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.