 00:12:22,320 Speaker 1: surgical procedures. You can't patent a dance or an exercise, 200 00:12:22,920 --> 00:12:26,679 Speaker 1: though you could patent exercise equipment or dance equipment. You 201 00:12:26,720 --> 00:12:30,400 Speaker 1: can't patent an invention that violates the laws of physics, 202 00:12:30,880 --> 00:12:33,440 Speaker 1: so that means stuff like perpetual motion machines are not 203 00:12:33,600 --> 00:12:36,880 Speaker 1: eligible for patents, even though that hasn't always stopped inventors 204 00:12:36,920 --> 00:12:40,079 Speaker 1: from trying to patent it, and it hasn't always stopped 205 00:12:40,080 --> 00:12:42,840 Speaker 1: the Patent Office from making a whoopsie, at least in 206 00:12:42,880 --> 00:12:46,760 Speaker 1: the short term. Well, we're going to talk more about 207 00:12:46,840 --> 00:12:49,600 Speaker 1: the actual history of patents in just a moment, but 208 00:12:49,640 --> 00:13:02,160 Speaker 1: first let's take a quick break to thank our sponsors. Okay, 209 00:13:02,160 --> 00:13:04,560 Speaker 1: we're back. So the history of patents in the United 210 00:13:04,600 --> 00:13:08,120 Speaker 1: States involves one of the founding fathers of the country, 211 00:13:08,240 --> 00:13:11,840 Speaker 1: one of our early presidents, in fact, Thomas Jefferson, so 212 00:13:12,120 --> 00:13:14,600 Speaker 1: old Tommy Boy, spent a great deal of time in 213 00:13:14,640 --> 00:13:18,800 Speaker 1: Europe securing support as the colonies that would become the 214 00:13:18,920 --> 00:13:22,280 Speaker 1: United States were attempting to establish a new nation, and 215 00:13:22,320 --> 00:13:24,920 Speaker 1: one of the many things he picked up well over 216 00:13:25,280 --> 00:13:28,839 Speaker 1: in Europe was this concept of patents, and he felt 217 00:13:28,880 --> 00:13:31,520 Speaker 1: that the United States would need its own way to 218 00:13:31,600 --> 00:13:37,720 Speaker 1: protect ideas and inventions and innovation and experimentation. So he thought, 219 00:13:38,040 --> 00:13:40,720 Speaker 1: this is something we need to establish in our new country. 220 00:13:41,200 --> 00:13:45,080 Speaker 1: So in seventeen ninety, as Secretary of State, Thomas Jefferson 221 00:13:45,120 --> 00:13:49,600 Speaker 1: supported a bill that would establish that the Secretary of State, 222 00:13:49,679 --> 00:13:52,880 Speaker 1: the Secretary of War, and the Attorney General would serve 223 00:13:52,880 --> 00:13:55,280 Speaker 1: as a tribunal and they would have the power to 224 00:13:55,360 --> 00:13:59,400 Speaker 1: grant or deny patents. Even in the earliest version of 225 00:13:59,440 --> 00:14:02,400 Speaker 1: this law, the government required that inventions pass a standard 226 00:14:02,400 --> 00:14:06,960 Speaker 1: of being quote sufficiently useful and important end quote. If 227 00:14:07,000 --> 00:14:10,280 Speaker 1: your invention didn't measure up to that standard, you were 228 00:14:10,280 --> 00:14:12,560 Speaker 1: not going to get a patent for it. In fact, 229 00:14:12,800 --> 00:14:16,360 Speaker 1: the tribunal was so strict that for the first year 230 00:14:16,920 --> 00:14:19,240 Speaker 1: that patent law was even a thing in the United States, 231 00:14:19,560 --> 00:14:24,120 Speaker 1: they granted only three patents. The very first one was 232 00:14:24,120 --> 00:14:27,840 Speaker 1: for a process of making potash, which is used in fertilizer. 233 00:14:28,040 --> 00:14:32,000 Speaker 1: George Washington gave that patent his John Hancock, which just 234 00:14:32,000 --> 00:14:34,720 Speaker 1: wanted to say, because I'm lame and I think I'm funny. 235 00:14:35,480 --> 00:14:38,480 Speaker 1: At this time, there was no numbering system for patents. 