U.S patent

A patent ( /ˈpætənt/ or /ˈpeɪtənt/) is a form of intellectual property. It consists of a set of exclusive rights granted by a sovereign state to an inventor or their assignee for a limited period of time in exchange for the public disclosure of an invention.

The procedure for granting patents, the requirements placed on the patentee, and the extent of the exclusive rights vary widely between countries according to national laws and international agreements. Typically, however, a patent application must include one or more claims defining the invention which must meet the relevant patentability requirements such as novelty and non-obviousness. The exclusive right granted to a patentee in most countries is the right to prevent others from making, using, selling, or distributing the patented invention without permission.^[1]

Under the World Trade Organization's (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights, patents should be available in WTO member states for any invention, in all fields of technology,^[2] and the term of protection available should be a minimum of twenty years.^[3] In many countries, certain subject areas are excluded from patents, such as business methods and computer programs.

Definition[link]

The word patent originates from the Latin patere, which means "to lay open" (i.e., to make available for public inspection). More directly, it is a shortened version of the term letters patent, which was a royal decree granting exclusive rights to a person, predating the modern patent system. Similar grants included land patents, which were land grants by early state governments in the USA, and printing patents, a precursor of modern copyright.

In modern usage, the term patent usually refers to the right granted to anyone who invents any new, useful, and non-obvious process, machine, article of manufacture, or composition of matter. Some other types of intellectual property rights are also referred to as patents in some jurisdictions: industrial design rights are called design patents in the US, plant breeders' rights are sometimes called plant patents, and utility models and Gebrauchsmuster are sometimes called petty patents or innovation patents. The additional qualification utility patent is sometimes used (primarily in the US) to distinguish the primary meaning from these other types of patents.

Examples of particular species of patents for inventions include biological patents, business method patents, chemical patents and software patents.

History[link]

U.S. patents granted, 1790–2010.^[4]

Patents in force in 2000

In 500 BC, in the Greek city of Sybaris (located in what is now southern Italy), "encouragement was held out to all who should discover any new refinement in luxury, the profits arising from which were secured to the inventor by patent for the space of a year."^[5]

The Florentine architect Filippo Brunelleschi received a three-year patent for a barge with hoisting gear, that carried marble along the Arno River in 1421.^[6] In 1449, King Henry VI granted the first English patent with a license of 20 years to John of Utynam for introducing the making of colored glass to England.^[7]

Patents in the modern sense originated in 1474, when the Republic of Venice enacted a decree that new and inventive devices, once put into practice, had to be communicated to the Republic to obtain the right to prevent others from using them.^[8]

England followed with the Statute of Monopolies in 1624 under King James I, which declared that patents could only be granted for "projects of new invention." During the reign of Queen Anne (1702–14), the lawyers of the English Court developed the requirement that a written description of the invention must be submitted.^[9] The patent systems in many other countries, including Australia, are based on British law and can be traced back to the Statute of Monopolies.^[10]

In 1641, Samuel Winslow was granted the first patent in North America by the Massachusetts General Court for a new process for making salt.^[11]

In France, patents were granted by the monarchy and by other institutions like the "Maison du Roi".^[12] The Academy examined novelty.^[13] Examinations were generally done in secret with no requirement to publish a description of the invention. Actual use of the invention was deemed adequate disclosure to the public.^[14] The modern French patent system was created during the Revolution in 1791. Patents were granted without examination since inventor's right was considered as a natural one ^[15]

In the United States, during the so-called colonial period and Articles of Confederation years (1778–89), several states adopted patent systems of their own. The first Congress adopted a Patent Act, in 1790, and the first patent was issued under this Act on July 31, 1790 (to Samuel Hopkins of Vermont for a potash production technique).

