 |
|
We all know about the Morse Code, the communication system reputedly invented
by Samuel Morse. But is it possible that historians have not shared all
the facts with us? A recently discovered article, entitled "The American
Inventors of the Telegraph, With Special References to the Services of
Alfred Vail," challenges Morse's inventor status. (The article, written
by inventor/entrepreneur Franklin Pope, was published in the April, 1888
issue of "The Century: Illustrated Monthly Magazine," a popular
periodical of the era.)
In his article, Pope explains why he questions Morse's inventor status.
First, he points out, Morse's telegraph was a code of numerical, rather
than alphabetical signals - "the first apparatus to record simple
numerical signs at a distance by electricity. "So, "Morse claims,
and with justice, to be the first inventor of a recording or printing
telegraph
"
In addition, Pope points out, "
the telegraph invented by Morse
in 1932, and described in his caveat of 1837, has nothing in common with
the essentials of the modern system of telegraphy which is known in the
United States as Morse's; nor is the code of alphabetical signs now universally
used in telegraphy throughout the world the same, either in principle,
or in construction, as that of the caveat. " That code, asserts Pope,
was really invented by Morse's associate, Alfred Vail.
To back up his position, Pope quotes William Baxter, Vail's assistant:
"Professor Morse was very much inclined to insist on the superiority
of his own plans and methods - if for no other reason, because they were
his own." Also - and perhaps more importantly - Baxter points out
that "[Morse's] mechanical knowledge and skill were limited, and
his ideas in matters relating to construction of little value." So
according to Baxter, it was Alfred Vail who actually constructed an
alphabetical code by which language could be telegraphically transmitted
in actual words and sentences.
JOE HOSTENY COMMENTS:
According to intellectual property litigation attorney Joseph N. Hosteny:
"This case did not end up in litigation, but many similar cases do.
These three men worked together off and on for many years. Some accounts
state that Vail was an employee of Morse's, but Pope's article contradicts
this perception, and maintains that they were associates. If Pope's
account is true, it definitely changes our view of history. If Alfred
Vail had been an employee of Samuel Morse's, there would be no question
as to who was the inventor: As the employer, Morse would have been recognized
as the inventor, since it has always been common practice for employers
to have their names on patents for their employees' inventions.
The lesson, says Hosteny, is simple. "If you are an inventor
and want to be recognized, insure your name is on the patent application
as an inventor. If your work was done as part of your employment, then
the patent is owned by your employer. If, however, you invented something
outside of work that doesn't fall within the scope of your employment,
and did the work on your own time with your own resources, the invention
is your property. In these cases, and especially in 'close' cases, be
sure to document the independence of your efforts."
If you have read similar accounts, please contact Julia Schopick, or call her
at 708-848-4788. Also if you know of other inventor stories similar to
these, please let us know about them as well. We would be happy to use
your examples in future monthly quizzes.
It is extremely important to note that, when looking at historical accounts,
it is impossible to ever know THE ABSOLUTE TRUTH.
MEET
JOE | CASE
STUDIES | PUBLISHED ARTICLES | FUN
& INTERESTING CASES
SUBMITTING YOUR CASE | THE
LAW FIRM | OTHER LINKS | HOME |