On June 26, 1801 (or rather on 7 Messidor Year 9, since the Republic calendar was still in force at the time), the French Minister of the Interior awarded Abraham-Louis Breguet, the founder of Breguet, a patent for the invention of the tourbillon.
As it turns out, the crux of the invention was head-slappingly simple: though a patent-pending idea Smith calls "get out of the way control, " the unit measures the load on each joint as its operator moves about, and figures out the direction it needs to move in 3-D space to literally move out of the way.
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As proposed, any strategy for reducing, avoiding, or deferring tax liability, whether known or unknown at the time of the invention or application for a patent, would not qualify.
But former colleagues of Myhrvold and patent experts watching moves at Intellectual Ventures say the firm is less an invention company than a protection company.
Whitney, for example, almost completely failed to prevent infringement of his cotton gin patent, and as a consequence made very little money from his invention.
As technology proceeds in a patent-obsessed world, the fruits of innovation flow to the owners of the capital and invention, forming a whole new rentier class.
If Company A does not make any public disclosures regarding the invention before the August filing, Company B can get the patent by virtue of its earlier filing date.
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In the end, the ITC may pay attention to U.S. Appeals Court ruling in favor of Samsung which stated that an injunction is proper only if the patented invention drives sales and is not proper if the patent represents a single feature of a multi featured device.
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The court, in an order today, said it would consider only the question of whether human genes can be patented, meaning it plans to dive straight into one of the most contentious and elusive questions in patent law, which is the difference between an invention and a natural phenomena.
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