Law[link]

Effects[link]

A patent is not a right to practice or use the invention.^[16] Rather, a patent provides the right to exclude others^[16] from making, using, selling, offering for sale, or importing the patented invention for the term of the patent, which is usually 20 years from the filing date^[3] subject to the payment of maintenance fees. A patent is, in effect, a limited property right that the government offers to inventors in exchange for their agreement to share the details of their inventions with the public. Like any other property right, it may be sold, licensed, mortgaged, assigned or transferred, given away, or simply abandoned.

The rights conveyed by a patent vary country-by-country. For example, in the United States, a patent covers research, except "purely philosophical" inquiry. A U.S. patent is infringed by any "making" of the invention, even a making that goes toward development of a new invention—which may itself become subject of a patent.

A patent being an exclusionary right does not, however, necessarily give the owner of the patent the right to exploit the patent. For example, many inventions are improvements of prior inventions that may still be covered by someone else's patent.^[16] If an inventor takes an existing, patented mouse trap design, adds a new feature to make an improved mouse trap, and obtains a patent on the improvement, he or she can only legally build his or her improved mouse trap with permission from the patent holder of the original mouse trap, assuming the original patent is still in force. On the other hand, the owner of the improved mouse trap patent can exclude the original patent owner from using the improvement.

Some countries have "working provisions" that require the invention be exploited in the jurisdiction it covers. Consequences of not working an invention vary from one country to another, ranging from revocation of the patent rights to the awarding of a compulsory license awarded by the courts to a party wishing to exploit a patented invention. The patentee has the opportunity to challenge the revocation or license, but is usually required to provide evidence that the reasonable requirements of the public have been met by the working of invention.

Enforcement[link]

Patents can generally only be enforced through civil lawsuits (for example, for a U.S. patent, by an action for patent infringement in a United States federal court), although some countries (such as France and Austria) have criminal penalties for wanton infringement.^[17] Typically, the patent owner will seek monetary compensation for past infringement, and will seek an injunction prohibiting the defendant from engaging in future acts of infringement. To prove infringement, the patent owner must establish that the accused infringer practices all the requirements of at least one of the claims of the patent. (In many jurisdictions the scope of the patent may not be limited to what is literally stated in the claims, for example due to the "doctrine of equivalents").

An important limitation on the ability of a patent owner to successfully assert the patent in civil litigation is the accused infringer's right to challenge the validity of that patent. Civil courts hearing patent cases can and often do declare patents not valid. A patent can be found invalid on grounds that are set out in the relevant patent legislation that vary between countries. Often, the grounds are a subset of requirements for patentability in the relevant country. Although an infringer is generally free to rely on any available ground of invalidity (such as a prior publication, for example), some countries have sanctions to prevent the same validity questions being relitigated. An example is the UK Certificate of contested validity.

Patent licensing agreements are contracts in which the patent owner (the licensor) agrees to forgo their right to sue the licensee for infringement of the licensor's patent rights, usually in return for a royalty or other compensation. It is common for companies engaged in complex technical fields to enter into dozens of license agreements associated with the production of a single product. Moreover, it is equally common for competitors in such fields to license patents to each other under cross-licensing agreements in order to share the benefits of using each other's patented inventions.

Therefore, patents may be enforced through litigation, and a common defense is an invalidity challenge. Patents may also be subject to licensing agreements. The vast majority of patents are however never litigated or even licensed.^[18]

Ownership[link]

In most countries, both natural persons and corporate entities may apply for a patent. In the United States, however, only the inventor(s) may apply for a patent although it may be assigned to a corporate entity subsequently^[19] and inventors may be required to assign inventions to their employers under a contract of employment. In most European countries, ownership of an invention may pass from the inventor to their employer by rule of law if the invention was made in the course of the inventor's normal or specifically assigned employment duties, where an invention might reasonably be expected to result from carrying out those duties, or if the inventor had a special obligation to further the interests of the employer's company.^[20]

The plate of the Martin ejector seat of a military aircraft, stating that the design is covered by multiple patents in Britain, South Africa, Canada and "others". Dübendorf Museum of Military Aviation.

