Howard B. Rockman

Intellectual Property Law for Engineers, Scientists, and Entrepreneurs


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gin—the wire hooks. Some say the plantation foreman suggested to Greene that the wooden teeth be replaced by wires, and that Greene then told Whitney. Whitney’s supporters, on the other hand, cite a letter to the editor of Southern Agriculturist magazine, admittedly based on shaky sources, that Whitney specifically asked Mrs. Greene for a pin to use at the start of his experimentation. A factor tending to swing the pendulum toward Whitney was that, before he left Massachusetts, he was the new country’s only hatpin manufacturer.

      In 1794, Whitney filed a patent application for his (or Greene’s) cotton gin. He also gave a demonstration of his model to a few friends, producing in 1 hour a full day’s output of several workers. The witnesses to this demonstration immediately had whole fields planted in green seed cotton. Word spread, and the farmers grew excited and impatient. Whitney’s shop was broken into, and examinations made of his new cotton gin. Then, more fields were planted with cotton.

      Before Whitney had a chance to prepare a patent model of his invention (required in those days), or to secure patent protection, the cotton crops were ready for harvest, and the planters did not have time to work within ethical or legal parameters. Whitney’s cotton gin was simply pirated. Whitney and his partner, Phineas Miller, decided to build cotton gins and lease, not sell, them to the planters in exchange for 1 pound of every 3 pounds of cotton put through their machines. The planters revolted at this arrangement, as a virtual flood of white cotton was erupting from the Southern soil.

      The partners, heavily in debt, were forced to approach the Southern courts to enforce their patent rights, which resulted in disaster. In 1801, they opted for grants from several Southern states, and, in return, the cotton gin would become public property. One state, South Carolina, accepted, offered $50,000, made a down payment of $20,000, and never paid the remainder. Eventually, Whitney and Miller received about $90,000 from the states, which was used up immediately to pay legal costs and other expenses. In 1803, the states repudiated their agreements, and sued Whitney for the return of the money paid previously. In 1804, Whitney petitioned the U.S. Congress for relief, and by one vote avoided financial ruin. At that point, he felt the past 10 years were wasted. Whitney became discouraged with cotton, and left the South forever.

Patent of Eli Witney’s cotton gin issued on March 14, 1794.

      INVENTORS AND INVENTIONS

      Charles Babbage

      THE DIFFERENCE ENGINE

Patent drawing of a difference engine.

      Charles Babbage was a man of many talents. However, completing projects he started was not one of them. This essay will skip over many of the accomplishments of Mr. Babbage in his lifetime, and go straight to the point where he became known as a computing pioneer. Babbage, an Englishman, is credited with developing the first mechanical computers. However, his models were never completed, largely because of economic problems, and possibly clashes of personality, particularly with the Astronomer Royal of England.

      In Babbage’s time, printed mathematical tables were calculated by humans. As you might expect, errors were constantly known to occur in the transcription of such calculations. Babbage at one time prepared his own account of how he began thinking about mechanical mathematical computations to replace those that were made by hand. In his own words, he stated that, in 1812, he was in his room in the Analytical Society, reviewing a table of logarithms, which he concluded was full of mistakes. He then had the thought of computing all tabular functions by machinery. He knew that the French government had previously produced several tables by a new method, where several French mathematicians decided how to compute the tables, six more divided the operations into simple stages, and the work itself, which was merely addition and subtraction, was performed by 80 human “computers” who knew only those two arithmetical processes. Babbage considered that this was mass production applied to arithmetic, and became enthralled by the concept that the labors of unskilled human computers could be taken over completely by faster and more reliable machinery.

      In about 1819, Babbage’s interests were turning to astronomical instruments, and his ideas became more precise. He conceived of a plan to construct tables using the method of differences by mechanical means. He began to construct a small prototype “difference engine” in 1819, which he completed by 1822. He described his invention in a paper published on June 14, 1822, by the Royal Astronomical Society of England, titled “Note on the Application of Machinery to the Computation of Astronomical and Mathematical Tables.” At the time the paper was written, Babbage had also thought about a machine that could print the results of the difference engine, but this printer was not completed at the time his paper was written. An assistant of Babbage’s was required to write down the results obtained by the difference engine by calculating successive terms of the sequence n2 + n + 41. Babbage urged that a larger difference engine could do the work undertaken by many people, saving costs and being totally accurate. However, such a larger machine was never built during his lifetime.

      A difference engine can be defined as an automatic mechanical calculator designed to tabulate polynomial functions. The name derives from the method of divided differences, a way to interpolate or tabulate functions by using a small set of polynomial coefficients. Most mathematical functions commonly used by engineers, including logarithmic and trigonometric functions, can be approximated by polynomials, allowing a difference engine to compute several useful tables of numbers. The difficulty in producing an error‐free table by teams of mathematicians or human computers was the driving force behind Charles Babbage’s desire to build a mechanical device to automate the calculating process.

      In 1827, the costs of constructing Difference Engine No. 1 were becoming astronomical, and work stopped on the project in 1834. Up to that time, the British government had invested £17,000 into the project, and Babbage had invested £6,000 of his own funds. From 1834 to 1842, the British government did not make a decision on whether to continue to support Babbage in his projects,