236 00:14:38,760 --> 00:14:42,680 Speaker 1: So while Georgie Boyce signed the first patent into the US, 237 00:14:43,160 --> 00:14:45,920 Speaker 1: that's not to say that podash patent was patent number one, 238 00:14:46,400 --> 00:14:51,400 Speaker 1: because we didn't start numbering patents for like four more decades, 239 00:14:51,840 --> 00:14:54,200 Speaker 1: and I imagine the filing system back in those days 240 00:14:54,720 --> 00:14:57,360 Speaker 1: was a nightmare. In fact, I know it was because 241 00:14:57,400 --> 00:15:01,560 Speaker 1: some of the leaders of the Patent Office went bonkers 242 00:15:01,600 --> 00:15:04,320 Speaker 1: trying to fix it. Now, the original term of protection 243 00:15:04,600 --> 00:15:08,120 Speaker 1: for a patent was fourteen years, and after fourteen years, 244 00:15:08,160 --> 00:15:10,320 Speaker 1: the patent design would go into the public domain and 245 00:15:10,400 --> 00:15:12,520 Speaker 1: anyone would be able to make use of that invention 246 00:15:12,840 --> 00:15:17,480 Speaker 1: without committing patent infringement. This clause kept inventors from being 247 00:15:17,520 --> 00:15:20,280 Speaker 1: able to hoard their own work, which Jefferson and others 248 00:15:20,320 --> 00:15:22,760 Speaker 1: saw as a way of protecting the public so that 249 00:15:22,920 --> 00:15:26,440 Speaker 1: the most people could benefit from inventions while the inventor 250 00:15:26,480 --> 00:15:29,320 Speaker 1: would still enjoy a fairly long span of time as 251 00:15:29,360 --> 00:15:32,280 Speaker 1: the exclusive rights holder, thought, being like, oh, yeah, you're 252 00:15:32,680 --> 00:15:35,240 Speaker 1: going to be able to get rich in fourteen years, 253 00:15:35,680 --> 00:15:39,640 Speaker 1: and after that then you know you had your time, 254 00:15:40,040 --> 00:15:44,160 Speaker 1: and that invention needs to be sort of freed up 255 00:15:44,240 --> 00:15:47,160 Speaker 1: so that more people can take advantage of it. The 256 00:15:47,200 --> 00:15:50,120 Speaker 1: early version of this law also laid out that patent 257 00:15:50,160 --> 00:15:55,640 Speaker 1: applications should include detailed drawings and, if possible, a model 258 00:15:55,920 --> 00:15:59,720 Speaker 1: to demonstrate the working components. The model part would be 259 00:16:00,080 --> 00:16:04,480 Speaker 1: really important for nearly a century, and this would help 260 00:16:04,520 --> 00:16:08,360 Speaker 1: determine if the invention described was even possible, if it 261 00:16:08,400 --> 00:16:12,320 Speaker 1: would even work, and to understand the underlying working elements 262 00:16:12,360 --> 00:16:17,160 Speaker 1: of that invention. If your model was such that you 263 00:16:17,240 --> 00:16:20,720 Speaker 1: could not see how this invention could possibly work when 264 00:16:20,800 --> 00:16:24,560 Speaker 1: built at scale, that was a bad sign. So the 265 00:16:24,560 --> 00:16:27,160 Speaker 1: model needed to be able to convey, yes, this is 266 00:16:27,440 --> 00:16:31,360 Speaker 1: an idea that will work in the real world. One 267 00:16:31,360 --> 00:16:33,520 Speaker 1: of the big issues with these models is that they 268 00:16:33,560 --> 00:16:36,200 Speaker 1: took up a lot of space, right like, you had 269 00:16:36,200 --> 00:16:38,560 Speaker 1: to find a place to put them and store them 270 00:16:38,600 --> 00:16:42,960 Speaker 1: and preserve them, and that would become a huge challenge 271 00:16:43,040 --> 00:16:47,400 Speaker 1: later on as more patent applications would pour in. Now, 272 00:16:47,800 --> 00:16:50,840 Speaker 1: if you were an inventor, you could choose not to 273 00:16:50,880 --> 00:16:52,800 Speaker 1: pursue a patent at all if you wanted to. You 274 00:16:52,840 --> 00:16:56,280 Speaker 1: could just try and keep your design a secret. You 275 00:16:56,320 --> 00:17:00,680 Speaker 1: could choose to not share drawings or models your invention, 276 00:17:01,320 --> 00:17:04,520 Speaker 1: and maybe you make the thing and sell the thing, 277 00:17:04,840 --> 00:17:07,320 