The inventors, their successors or their assignees become the proprietors of the patent when and if it is granted. If a patent is granted to more than one proprietor, the laws of the country in question and any agreement between the proprietors may affect the extent to which each proprietor can exploit the patent. For example, in some countries, each proprietor may freely license or assign their rights in the patent to another person while the law in other countries prohibits such actions without the permission of the other proprietor(s).

The ability to assign ownership rights increases the liquidity of a patent as property. Inventors can obtain patents and then sell them to third parties.^[21] The third parties then own the patents and have the same rights to prevent others from exploiting the claimed inventions, as if they had originally made the inventions themselves.

Governing laws[link]

The grant and enforcement of patents are governed by national laws, and also by international treaties, where those treaties have been given effect in national laws. Patents are, therefore, territorial in nature.

Commonly, a nation forms a patent office with responsibility for operating that nation's patent system, within the relevant patent laws. The patent office generally has responsibility for the grant of patents, with infringement being the remit of national courts.

There is a trend towards global harmonization of patent laws, with the World Trade Organization (WTO) being particularly active in this area. The TRIPs Agreement has been largely successful in providing a forum for nations to agree on an aligned set of patent laws. Conformity with the TRIPs agreement is a requirement of admission to the WTO and so compliance is seen by many nations as important. This has also led to many developing nations, which may historically have developed different laws to aid their development, enforcing patents laws in line with global practice.

A key international convention relating to patents is the Paris Convention for the Protection of Industrial Property, initially signed in 1883. The Paris Convention sets out a range of basic rules relating to patents, and although the convention does not have direct legal effect in all national jurisdictions, the principles of the convention are incorporated into all notable current patent systems. The most significant aspect of the convention is the provision of the right to claim priority: filing an application in any one member state of the Paris Convention preserves the right for one year to file in any other member state, and receive the benefit of the original filing date. Because the right to a patent is intensely date-driven, this right is fundamental to modern patent usage.^{[citation needed]}

The authority for patent statutes in different countries varies. In the UK, substantive patent law is contained in the Patents Act 1977 as amended.^[22] In the United States, the Constitution empowers Congress to make laws to "promote the Progress of Science and useful Arts..." The laws Congress passed are codified in Title 35 of the United States Code and created the United States Patent and Trademark Office.

In addition, there are international treaty procedures, such as the procedures under the European Patent Convention (EPC) [administered by the European Patent Organisation (EPOrg)], and the Patent Cooperation Treaty (PCT) (administered by WIPO and covering more than 140 countries), that centralize some portion of the filing and examination procedure. Similar arrangements exist among the member states of ARIPO and OAPI, the analogous treaties among African countries, and the nine CIS member states that have formed the Eurasian Patent Organization.

Application and prosecution[link]

A patent is requested by filing a written application at the relevant patent office. The person or company filing the application is referred to as "the applicant". The applicant may be the inventor or its assignee. The application contains a description of how to make and use the invention that must provide sufficient detail for a person skilled in the art (i.e., the relevant area of technology) to make and use the invention. In some countries there are requirements for providing specific information such as the usefulness of the invention, the best mode of performing the invention known to the inventor, or the technical problem or problems solved by the invention. Drawings illustrating the invention may also be provided.

The application also includes one or more claims, although it is not always a requirement to submit these when first filing the application. The claims set out what the applicant is seeking to protect in that they define what the patent owner has a right to exclude others from making, using, or selling, as the case may be. In other words, the claims define what a patent covers or the "scope of protection".

After filing, an application is often referred to as "patent pending". While this term does not confer legal protection, and a patent cannot be enforced until granted, it serves to provide warning to potential infringers that if the patent is issued, they may be liable for damages.^[23][24][25]

For a patent to be granted, that is to take legal effect in a particular country, the patent application must meet the patentability requirements of that country. Most patent offices examine the application for compliance with these requirements. If the application does not comply, objections are communicated to the applicant or their patent agent or attorney and one or more opportunities to respond to the objections to bring the application into compliance are usually provided.

