Remember, the 1920s is long ago. Giving the patent to the equivalent of a non-profit organisation was probably better than disclaiming it, since it’s easier to have one large, well-known entity that will fight off people trying to re-patent it than to disclaim it and hope that no patent clerk ever lets a fraudulent re-patent go through.
In 1920 you couldn’t just google for prior art when fighting a fraudulent patent.
Nowadays you just google for other patents and done. But back then, I guess that searching for prior art was quite a lot more difficult. Gifting the patent to an university so that they defend open access to the patent sounds like a more reliable plan.
I mean, even nowadays patents are greenlit my patent offices even though there’s clear prior art (Nintendo’s recent patent for catching monsters in a ball in a game comes to mind, which Nintendo would have to have patented before publishing their first game with that mechanic around 30 years ago), and even today it’s really difficult and expensive to get such a clear nonsense patent invalidated.
So difficult that e.g. Palworld opted to change the mechanic instead of fighting the patent.
So I do understand why someone would instead gift the patent to an university under the condition that they keep access to it open, especially 100 years ago.
The difference is that in the case of transferring the patent to the university, there’s a legal department at the ready to defend the patent. The same is not the case for a disclaimed patent.
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I never heard of disclaiming a patent until just now. Maybe he didn’t know about or it didn’t exiat in the 1920’s
Remember, the 1920s is long ago. Giving the patent to the equivalent of a non-profit organisation was probably better than disclaiming it, since it’s easier to have one large, well-known entity that will fight off people trying to re-patent it than to disclaim it and hope that no patent clerk ever lets a fraudulent re-patent go through.
In 1920 you couldn’t just google for prior art when fighting a fraudulent patent.
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Nowadays you just google for other patents and done. But back then, I guess that searching for prior art was quite a lot more difficult. Gifting the patent to an university so that they defend open access to the patent sounds like a more reliable plan.
I mean, even nowadays patents are greenlit my patent offices even though there’s clear prior art (Nintendo’s recent patent for catching monsters in a ball in a game comes to mind, which Nintendo would have to have patented before publishing their first game with that mechanic around 30 years ago), and even today it’s really difficult and expensive to get such a clear nonsense patent invalidated.
So difficult that e.g. Palworld opted to change the mechanic instead of fighting the patent.
So I do understand why someone would instead gift the patent to an university under the condition that they keep access to it open, especially 100 years ago.
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The difference is that in the case of transferring the patent to the university, there’s a legal department at the ready to defend the patent. The same is not the case for a disclaimed patent.
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Of course, but an university owning a patent gives them the responsibility to defend it, and also incentivizes them to do so.
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