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While Bell is given credit for inventing the telephone, history isn't
so clear on this one. In fact, it was only after years of litigation that
Bell's status was secure. It seems that much of Bell's inventor status
might rest on his having arrived at the patent office two hours earlier
than Gray! Also, Gray filed a caveat, the 19th century version of
a provisional patent, while Bell filed an actual patent. But, according
to many reports, this fact was not enough to rule in his favor.
Some of the signs that Gray may indeed have been the inventor of the
telephone are as follows, there are indications that:
a) Gray actually had more knowledge of electricity and math than did
Bell.
b) Bell's devices were said by some to have worked poorly
c) Bell inserted a pivotal clause into his patent application at the last
minute which some
say he stole from Gray.
Intellectual property litigation attorney Joseph N. Hosteny points out
that following the formalities in the patent prosecution stage is extremely
important, and that intellectual property lawsuits often hinge on
mistakes made early on, especially in the paperwork. "In this case,
note that Bell's two hour lead time was taken very seriously by the courts,
as was the fact that he filed a bona fide patent application, rather than
a caveat, which is the 19th century equivalent of a provisional patent.
I often tell clients that provisional patents are not a good idea, unless
that is all you can afford.
"Often inventors lose lawsuits because their paperwork, especially
their inventor's notes, are less than adequate. Yes, inventors are often
geniuses. But they must pay attention to detail, especially if they expect
to win a lawsuit later on if their patents are infringed or their trade
secrets are misappropriated. And by the way, you can be sure that, if
you have a good invention, others will try to infringe!"
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