Once granted the patent is subject in most countries to renewal fees to keep the patent in force. These fees are generally payable on a yearly basis, although the US is a notable exception. Some countries or regional patent offices (e.g. the European Patent Office) also require annual renewal fees to be paid for a patent application before it is granted.

Costs[link]

The costs of preparing and filing a patent application, prosecuting it until grant and maintaining the patent vary from one jurisdiction to another, and may also be dependent upon the type and complexity of the invention, and on the type of patent.

The European Patent Office estimated in 2005 that the average cost of obtaining a European patent (via a Euro-direct application, i.e. not based on a PCT application) and maintaining the patent for a 10 year term was around 32,000 Euro.^[26] Since the London Agreement entered into force on May 1, 2008, this estimation is however no longer up-to-date, since fewer translations are required.

In the United States, in 2000 cost of obtaining patent (patent prosecution) was estimated from $10,000 to $30,000 per patent.^[18] When patent litigation is involved (which in year 1999 happened in about 1,600 cases compared to 153,000 patents issued in the same year ^[18]), costs increase significantly: while 95% of patent litigation cases are settled out of court,^[27] but when the case reaches the court, direct legal costs of patent litigation are on average in the order of a million dollars per case, not including associated business costs.^[28]

Alternatives to applying for a patent[link]

A defensive publication is the act of publishing a detailed description of a new invention without patenting it, so as to establish prior art and public identification as the creator/originator of an invention, although a defensive publication can also be anonymous. A defensive publication prevents others from later being able to patent the invention.

A trade secret is the act of not disclosing the methods by which a complex invention works or how a chemical is formulated. Trade secrets are protected by nondisclosure agreements and employment law that prevents reverse engineering and information leaks such as breaches of confidentiality and corporate espionage. Compared to patents, the advantages of trade secrets are that a trade secret is not limited in time (it "continues indefinitely as long as the secret is not revealed to the public",^[29] whereas a patent is only in force for a specified time, after which others may freely copy the invention), a trade secret does not imply any registration costs,^[29] has an immediate effect,^[29] does not require compliance with any formalities,^[29] and does not imply any disclosure of the invention to the public.^[29] The disadvantages of trade secrets include that "others may be able to legally discover the secret and be thereafter entitled to use it",^[30] "others may obtain patent protection for legally discovered secrets",^[30] and a trade secret is more difficult to enforce than a patent.^[30]

Economics[link]

Rationale[link]

There are four primary incentives embodied in the patent system: to invent in the first place; to disclose the invention once made; to invest the sums necessary to experiment, produce and market the invention; and to design around and improve upon earlier patents.^[31]

1. Patents provide incentives for economically efficient research and development (R&D). A study conducted annually by the IPTS shows that the 2,000 largest global companies invested more than 430 billion euros in 2008^[32] in their R&D departments. If the investments can be considered as inputs of R&D, real products and patents are the outputs. Based on these groups, a project named Corporate Invention Board, had measured and analyzed the patent portfolios to produce an original picture^[33] of their technological profiles. Supporters of patents argue that without patent protection, R&D spending would be significantly less or eliminated altogether, limiting the possibility of technological advances or breakthroughs.^{[citation needed]}Corporations would be much more conservative about the R&D investments they made, as third parties would be free to exploit any developments. This second justification is closely related to the basic ideas underlying traditional property rights.^{[31][specify]}
2. In accordance with the original definition of the term "patent," patents facilitate and encourage disclosure of innovations into the public domain for the common good. If inventors did not have the legal protection of patents, in many cases, they would prefer or tend to keep their inventions secret^{[citation needed]}. Awarding patents generally makes the details of new technology publicly available, for exploitation by anyone after the patent expires, or for further improvement by other inventors. Furthermore, when a patent's term has expired, the public record ensures that the patentee's idea is not lost to humanity.^{[31][specify]}
3. In many industries (especially those with high fixed costs and either low marginal costs or low reverse engineering costs — computer processors, and pharmaceuticals for example), once an invention exists, the cost of commercialization (testing, tooling up a factory, developing a market, etc.) is far more than the initial conception cost. (For example, the internal "rule of thumb" at several computer companies in the 1980s was that post-R&D costs were 7-to-1). Unless there is some way to prevent copies from competing at the marginal cost of production, companies will not make that productization investment.^{[31][not in citation given]}

