As you talk more to Wilber and Orville (same guys from the previous question), y

Question

As you talk more to Wilber and Orville (same guys from the previous question), you decide that their idea is not a crazy as it first sounded. If fact, you even like the name they came up with - airplane. You are afraid someone, like their neighbor Bill Boeing, may try to steal the idea and the name. (Remember, complex technology often takes multiple forms of intellectual property (IP) protection.) Explain to the brothers their options for protecting the invention and the name. Which IP options would they qualify for? Which option(s) would you suggest they use in their case? Why? |

Explanation / Answer

1.

In 1902 the Wrights succeeded in controlling their glider in all three axes of flight: pitch, roll and yaw. Their breakthrough was the simultaneous use of roll control (with wing-warping) and yaw control (with a rear rudder). In 1903 they applied for a patent on their method of control. Their application, was rejected. They then hired a patent attorney Henry Toulmin, and on May 22, 1906, they were granted U.S. Patent 821,393 for a "Flying Machine".

The patent's essence lies in its claim of a new and useful method of controlling a flying machine, powered or not. The technique of wing-warping is explained, but the patent explicitly states that other methods instead of wing-warping could be utilized for adjusting the outer parts of a machine's wings to different angles on the right and left sides to achieve lateral roll control.

The concept of lateral control was basic to all aircraft designs; without it they could not be easily or safely controlled in flight

2.The solution to the problem lies in using a patent pool . It is a consortium of at least two firms agreeing to cross-license patents relating to a certain technology. The creation of a patent pool saves patentees and licensees time and funds, and, in case of blocking patents, it may also be the only reasonable way for making the invention available to the public. Competition law issues are usually essential when a large consortium is formed

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