alt Hacker NewsThe wright brothers patent was not on wing warping, it was on controlling a vehicle in the air. In short the Wright brothers did not invent the aeroplane they invented how to control a aeroplane.
https://www.wright-brothers.org/History_Wing/Wright_Story/Sh...
"We wish it to be understood, however, that our invention is not limited to this particular construction, since any construction whereby the angular relations of the lateral margins of the aeroplanes may be varied in opposite directions with respect to the normal planes of said aeroplanes comes within the scope of our invention."
Some people (Curtis) felt this claim was far too encompassing and should not be enforced. But I don't know, These guys just spent a decade working out an entirely new discipline, aeronautical control. And you don't think they deserve exclusive exploitation rights to that discipline for the next 20 years?
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I don't think patent law should be concerned with what inventors "deserve" in some moral sense. I think their purpose should be socially practical.
The socially practical effect of working patent law is that it incentivizes inventors to publicly document their inventions by offering limited exclusive rights to the invention. To that end, an overly broad claim to hypothetical inventions which are not actually documented in the patent is detrimental and instead stifles innovation.
> And you don't think they deserve exclusive exploitation rights to that discipline for the next 20 years?
20 years is the midpoint between the Wright Brother’s flight and operational jet fighters. They won the race but it was very much a competition. If Orville and Wilbur didn’t cross the line first then Maxim or Langley would have. They all built on George Cayley’s work.
So no, I don’t think the first one to file a plausible patent should get exclusive rights. It should at least extend to contemporaries. And we should consider the cost to innovation when breakthroughs are artificially constrained for what amounts to multiple technological generations.
It's a false dichotomy you must have exclusive rights to be profitable. What about the claim that you are "the first and the original X"?
Of course you shouldn't be able to patent an entire discipline! I can't comprehend your point of view here.
And a million people had the idea of "controlling a vehicle in the air". Patents aren't for vague ideas, they're for specific mechanisms.