Trade secret

“In addition to providing a reward, the Patent System is supposed also to provide an incentive for new discovery and invention. Actually, the present laws achieve almost none of these very idealistic objectives. The System has failed to keep pace with the technological and scientific progress of the world so that it fails to accomplish that for which it was designed. It protects virtually none of those who most deserve its protection.

“I, for one, am in the position of having what we may term a Trade Secret of great value both to myself and to Society. I would like to share it, but under the present Patent System there is no possible way I may do this and receive a remuneration which I consider adequate and equitable.”

A senator interrupted, frowning. “You mean you are not able to obtain patents on your discoveries under the present laws?”

“That is correct,” said Mart. “I cannot protect my discoveries, therefore, if I am to make any practical use of them I must keep them as Trade Secrets, as it were.”

“But there are patents here,” said the senator. He held up a sheaf of papers. “I have copies of patents issued to you, covering the devices over which disputes seem to have arisen.”

Mart shook his head. “No, sir. There is no dispute over the devices covered by those patents. No one is trying to deny me the privilege of making a million toy rockets propelled by antigravity, nor do they care if I become rich as an operator of gambling clubs.

“But I do not wish for these things. I have been forced into these activities by the deficiencies of the Patent Laws.”

The senator gulped a mouthful of air in restrained exasperation. “How in the world can any law of the United States force you into such activities against your will?”

“Just a moment, if you will,” said Senator Cogswell. “Perhaps we should allow Dr. Nagle to complete his testimony without interruption. There will be opportunity for questioning later.”

“If I were free to do so,” said Mart, “I would immediately release my material to the industrial and Governmental laboratories of the country. Within months, the hundreds of engineers in these organizations would be able to develop scores of useful devices based upon my discoveries. But the engineers would be granted patents on the devices in the name of the corporations for which they worked. The corporations would be the ones to profit. I would get not one dime for my part of the work!”

“That’s fantastic,” the interrupting senator said. “I can’t believe that such a situation exists. Certainly no one is going to try to force you to give your work away for nothing.

“What I do not understand is all this talk about inadequate protection under our Patent Laws. Exactly what is it you wish to patent? Why cannot these so-called Trade Secrets of yours be handled in a normal patentable manner?”

Mart smiled and shrugged. “You cannot require me to explain my Trade Secrets here. In this audience there are those who would take unauthorized advantage of them if I were to describe them at this time. Briefly, the work that I have done is classified by the patent authorities as Laws of Nature. These cannot be protected.”

Cogswell frowned. “I am not too familiar with the terminology,” he said. “I presume that an example would be the Law of Gravity.”

“Yes,” said Mart. “The Law of Gravity would be classified by the patent people as a Law of Nature.”

“And you suggest then, that if Sir Isaac Newton were alive today and published his discovery of the Law of Gravity that he should be allowed a patent on it?”

“Precisely,” said Mart. “That is exactly the thing I am suggesting.”

There was a general shifting among the audience, the scrape of feet on the floor. From the Committee table there were unrestrained snickers.

Chairman Cogswell did not restrain his own smile. “I fail to see, first of all,” he said, “what good it would have done the good Sir Isaac to have held such a patent. The Law of Gravity would continue to operate, I am sure, regardless of the patent. Are you suggesting that it would have had any effect on our lives to have the Law of Gravity patented?

“Perhaps Sir Isaac could have levied a toll upon each of us for the privilege of sticking to the surface of the Earth through the operation of his law? Or collected a royalty on each apple that falls?”

The senators chuckled in unison, turning to one another in appreciation of Cogswell’s fine wit. But Mart was looking over the faces of the technical members of the audience. He was pleased with their frowns of disgust.

“I do not make any such suggestions,” Mart said to Cogswell.

“Then will you please explain to the Committee what earthly value it would have been for Sir Isaac Newton to hold a patent on the Law of Gravity! And what good it would do you to be issued patents on what must be equally obvious Laws of Nature.”