Speaker 1: and you never bother to explain how the thing works 278 00:17:07,320 --> 00:17:09,800 Speaker 1: to anyone else. So you might want to do that 279 00:17:10,640 --> 00:17:15,600 Speaker 1: rather than describe and detail how your invention works, because 280 00:17:15,600 --> 00:17:18,159 Speaker 1: that way you would be the one making all the 281 00:17:18,200 --> 00:17:22,119 Speaker 1: decisions about your invention forever, or at least for as 282 00:17:22,119 --> 00:17:25,879 Speaker 1: long as you're alive. However, if someone else were able 283 00:17:25,920 --> 00:17:29,480 Speaker 1: to figure out how your invention works, then they could 284 00:17:29,520 --> 00:17:32,400 Speaker 1: go and make their own version without going through you. 285 00:17:32,920 --> 00:17:35,640 Speaker 1: And if you don't have a patent protecting your invention, 286 00:17:35,920 --> 00:17:39,360 Speaker 1: you don't really have a lot of recourse. If your 287 00:17:39,359 --> 00:17:42,720 Speaker 1: competitor is better at marketing and selling your invention than 288 00:17:42,760 --> 00:17:45,760 Speaker 1: you are, you could find yourself at a major disadvantage. 289 00:17:45,760 --> 00:17:48,400 Speaker 1: So while filing a patent requires you to explain how 290 00:17:48,400 --> 00:17:52,320 Speaker 1: the heck your thing works, the protections you get from 291 00:17:52,440 --> 00:17:56,840 Speaker 1: a patent can outweigh any concern about giving up your secrets, 292 00:17:57,920 --> 00:18:00,160 Speaker 1: unless it's a trade secret you really want to protected. 293 00:18:01,240 --> 00:18:06,080 Speaker 1: So yeah, that's another alternative to getting a patent, just 294 00:18:06,119 --> 00:18:10,080 Speaker 1: not necessarily a wise one, depending upon what your invention is. Anyway, 295 00:18:10,359 --> 00:18:12,439 Speaker 1: back to the history of patents in the US, so 296 00:18:12,600 --> 00:18:18,439 Speaker 1: early inventors were starting to complain about the patent system 297 00:18:18,480 --> 00:18:22,480 Speaker 1: that Jefferson had kind of overseen, and there's not really 298 00:18:22,520 --> 00:18:25,240 Speaker 1: a big surprise there. When you have only three patent 299 00:18:25,280 --> 00:18:27,400 Speaker 1: applications that make it all the way through to become 300 00:18:27,480 --> 00:18:31,520 Speaker 1: patents in a full year, you might start to say 301 00:18:31,720 --> 00:18:35,560 Speaker 1: the system is not working as intended. So some inventors 302 00:18:35,600 --> 00:18:39,399 Speaker 1: complained that the people who are occupying the positions that 303 00:18:39,440 --> 00:18:43,840 Speaker 1: were responsible for reviewing the patents were inherently biased against 304 00:18:44,080 --> 00:18:48,040 Speaker 1: the industrial class, and there may have been some truth 305 00:18:48,080 --> 00:18:50,800 Speaker 1: to that. The political leadership of the US largely came 306 00:18:50,880 --> 00:18:57,080 Speaker 1: from more aristocratic lines, sometimes agrarian ones, Thomas Jefferson, for example. 307 00:18:57,560 --> 00:19:00,440 Speaker 1: So we got a couple of revisions to pass law 308 00:19:00,800 --> 00:19:04,080 Speaker 1: in the following years that changed things around in a 309 00:19:04,200 --> 00:19:08,119 Speaker 1: major way. So in seventeen ninety three, just three years 310 00:19:08,160 --> 00:19:11,240 Speaker 1: in to this grand experiment of four technically if you 311 00:19:11,280 --> 00:19:16,199 Speaker 1: count like seventeen ninety one, ninety two and then ninety three, 312 00:19:16,240 --> 00:19:19,040 Speaker 1: a big change happened. And that change was that it 313 00:19:19,160 --> 00:19:24,800 Speaker 1: removed the tribunal's right to review applications and then reject 314 00:19:24,880 --> 00:19:27,680 Speaker 1: them on the basis of lack of merit, so kind 315 00:19:27,680 --> 00:19:30,840 Speaker 1: of like a drastic opposite of how