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[Illustration]
Thorn smoked in silence. He had heard Sorensen's arguments before.
Sorensen didn't mind discussing his battery in the abstract, but he
was awfully close-mouthed when it came to talking about it in concrete
terms. He would talk about batteries-in-general, but not about
this-battery-in-particular.
Not that Thorn blamed him in the least. Sorensen was absolutely
correct in his statements about the state of the art of making voltaic
cells. If Sorensen had something new--and Thorn was almost totally
convinced that he did--then he was playing it smart by not trying to
patent it.
"Now then," Sorensen went on, "let's suppose that my battery is made
up of lead and lead dioxide plates in a sulfuric acid solution, except
that I've added a couple of trifling things and made a few small
changes in the physical structure of the plates. I'm not saying that's
what the battery is, mind you; I'm saying 'suppose'."
"O.K., suppose," said Siegel. "Couldn't you patent it?"
"What's to patent? The Pb-PbO_2-H_2SO_4 cell is about half as old as
the United States Patent Office itself. Can't patent that. Copper
oxide, maybe, as a depolarizer? Old hat; can't patent that. Laminated
plates, maybe? Nope. Can't patent that, either."
Siegel looked out at the hundred glowing light bulbs. "You mean you
can't patent it, even if it works a hundred times better than an
ordinary battery?"
"Hell, man," Sorensen said, "you can't patent performance! You've got
to patent something solid and concrete! Oh, I'll grant that a
top-notch patent attorney might be able to get me some kind of patent
on it, but I wouldn't trust its standing up in court if I had to try
to quash an infringement.
"Besides, even if I had an iron-bound patent, what good would it do
me? Ever hear of a patent pool?"
"No," said Siegel. "What's a patent pool?"
"I'll give you an example. If all the manufacturers of a single
product get together and agree to form a patent pool, it means that if
one company buys a patent, all of them can use it. Say the automobile
companies have one. That means that if you invent a radical new design
for an engine--one, maybe that would save them millions of
dollars--you'll be offered a few measly thousand for it. Why should
they offer more? _Where else are you going to sell it?_ If one company
gets it, they all get it. There's no competition, and if you refuse to
sell it at all, they just wait a few years until the patent runs out
and use it for free. That may take a little time, but a big industry
has plenty of time. They have a longer life span than human beings."
"North American Carbide & Metals," said Thorn quietly, "is not a
member of any patent pool, Mr. Sorensen."
Public-domain text, read in full here on John Shaqi.
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