Mourning the Lost Edits
In praise of editors ... seriously.
You may have noticed that I am writing in The Baltimore Sun. My general interest essay runs once a month.
My newest is here. It’s a favorite of mine - focusing on patents, Abe Lincoln and even ‘Shark Tank.” I hope you enjoy it … I think it’s almost perfect.
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Which bring me to my editor.
I have written regularly for 30 years - editorials, essays, three minute commentaries, books and even adult coloring books! And I have had many editors.
But I have never had an editor like the one at The Baltimore Sun. First, she’s really good. She always makes my work better.
Second, she’s brutal. Always cuts me down from something like 2200 words of pure magic to 1700 words that work.
This last essay really got me. She cut some of my favorite parts. But … the crazy thing is that she knew exactly what was my late additions … a couple of paragraphs that added references that were cool. But they weren’t needed … and she found them.
I emailed her that I accepted her edits “mournfully.” She liked this ….
Still, I want you to see the whole essay. It is pasted below.
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UNEDITED ESSAY
Shark Tank, Abraham Lincoln, and the Super Soaker: An Unconventional History of U.S. Patents
By Ed Martin
What do Shark Tank, Abraham Lincoln, and the Super Soaker have in common? Each have played a special part in America’s longstanding and unique history of honoring the inventors who make life better for everyone.
Most people who watch Shark Tank don’t realize that the ten-minute pitches they see are actually an edited-down version of a full pitch which can last two hours. One question that the Sharks almost always slide into the conversation is “Do you have a patent?” Americans watch Shark Tank for entertainment rather than for an in-depth lesson on the federal patent system, so that part doesn’t always make it on the air. However, this crucial question can easily be the make-or-break moment where the deal either comes to life or falls through.
The Sharks are savvy enough to realize the irreplaceable role that patents play in American business, just like our Founding Fathers understood. Among the 4,543 words of our U.S. Constitution is Clause 8 of Article I, Section 8, which reads, “The Congress shall have Power… To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.”
Like many other aspects of our miraculous Constitution, the Patent Clause ushered in a new epoch in the history of governance. Technically, patents date back to medieval times. However, the earliest patents were either extremely difficult to obtain, extremely difficult to enforce, or both. Patents were granted only by the sovereign, which meant that if an Englishman wanted one, he had to gain an audience with the King of England. That put patent protection entirely out of reach for the “garage inventor.”
Even in colonial America, the patent system was ineffective. Samuel Winslow holds the distinction of having received the first “patent” in America for his improved process for making salt. However, the patent was issued by the state of Massachusetts in 1641, making it impossible for him to prevent counterfeiters from stealing his process in other colonies.
It’s no wonder President George Washington was such a strong proponent of the creation of a federal patent system. He made special mention of this in his first Annual Message to a Joint Session of Congress, urging the Members to put the Patent Clause of the Constitution in full force by creating a workable system for granting patents and copyrights. Just a few short months later, Congress did just that by passing the Patent Act of 1790, with the Copyright Act of 1790 hot on its heels. Two months later, U.S. Patent No. X000001 was issued to Samuel Hopkins for an improvement “in the making of Pot ash and Pearl ash by a new Apparatus and Process.” This first patent was signed by President George Washington himself.
Not all of the Founding Fathers were so immediately enthusiastic about the idea of an American patent system. Thomas Jefferson, who wasn’t able to join the Constitutional Convention since he was serving as ambassador to France in 1787, had great concerns about how patents would lead to the creation of monopolies in the free market. Over the course of several years, Jefferson changed his position, even going so far as to suggest to James Madison that the Bill of Rights include an eleventh amendment granting inventors the right to their inventions.
By 1790, the once-skeptical Jefferson was made the de facto head of the American patent system under the auspices of his title of Secretary of State. He oversaw the issuing of the first federal patent. This time-consuming task was eventually moved away from the Secretary of State’s plate, but Jefferson remained a strong advocate for the American patent system. History would quickly show why.
America’s unique patent system explains the unique prosperity that we have enjoyed for generations. Other nations throughout history have had brilliant people and natural resources, but only America has been able to achieve so much in such a comparatively short time. That is why our patent system was such a key focus of America’s celebration of the bicentennial of our Constitution. Bicentennial commissioner Phyllis Schlafly made it a particular focus to connect the dots from the Patent Clause of the Constitution to our nation’s dramatic technological successes.
With the right to secure the profitability of inventions made accessible to the common man, America had all the fuel she needed for the engine of economic and industrial success. Baltimore was an early hub of this innovative spirit. Those who enjoy a good game of Monopoly might be surprised to hear that the B&O of B&O Railroad actually stands for “Baltimore and Ohio.” This first American common carrier railroad was founded in 1828 with the slogan “Connecting 13 great states with the Nation.” It is because of this impressive railway system that the port of Baltimore became one of the nation’s biggest.
Another important Baltimorean milestone in the history of American patents came from Samuel F.B. Morse, inventor of the telegraph machine. The first telegram ever was sent from Washington, D.C. to Baltimore on lines laid along the B&O Railroad. The immortal words “What Hath God Wraught?” were just the first of many to be sent through Baltimore on telegraph lines.
Of course, American patents haven’t always been about transportation and communication. Some have just been about fun. When carbonated sodas first came on the scene, producers were confounded by the leakage that would inevitably result when a cork was placed in the neck of the bottles. It was only when Baltimorean William Painter came along and created the Crown Cork Bottle Cap and opener that carbonated beverage distributors had a reliable way to seal their precious cargo.