things had been 316 00:19:31,400 --> 00:19:34,399 Speaker 1: going up to that point. So essentially, the thought was 317 00:19:34,440 --> 00:19:38,119 Speaker 1: that the Patent office should just grant patents regardless of 318 00:19:38,119 --> 00:19:42,679 Speaker 1: whether the application demonstrated a useful or new invention or not. 319 00:19:43,640 --> 00:19:46,919 Speaker 1: If they pays their money, they gets their patents. That 320 00:19:47,040 --> 00:19:50,280 Speaker 1: was the thinking that would mean that the US court 321 00:19:50,359 --> 00:19:54,119 Speaker 1: system would be responsible for hashing out all the different 322 00:19:54,160 --> 00:19:57,760 Speaker 1: legal cases that involve problems with this approach. Remember, if 323 00:19:58,240 --> 00:20:01,600 Speaker 1: if you're not able to review an reject a patent application, 324 00:20:02,160 --> 00:20:04,800 Speaker 1: and someone patents an invention and then someone else tries 325 00:20:04,840 --> 00:20:08,439 Speaker 1: to patent the same invention, you can't reject it. That 326 00:20:08,520 --> 00:20:11,040 Speaker 1: means you grant a patent for both inventions, even though 327 00:20:11,080 --> 00:20:16,280 Speaker 1: one clearly predated another, which kind of brings the whole 328 00:20:16,359 --> 00:20:20,360 Speaker 1: question about who has those patent rights under fire right, 329 00:20:21,000 --> 00:20:23,359 Speaker 1: And these are things that would end up going to courts, 330 00:20:23,359 --> 00:20:25,199 Speaker 1: and then the courts would have to decide all this. 331 00:20:25,320 --> 00:20:28,159 Speaker 1: So it was kind of passing the buck of this 332 00:20:28,280 --> 00:20:31,840 Speaker 1: responsibility off to the court system. Not that the tribunal 333 00:20:32,080 --> 00:20:35,399 Speaker 1: necessarily wanted this, but this is how the law was changed. 334 00:20:35,880 --> 00:20:39,199 Speaker 1: So if you filed a patent for something simple that 335 00:20:39,240 --> 00:20:41,600 Speaker 1: had already been around for ages, like you didn't actually 336 00:20:41,640 --> 00:20:43,760 Speaker 1: invent something you just decided to file a patent for, 337 00:20:43,840 --> 00:20:47,439 Speaker 1: like I don't know, a shovel, then technically, if you 338 00:20:47,440 --> 00:20:50,600 Speaker 1: paid your application fee, then you would get your patent 339 00:20:50,760 --> 00:20:54,280 Speaker 1: approved and you could theoretically use your patent to go 340 00:20:54,359 --> 00:20:56,679 Speaker 1: after anyone who made a shovel that didn't pay you. 341 00:20:57,560 --> 00:21:00,280 Speaker 1: Chances are that wouldn't really go very far in court, 342 00:21:00,640 --> 00:21:04,240 Speaker 1: Like it wouldn't be a successful kind of tactic, but 343 00:21:04,359 --> 00:21:06,520 Speaker 1: it would take up a lot of time, It would 344 00:21:06,600 --> 00:21:09,920 Speaker 1: waste time, and it would be a real nuisance. And 345 00:21:10,000 --> 00:21:13,160 Speaker 1: so yeah, this was a big change. Now, another set 346 00:21:13,160 --> 00:21:16,000 Speaker 1: of revisions stated that only a US citizen would be 347 00:21:16,000 --> 00:21:18,840 Speaker 1: able to receive a US patent. That rule would also 348 00:21:18,960 --> 00:21:23,200 Speaker 1: evolve over time. You would have exceptions or some language 349 00:21:23,240 --> 00:21:24,960 Speaker 1: that would change this a bit, like if someone had 350 00:21:24,960 --> 00:21:28,240 Speaker 1: been in the country for at least two years and 351 00:21:28,400 --> 00:21:31,560 Speaker 1: expressed a desire to become a US citizen, then they 352 00:21:31,560 --> 00:21:33,960 Speaker 1: would be eligible for a patent. Then you know, this 353 00:21:34,000 --> 00:21:37,000 Speaker 1: would change again. So this was an evolving concept. But 354 00:21:37,560 --> 00:21:40,560 Speaker 1: there was a time where if you wanted to get 355 00:21:40,600 --> 00:21:44,520 Speaker 1: a US patent you had to be a US citizen. 