Tag Archives: Necessity and Invention

The Mother of Invention

There is an old saying that goes “necessity is the mother of invention.” Its meaning is obvious. It says that when you run into a problem, you can invent your way around it. Or at least try to. The other solution to a problem is simply to live with it.

I recall that during the Apollo project in the late 1960’s, many conservatives would complain about the cost of going to the moon. Social progressives likewise made a complaint that was directed at shifting those NASA funds to social programs here on earth. Technology progressives would retort that it is worth it because of all of the spin-offs that were appearing out of the effort. The reply to this was that if you wanted some shiny new widget, just invent it. You don’t have to go to the moon.

Presently I can look back at the two major research domains, academic and industrial, and make comparisons. In academia, a professor’s work product is split between research, teaching and service to the school. Research is commonly measured by the number of papers published, especially in the prestigious journals. In some institutions, patenting is also taken into account. As for teaching, there are student evaluations and performance reviews by the department chair or the dean. This includes past performance in committees. A motivation in the first few years is to get tenure. Academic research includes putting research results in the public literature for all to use.

So, what about the mother of invention? Generally, in chemistry an invention comes from some kind of investigative activity, curiosity or need. Sometimes you may want to invent around an active patent rather than go into a licensing agreement.

The US patent office allows only one invention per application. If you choose, you can lop off your other invention and file it separately as a divisional patent. You would do this because the patent examiner will have raised an objection to your original filing. Doing a divisional filing allows you to use content from the first, or parent, patent application and you get the filing date of the parent as well. Early filing dates are very important.

Sometimes patents are written very narrowly and leave “white space” or potential claims around them. This is not always desirable so the matter can be solved by the use of “picket fence patents.” You patent your core art as broadly as the patent office will allow, then you file for patents that cover related art that a competitor could conceivably patent that would allow them to compete against you. By raising the cost of entry into your market or narrowing the scope of new art, you can dissuade competitors from entry or at least make them pay a heavy price for it. Who knows, maybe they’ll decide to buy a license from you or even an entire patent. An argument against picket fence patenting is that patents can be very expensive.

Academic research has a high reliance on external funding. This requires that the funding organization recognizes the novelty and p[otential intellectual value of the research proposal. Industrial research has a high reliance on market potential of an invention. What is the breakeven time and sales potential of the invention? Will demand last long enough for the invention to provide a healthy return on investment?

Academics can and do patent their work on occasion, especially if the university pays for it. The thing I object to is that a great deal of research is paid for by the taxpayers. We pay for the research and then it gets patented and its use is restricted for 20 years. Maybe taxpayers (businesses) can enter into a licensing agreement, but maybe someone else has bought exclusive rights. Licenses can be somewhere between reasonable to absurdly restrictive, depending on the terms of the agreement. Many will want to add an extra fee based on the sales income of the product. This means that there will be an annual audit with pencil neck auditors poking around your business. It’s like having a ferret in your shorts. Avoid if at all possible.

But, many companies leverage their output through licensing agreements of technology they have no interest in developing.

Industrial research is quite different in terms of administration of the endeavor. Industrial chemists are supervised by an R&D director and use in-house technology and science and/or what they learned in college, but here the results are aimed at producing something for sale or improving the profit margin of a process. There is no desire to share information. Industrial research produces in-house expertise as well as, hopefully, patentable inventions. Industrial invention can be driven by competition in existing markets or by expansion into something entirely new. Often it is to provide continuous margin growth if market expansion is slow.

The argument can be made to keep everything as a trade secret. Publishing your art in the patent literature can help competitors have their own brainstorms about the subject, or some may even be tempted to infringe on your art that is carefully laid out in front of their eyes. Competitors may be cued into a new product’s capabilities and gives insight into new products.

Both academic and industrial chemists invent. The difference is that in industry some inventions or art are held in trade secrecy, even if they never get commercialized. Academic researchers can and do keep secrets when they are aiming for a patent, at least until the patent is granted. Compartmentalization in a research group is critical, since disputes about inventorship can kill a patent. Once issued, academics will publish as many papers about the patented art as possible. Commonly, patents are assigned to whoever pays for it- usually an organization. An academic patent is assigned to the inventor’s institution while in industry the company is the assignee. In both cases the inventor is usually awarded only a token of appreciation and the “satisfaction” of having a patent.

So, what about “necessity is the mother of invention”? There are some inventive projects that are too large or risky for a business or even a consortium of businesses to handle. I’m thinking of the Apollo Moon Landing program. The project required the resources of a government. A great deal of invention by many players allowed the moon landing to happen. The necessity for all of this invention was that the US government set a goal and farmed out thousands of contracts with vendors to make it happen. Much wealth was spread around into the coffers of industry, but with contracts having stringent specifications for man-rated spaceflight and tight timelines to be met.

That’s one of the values of having a government like we had in the 1960’s. They created the necessity and private industry made it happen. Despite the cultural upset of the 1960’s and the Viet Nam war, the Apollo Project worked. No astronauts died in space. This necessity/invention pressure does work.