Painters’ story is just one of many that epitomizes the connection between America’s unique patent system and the American dream. Painter was just a mechanist from Triadelphia, Maryland who moved to Baltimore to seek his fortune. He invented several useful items, including a paper-folding machine, a safety ejection seat for passenger trains, and a machine for detecting counterfeit currency. None of these took off like Painter had hoped, but he was determined to change the world nonetheless. His invention of the bottlecap did exactly that, launching the small-town mechanist to the head of a Fortune 500 company that still exists today.
Another great inventor in American history is boxing legend Jack Johnson. Not only was he the first African American to secure the title of heavyweight boxing champion in the early 1900s, but he was also a prolific inventor. He was sent to prison on questionable charges for having a relationship with a white woman, but even from prison he successfully filed for two patents. Jack Johnson has since received a full pardon from President Donald Trump. Clearly, a determined garage inventor can even work from a prison cell.
The stereotype of the “garage inventor” is far from a myth. Many people who are passionate about changing the world have taken up inventing as a side hobby. Founding Fathers Thomas Jefferson and Benjamin Franklin are two that immediately come to mind. Yet, few realize that Abraham Lincoln holds the distinction of being the only U.S. president to have a patent in his name. As a young lawyer in Springfield, Illinois, Lincoln devised a system by which riverboats could be lifted out of sandbars, saving crews the unpleasant task of having to completely unload their ships to lighten the load. The model of Lincoln’s invention submitted with the patent application is considered one of the valuable artifacts in the Smithsonian National Museum of American History.
Lincoln’s invention was never commercialized, but his status as a patent holder speaks to his hunger to change the world for the better. Another such garage inventor is Lonnie Johnson, a African American former nuclear engineer who turned his work for the U.S. Air Force into one of the most prolific (and fun) weapons of modern history: the Super Soaker water gun. While working on a heat pump connected to a sink in his home, Johnson sprayed some water across the bathroom. It occurred to him that the pressurized water gun would make a great toy, and the rest is history. According to the current manufacturer, sales of Johnson’s Super Soaker are rapidly approaching $1 billion.
To any prospective new inventors, the moral of Lonnie Johnson’s success story is simple: No matter who you are or what your background, if you have an idea that improves the lives of enough people and you have the determination to see that idea through to fruition, our U.S. patent system will protect your right to be justly compensated by the free market for your brilliance and determination. While the unique qualities of the U.S. patent system did not put the idea for the Super Soaker into Johnson’s head, it did provide the necessary fuel for the spark of genius that he so clearly displayed.
Of course, the patent system isn’t just beneficial for the inventors who get compensated for their work, but also for the millions or billions of people who benefit from their products. Without the patent system, the world might not have been able to experience the ease of travel on America’s railways, faster communication with the telegraph machine, the refreshing taste of carbonated beverages, or the fun of Super Soaker warfare. The beauty of the system is that those inventions that are most beneficial to society are also the most capable of turning a handsome profit. Everyone wins!
However, this brilliant process that Americans pioneered is not without its threats. Enforcement of the patents is a vital element of the system. If thieves aren’t prosecuted for stealing ideas that are protected by patent, then the patents themselves are worthless. While American courts are good (though not always great) at protecting patents, increased globalization has made it more important than ever for American patents to be honored throughout the world.
Yet, certain countries not only permit but encourage the theft of American patents. China is one of the chief offenders. A survey from CNBC indicated that around 20% of U.S. corporations say that China has stolen their intellectual property within the previous year. This has led to a cost of $225 to $600 billion per year in revenue for American businesses, according to a congressional study. These thefts come either from traditional corporate espionage, or even from dramatic cyber-attacks like one in 2022 where the Chinese state-sponsored hacking group APT 41 stole trillions of dollars of intellectual property ranging from manufacturing blueprints to plans for missiles and fighter jets.
Another looming threat in the world of American intellectual property comes in the field of artificial intelligence. The emergence of dramatic AI tools seems like magic to the average user. However, generative AI models are trained from data sets containing billions of pieces of existing information from throughout the internet. Depending on a particular AI model’s data set, there may be a significant amount of copyrighted or patented material feeding that AI.
This leaves courts to ponder the all-important question: Is the data that feeds an AI model covered by fair use doctrine? If so, AI companies can take the ideas of others indiscriminately and use them to shape the responses that might come from generative AI models. If not, these same AI companies would have to pay for the use of protected work, which would substantially limit their overall capabilities.
Of course, the other side of the coin is the question raised by the products which come out of a generative AI model. When a user requests a picture of a remote beach scene with whales breaching on the horizon, who is the rightful owner of that computer-generated image? Does it belong to the creator of the AI model, or the user who created the parameters within the prompt itself? As AI develops to the point of being able to create patentable innovations in technology, medicine, or other fields, who will rightfully be able to hold those patents? The questions are endless.
Artificial intelligence is not just creating pictures of stunning beach scenes on demand. It is also creating a whole new wing of intellectual property law that is just now being tested in courts. These court cases will map out the future of artificial intelligence and intellectual property as we know it.
In spite of these challenges, America’s patent system remains an indelible part of the American dream. We use the term “American dream” as a proxy for the immortal phrase “pursuit of happiness,” one of the three seminal rights afforded to all people as listed in the Declaration of Independence. Without the possibility of property, there can be no pursuit of happiness, and intellectual property is just as real as a physical object or piece of land.
As a direct result of this adherence to the principle of pursuit of happiness, notoriety and financial gain is possible for any American inventor, regardless of their background or status. The only costs of admission to access this success are to make the world a better place through innovation and to have the determination to see the quest through.
Now more than ever, America is a land of creators. We have a boundless thirst to leave our marks on the world by building something that lasts. For those who invent, the usefulness of their creations can last far beyond their lifetime, shaping a world that is better for everyone.