356 00:21:44,960 --> 00:21:48,199 Speaker 1: Interesting because again, the United States had not existed for 357 00:21:48,480 --> 00:21:52,080 Speaker 1: very long at all at this point. From seventeen ninety 358 00:21:52,119 --> 00:21:55,560 Speaker 1: to eighteen oh two, there was a solitary clerk in 359 00:21:55,600 --> 00:22:00,360 Speaker 1: the state department who oversaw operations because rapidly this whole 360 00:22:00,359 --> 00:22:04,840 Speaker 1: tribunal approach essentially said, let's just make one person in 361 00:22:04,920 --> 00:22:07,720 Speaker 1: charge of this and not have to take up department 362 00:22:07,800 --> 00:22:11,280 Speaker 1: time with the leaders of three different departments coming together 363 00:22:12,000 --> 00:22:14,320 Speaker 1: to make these decisions. So it became a clerk in 364 00:22:14,359 --> 00:22:16,480 Speaker 1: the State Department who had to do it, and that 365 00:22:16,640 --> 00:22:19,800 Speaker 1: was rough. So once you get to eighteen oh two, 366 00:22:20,520 --> 00:22:26,640 Speaker 1: Jefferson then appoints a physician named doctor William Thornton as 367 00:22:26,720 --> 00:22:30,720 Speaker 1: the Superintendent of the Patent Office, a position he would 368 00:22:30,720 --> 00:22:34,840 Speaker 1: hold for twenty six years, and to this day, doctor 369 00:22:34,880 --> 00:22:38,440 Speaker 1: Thornton stands out as the person who served as leader 370 00:22:38,480 --> 00:22:43,280 Speaker 1: of the Patent Office for the longest tenure. Doctor Thornton 371 00:22:43,560 --> 00:22:47,480 Speaker 1: was a highly educated man. He was born in the 372 00:22:47,480 --> 00:22:51,359 Speaker 1: British Virgin Islands in seventeen fifty nine. He was sent 373 00:22:51,640 --> 00:22:56,879 Speaker 1: to attend school in England. He ended up attending the 374 00:22:57,000 --> 00:23:01,880 Speaker 1: University of Aberdeen and earned a medical degree. And interestingly, 375 00:23:02,400 --> 00:23:05,080 Speaker 1: when he returned to the United States, he participated in 376 00:23:05,119 --> 00:23:09,720 Speaker 1: a little competition. There was a competition to submit designs 377 00:23:09,760 --> 00:23:13,280 Speaker 1: for what the US Capitol building should look like, so 378 00:23:13,720 --> 00:23:17,440 Speaker 1: he created one and he won the competition. He would 379 00:23:17,440 --> 00:23:20,120 Speaker 1: actually go on to design other buildings that would become 380 00:23:20,160 --> 00:23:23,040 Speaker 1: famous landmarks in Washington, d C. Not all of which 381 00:23:23,480 --> 00:23:26,119 Speaker 1: would survive. Due to something that's going to happen in 382 00:23:26,200 --> 00:23:29,040 Speaker 1: just a few years. But yeah, he did this without 383 00:23:29,119 --> 00:23:33,160 Speaker 1: any formal training in architecture. He was just really interested 384 00:23:33,200 --> 00:23:37,680 Speaker 1: in it and submitted his designs and won. Anyway, he 385 00:23:37,800 --> 00:23:42,439 Speaker 1: assumed the role of Patent Office Superintendent on June first, 386 00:23:42,520 --> 00:23:46,560 Speaker 1: eighteen oh two, becoming the first superintendent of the United 387 00:23:46,560 --> 00:23:50,680 Speaker 1: States Patent Office. Now, originally the title was more or 388 00:23:50,760 --> 00:23:56,840 Speaker 1: less informal. There was like no official law that really 389 00:23:56,960 --> 00:24:01,480 Speaker 1: established the office. In fact, he wasn't allowed to hire 390 00:24:01,560 --> 00:24:06,359 Speaker 1: an assistant until eighteen ten, which meant he had to 391 00:24:06,400 --> 00:24:08,800 Speaker 1: oversee all the work of the office personally. It was 392 00:24:08,840 --> 00:24:12,040 Speaker 1: an office consisting of one person, and that was the superintendent. 