Regulation of invention
The origins of patents for invention are obscure and no one country can claim to have
been the first
in the field with a patent system. However, Britain does have the longest continuous patent tradition
in the world. Its origins can be traced back to the 15th century, when the Crown started making
specific grants of privilege to manufacturers and traders.
Such grants were signified by Letters Patent, open letters marked with the King's
Great Seal. The
earliest known English patent for invention was granted by Henry VI to Flemish- born John of
Utynam in 1449. The patent gave John a 20-year monopoly for a method of making stained glass,
required for the windows of Eton College, that had not been previously known in England.
In the time of the Tudors it became common practice for the Crown to grant monopolies
for trades
and manufacturers, including patents for invention. During the 30 years from 1561 to 1590,
Elizabeth I granted about 50 patents whereby the recipients were enabled to exercise monopolies
in the manufacture and sale of commodities such as soap, saltpetre, alum, leather, salt, glass,
knives, sailcloth, sulphur, starch, iron and paper. However, the Queen did refuse to grant patents in
certain cases. For example, in 1596 Sir John Harrington's request for a patent on his design for a
water closet was turned down on the grounds of propriety.
Under both Elizabeth I and her successor James I, the granting of monopolies for particular
commodities became increasingly subject to abuse. It was not uncommon for grants to be made
for inventions and trades that were not new; for example, a patent granted by Elizabeth I for the
making of knives with bone shafts was held by the Court of Queen's Bench to be unsustainable
because these articles were already being made in the Realm. In some instances grants were
made to royal favourites or for the purpose of replenishing royal coffers.
In 1610, James I was forced by mounting judicial criticism and public outcry to revoke
all previous
patents and declare in his "Book of Bounty" that 'monopolies are things contrary to our laws'
and
"we expressly command that no suitor presume to move us". He stated an exception to this ban
for "projects of new invention so they be not contrary to the law, nor mischievous to the State".
The
doctrine of the public interest was thus introduced into the patent system at a very early date and
the words were incorporated into the Statute of Monopolies of 1624. Section 6 of the Statute
rendered illegal all monopolies except those "for the term of 14 years or under hereafter to be
made
of the sole working or making of any manner of new manufactures within this Realm to the true and
first inventor"; such monopolies should not be "contrary to the law nor mischievous to the
State by
raising prices of commodities at home or hurt of trade".
In the 200 years after the Statute of Monopolies, the patent system developed through
the work of
lawyers and judges in the courts without government regulation. In the reign of Queen Anne, the
law officers of the Crown established as a condition of grant that "the patentee must by an
instrument in writing describe and ascertain the nature of the invention and the manner in which it
is to be performed". James Puckle's 1718 patent for a machine gun was one of the first to be
required to provide a "specification", as this instrument became known. The famous patent
of
Arkwright for spinning machines was voided for the lack of an adequate specification in 1785, after
it had been in existence for 10 years. On the other hand, extensive litigation on Watt's 1796 patent
for steam engines established the important principles that valid patents could be granted for
improvements in a known machine, and for ideas or principles, even though the specification might
be limited to bare statements of such improvements or principles, provided they could be readily
carried into effect, or were "clothed in practical application".
Britain's patent system served the country well during the dramatic technological
changes of the
industrial revolution. However, by the mid- 19th century it had become extremely inefficient. The
Great Exhibition of 1851 accelerated demands for patent reform.
Up to that time, any prospective patentee had to present a petition to no less than
seven offices,
and at each stage to pay certain fees. The procedure was described in exaggerated form,
somewhat derisively, by Charles Dickens in his spoof, "A Poor Man's Tale of a Patent", published
in the 19th-century popular journal "Household Words"; Dickens' inventor visits 34 offices
(including
some abolished years before). To meet public concerns over this state of affairs, the Patent Office
was established by the Patent Law Amendment Act of 1852, which completely overhauled the
British patent system and laid down a simplified procedure for obtaining patents of invention.
Management of systems
Norbert Wiener had been teaching mathematics at MIT since 1919. Soon after his arrival
there he
had become acquainted with the neurophysiologist Arturo Rosenblueth, onetime collabourator of
Walter B. Cannon (who gave homeostasis its name). Out of this new friendship cybernetics would
be born, twenty years later. With Wiener's help Rosenblueth set up small interdisciplinary teams to
explore the no man's land between the established sciences.
In 1940 Wiener worked with a young engineer, Julian H. Bigelow, to develop automatic
range
finders for antiaircraft guns. Such servomechanisms are able to predict the trajectory of an
aeroplane by taking into account the elements of past trajectories. During the course of their work
Wiener and Bigelow were struck by two astonishing facts: the seemingly "intelligent" behaviour
of
these machines and the "diseases" that could affect them. Theirs appeared to be "intelligent"
behaviour because they dealt with "experience" (the recording of past events) and predictions
of the
future. There was also a strange defect in performance: if one tried to reduce the friction, the
system entered into a series of uncontrollable oscillations.
Impressed by this disease of the machine, Wiener asked Rosenblueth whether such behaviour
was
found in man. The response was affirmative: in the event of certain injuries to the cerebellum, the
patient cannot lift a glass of water to his mouth; the movements are amplified until the contents of
the glass spill on the ground. From this Wiener inferred that in order to control a finalized action
(an
action with a purpose) the circulation of information needed for control must form "a closed loop
allowing the evaluation of the effects of one's actions and the adaptation of future conduct based on
past performances." This is typical of the guidance system of the antiaircraft gun, and it is equally
characteristic of the nervous system when it orders the muscles to make a movement whose
effects are then detected by the senses and fed back to the brain.
Thus Wiener and Bigelow discovered the closed loop of information necessary to correct
any action-
- the negative feedback loop--and they generalised this discovery in terms of the human organism.
During this period the multidisciplinary teams of Rosenblueth were being formed and
organized.
Their purpose was to approach the study of living organisms from the viewpoint of a
servomechanisms engineer and, conversely, to consider servomechanisms with the experience of
the physiologist. An early seminar at the Institute for Advanced Study at Princeton in 1942 brought
together mathematicians, physiologists, and mechanical and electrical engineers. In light of its
success, a series of ten seminars was arranged by the Josiah Macy Foundation. One man working
with Rosenblueth in getting these seminars under way was the neurophysiologist Warren
McCulloch, who was to play a considerable role in the new field of cybernetics. In 1948 two basic
publications marked an epoch already fertile with new ideas: Norbert Wiener's Cybernetics, or
Control and Communication in the Animal and the Machine, and The Mathematical Theory of
Communication by Claude Shannon and Warren Weaver.
The latter work founded information theory, which lies behind all human production
behaviours, not
least those concerned with the management of human economic systems.