393 00:24:12,320 --> 00:24:15,320 Speaker 1: I think that's hilarious that you could be a superintendent 394 00:24:15,400 --> 00:24:20,439 Speaker 1: and have no one to superintend I guess. Anyway, that 395 00:24:20,600 --> 00:24:23,680 Speaker 1: year eighteen ten would also see the US government purchase 396 00:24:23,720 --> 00:24:27,919 Speaker 1: a building that was called Blodgett's Hotel. So it was 397 00:24:27,920 --> 00:24:30,320 Speaker 1: a building that was meant to be, you know, the 398 00:24:30,359 --> 00:24:34,840 Speaker 1: sort of luxurious hotel. But from what I understand, apparently 399 00:24:34,880 --> 00:24:37,440 Speaker 1: the money to build the hotel kind of ran out 400 00:24:38,040 --> 00:24:41,679 Speaker 1: mid construction or toward the end of construction, and so 401 00:24:41,880 --> 00:24:46,520 Speaker 1: it was not quite finished. So US Congress purchased this 402 00:24:46,680 --> 00:24:50,159 Speaker 1: building and chose it to serve as the headquarters for 403 00:24:50,240 --> 00:24:54,160 Speaker 1: both the United States Post Office and the Patent Office. 404 00:24:54,720 --> 00:24:57,280 Speaker 1: That Post Office bit would later end up being very 405 00:24:57,320 --> 00:25:00,440 Speaker 1: bad news, as it turns out. But again that's getting 406 00:25:00,440 --> 00:25:02,879 Speaker 1: ahead of things. All right, let's take another quick break. 407 00:25:02,960 --> 00:25:05,640 Speaker 1: When we come back, we'll close out this part one 408 00:25:05,840 --> 00:25:08,720 Speaker 1: episode about the history of patent law and the Patent 409 00:25:08,760 --> 00:25:21,159 Speaker 1: Office in the United States. Okay, we're back now. We 410 00:25:21,280 --> 00:25:27,480 Speaker 1: left off in eighteen ten with the Blodget Hotel becoming 411 00:25:27,680 --> 00:25:31,800 Speaker 1: the new home for the Post Office and the Patent Office, 412 00:25:31,880 --> 00:25:36,200 Speaker 1: and doctor Thornton is well into his tenure as superintendent 413 00:25:36,280 --> 00:25:38,360 Speaker 1: of the Patent Office. This would be the year when 414 00:25:38,400 --> 00:25:41,800 Speaker 1: he would finally be able to hire an assistant. Well 415 00:25:41,840 --> 00:25:45,919 Speaker 1: two years after that war broke out. Now fittingly, it 416 00:25:46,040 --> 00:25:48,440 Speaker 1: was the War of eighteen twelve, so at least everything 417 00:25:48,480 --> 00:25:51,280 Speaker 1: lined up so that the war was on time. However, 418 00:25:51,320 --> 00:25:53,719 Speaker 1: that war actually lasted till eighteen fifteen, so it kind 419 00:25:53,760 --> 00:25:58,240 Speaker 1: of overstated. It's welcome anyway. This war was primarily between 420 00:25:58,280 --> 00:26:03,800 Speaker 1: America and the British, frequently fought through native proxies, like 421 00:26:03,880 --> 00:26:08,159 Speaker 1: there were Native Americans who were fighting on behalf of 422 00:26:08,200 --> 00:26:10,760 Speaker 1: America on one side and fighting on behalf of Britain 423 00:26:10,800 --> 00:26:13,320 Speaker 1: on the other side. Now, to go into all the 424 00:26:13,359 --> 00:26:16,840 Speaker 1: reasons about why there was a war in the first 425 00:26:16,880 --> 00:26:19,399 Speaker 1: place is beyond the scope of this podcast. And besides, 426 00:26:19,400 --> 00:26:22,719 Speaker 1: there's actually a lot of historical debate over what the 427 00:26:22,760 --> 00:26:26,080 Speaker 1: heck really precipitated this war. I mean, there are a 428 00:26:26,119 --> 00:26:28,959 Speaker 1: lot of different factors, and people argue over which ones 429 00:26:29,880 --> 00:26:34,560 Speaker 1: were the most important. But for our episode, the important 430 00:26:34,560 --> 00:26:38,520 Speaker 1: bit is that the patent office was in Washington, d C. 431 00:26:39,200 --> 00:26:45,000 Speaker 1: And in eighteen fourteen, British forces captured Washington, d C. 432 00:26:45,640 --> 00:26:48,800 Speaker 1: And all the government buildings were potentially in danger because 433 00:26:48,800 --> 00:26:52,200 Speaker 1: they were important, and they were big, and they were 434 00:26:52,280 --> 00:26:56,159 Speaker 1: great targets for setting stuff on fire. So the story 435 00:26:56,240 --> 00:26:59,719 Speaker 1: goes that doctor Thornton prevailed upon the British to spare 436 00:27:00,080 --> 00:27:04,640 Speaker 1: Blodget Hotel, arguing that the patents and the models within 437 00:27:04,800 --> 00:27:08,520 Speaker 1: the hotel were for inventions that could benefit people all 438 00:27:08,560 --> 00:27:11,239 Speaker 1: around the world, not just in the United States, and 439 00:27:11,280 --> 00:27:13,359 Speaker 1: that if the British were to burn them all and 440 00:27:13,440 --> 00:27:17,600 Speaker 1: destroy them, it would be inflicting severe self harm down 441 00:27:17,720 --> 00:27:20,920 Speaker 1: the line, and that plea appeared to work. The British 442 00:27:21,280 --> 00:27:25,239 Speaker 1: did not burn down the Blodget Hotel the way that 443 00:27:25,280 --> 00:27:29,440 Speaker 1: they did with many other buildings, including the US Capital, which, 444 00:27:29,440 --> 00:27:32,880 Speaker 1: if you recall, was based off of doctor Thornton's own design. 445 00:27:33,640 --> 00:27:37,879 Speaker 1: In fact, Congress itself would have to temporarily move into 446 00:27:37,920 --> 00:27:41,280 Speaker 1: the Blodget Hotel in eighteen fifteen as a result of 447 00:27:41,280 --> 00:27:44,560 Speaker 1: having nowhere else to meet because the US Capitol was 448 00:27:44,600 --> 00:27:48,359 Speaker 1: so badly damaged by fire and had to undergo extensive repairs. 449 00:27:49,080 --> 00:27:53,119 Speaker 1: And just to be historically fair, while you know, you 450 00:27:53,160 --> 00:27:55,600 Speaker 1: could say, wow, the British came in and started burning 451 00:27:55,640 --> 00:27:58,359 Speaker 1: all these important buildings, isn't that terrible? We have to 452 00:27:58,400 --> 00:28:02,040 Speaker 1: also keep in mind that the Americans had captured and 453 00:28:02,320 --> 00:28:07,959 Speaker 1: raided and burned British held properties in Canada leading up 454 00:28:07,960 --> 00:28:12,000 Speaker 1: to this, so neither side was innocent of this kind 455 00:28:12,000 --> 00:28:15,199 Speaker 1: of behavior. They both had been perpetuating the sort of 456 00:28:15,280 --> 00:28:18,560 Speaker 1: warfare against one another. So I don't want to just 457 00:28:19,200 --> 00:28:22,280 Speaker 1: be unfair to the Brits. The Americans also got a 458 00:28:22,280 --> 00:28:28,119 Speaker 1: little happy with the matchsticks. Doctor Thornton got into some 459 00:28:29,200 --> 00:28:34,360 Speaker 1: fairly significant disputes during his time as Superintendent. For one thing, 460 00:28:34,760 --> 00:28:39,280 Speaker 1: a major thing, he disagreed with the seventeen ninety three 461 00:28:39,400 --> 00:28:43,080 Speaker 1: revisions to patent law that said he was not supposed 462 00:28:43,120 --> 00:28:45,960 Speaker 1: to reject patents that failed to describe something that was 463 00:28:46,080 --> 00:28:51,360 Speaker 1: new or useful. He thought, that is dumb. It's just 464 00:28:51,560 --> 00:28:55,440 Speaker 1: ludicrous to give a blanket approval to any patent that 465 00:28:55,560 --> 00:28:59,920 Speaker 1: happens to pay the application fee. So he largely ignored 466 00:29:00,120 --> 00:29:02,840 Speaker 1: that rule. He just said, you know what, no, I'm 467 00:29:02,880 --> 00:29:05,680 Speaker 1: gonna tell inventors that I'm not going to approve a 468 00:29:05,720 --> 00:29:09,120 Speaker 1: patent if the invention they described isn't new or useful. 469 00:29:09,600 --> 00:29:13,080 Speaker 1: So he became kind of the sole arbiter to decide 470 00:29:13,120 --> 00:29:16,240 Speaker 1: if a patent was worthy or not. He also occasionally 471 00:29:16,240 --> 00:29:19,160 Speaker 1: would list himself as an inventor or a co inventor 472 00:29:19,480 --> 00:29:23,200 Speaker 1: on patents. I don't know to what extent he actually 473 00:29:23,200 --> 00:29:27,120 Speaker 1: contributed to the invention. Maybe this was because he would 474 00:29:27,120 --> 00:29:30,800 Speaker 1: sometimes work with applicants in order to get their patents 475 00:29:30,800 --> 00:29:33,440 Speaker 1: in shape so that they could be approved. I don't 476 00:29:33,440 --> 00:29:35,720 Speaker 1: know the answer to that, but it did bring into 477 00:29:35,800 --> 00:29:40,600 Speaker 1: question his ethics, like is he just listing himself so 478 00:29:40,640 --> 00:29:46,000 Speaker 1: that he can enjoy some of the reward of this 479 00:29:46,160 --> 00:29:50,480 Speaker 1: invention going into production. He was involved in a fracaw 480 00:29:51,120 --> 00:29:53,720 Speaker 1: or fracas. If you're down here in the South with 481 00:29:53,880 --> 00:29:58,360 Speaker 1: Robert Fulton that was the inventor of the steamboat. Fulton 482 00:29:58,760 --> 00:30:01,360 Speaker 1: was finding it very frustrating to work with the Patent Office, 483 00:30:01,960 --> 00:30:06,000 Speaker 1: and this might be because that doctor Thornton was also 484 00:30:06,080 --> 00:30:09,280 Speaker 1: close friends with a guy named John Fitch, who was 485 00:30:09,360 --> 00:30:14,360 Speaker 1: a contemporary and competitor to mister Fulton, which just goes 486 00:30:14,400 --> 00:30:19,000 Speaker 1: to show that conflicts of interest have always been a thing. Now, 487 00:30:19,000 --> 00:30:22,640 Speaker 1: Doctor Thornton served as Superintendent of the Patent Office until 488 00:30:22,720 --> 00:30:27,560 Speaker 1: eighteen twenty eight, and he stopped then, like he totally stopped, 489 00:30:27,680 --> 00:30:31,080 Speaker 1: because you know, he died. The next person to hold 490 00:30:31,120 --> 00:30:36,320 Speaker 1: the office would be Thomas P. Jones, another scientist and physician, 491 00:30:37,200 --> 00:30:40,760 Speaker 1: and that came as quite a shock to a guy 492 00:30:40,840 --> 00:30:46,760 Speaker 1: named William Elliot. William Elliott had been doctor Thornton's chief clerk, 493 00:30:46,880 --> 00:30:49,920 Speaker 1: sort of his right hand man, and Elliott had assumed 494 00:30:50,360 --> 00:30:54,880 Speaker 1: that he would be promoted to superintendent upon doctor Thornton's passing, 495 00:30:55,600 --> 00:30:59,040 Speaker 1: but that did not happen, and so the seeds were 496 00:30:59,120 --> 00:31:03,920 Speaker 1: sown for some major drama in the US Patent Office. 497 00:31:04,400 --> 00:31:07,680 Speaker 1: But with that bit of foreshadowing, we're going to bring 498 00:31:07,720 --> 00:31:10,160 Speaker 1: this episode to an end and we will pick up 499 00:31:10,240 --> 00:31:15,440 Speaker 1: here tomorrow with tomorrow's episode. Just a reminder, as I said, 500 00:31:15,480 --> 00:31:18,040 Speaker 1: on Friday, I will be in Las Vegas at the 501 00:31:18,080 --> 00:31:21,640 Speaker 1: iHeart House of Music, which is free. It's outside the 502 00:31:21,680 --> 00:31:24,280 Speaker 1: T Mobile Arena. It's part of the festival, but it's 503 00:31:24,320 --> 00:31:26,080 Speaker 1: a free part of the festival, So if you want 504 00:31:26,080 --> 00:31:28,720 Speaker 1: to swing by and say hi on Friday, I'll be 505 00:31:28,800 --> 00:31:32,320 Speaker 1: out there. I'll be the bald guy getting ready to 506 00:31:32,320 --> 00:31:35,080 Speaker 1: podcast at six pm. I hope to see you there, 507 00:31:35,400 --> 00:31:38,040 Speaker 1: and I hope you're all well, and I'll talk to 508 00:31:38,080 --> 00:31:48,440 Speaker 1: you again really soon. Tech Stuff is an iHeartRadio production. 509 00:31:48,760 --> 00:31:53,760 Speaker 1: For more podcasts from iHeartRadio, visit the iHeartRadio app, Apple Podcasts, 510 00:31:53,920 --> 00:31:59,320 Speaker 1: or wherever you listen to your favorite shows.