One effect of modern patent usage is that a small-time inventor can use the exclusive right status to become a licensor. This allows the inventor to accumulate capital from licensing the invention and may allow innovation to occur because he or she may choose not to manage a manufacturing buildup for the invention. Thus the inventor's time and energy can be spent on pure innovation, allowing others to concentrate on manufacturability.^[34]

Another effect of modern patent usage is to cause competitors to design around (or to "invent around" according to R S Praveen Raj)^[35] each other's patents. This may promote healthy competition among manufacturers, resulting in gradual improvements of the technology base.^[36] This may help augment national economies and confer better living standards to the citizens. The 1970 Indian Patent Act allowed the Indian pharmaceutical industry to develop local technological capabilities in this industry. This act transformed India from a bulk importer of pharmaceutical drugs to a leading exporter. The rapid evolution of Indian pharmaceutical industry since the mid-1970s highlights the fact that the design of the patent act was instrumental in building local capabilities even in a poor country like India. ^[37]

Criticism[link]

As state-granted monopolies, patents have been criticized as inconsistent with free trade. On that basis, in 1869 the Netherlands abolished patents, and did not reintroduce them until 1912.^[38]

Patents have also been criticized for being granted on already-known inventions, with many complaining in the United States that the USPTO fails "to do a serious job of examining patents, thus allowing bad patents to slip through the system."^[18] On the other hand, it has been argued that because of low number of patents going into litigation, increasing quality of patents at patent prosecution stage will increase overall legal costs associated with patents, and that current USPTO policy is a reasonable compromise between full trial on examination stage on one hand, and pure registration without examination, on the other hand.^[18]

Patent trolls are one of common criticisms against patents,^[39] though some commentators suggest that patent trolls are not bad for the patent system at all but instead realign market participant incentives, make patents more liquid, and clear the patent market.^[40]

Pharmaceutical patents prevent generic alternatives from entering the market until the patents expire, and thus maintain high prices for medication.^[41] This can have significant effects in the developing world, as those who are most in need of basic essential medicines are unable to afford such high priced pharmaceuticals.^[42] Critics also question the rationale that exclusive patent rights and the resulting high prices are required for pharmaceutical companies to recoup the large investments needed for research and development.^[41] One study concluded that marketing expenditures for new drugs often doubled the amount that was allocated for research and development.^[43] Other articles shed light on the problems of today's medical research. It sets wrong priorities in research and pricing, and pushes the state-run healthcare systems even of rich nations to their limits.^[44]

In one response to these criticisms, one review concluded that less than 5 percent of medicines on the World Health Organization's list of essential drugs are under patent.^[45] Also, the pharmaceutical industry has contributed US$2 billion for healthcare in developing countries, providing HIV/AIDS drugs at lower cost or even free of charge in certain countries, and has used differential pricing and parallel imports to provide medication to the poor.^[45] Other groups are investigating how social inclusion and equitable distribution of research and development findings can be obtained within the existing intellectual property framework, although these efforts have received less exposure.^[45]

Some public campaigns have expressed a concern for "preventing the over-reach" of IP protection including patent protection, and "to retain a public balance in property rights" of this kind.^[46]

According to James Bessen, the costs of patent litigation exceed their investment value in all industries except chemistry and pharmaceuticals. For example, in the software industry, litigation costs are twice the investment value.^[47]

Proposed alternatives to the patent system[link]

According to James Bessen, elimination of the patent system would increase the incentives for innovation in all industries except Chemistry and pharmaceuticals by eliminating startup litigation costs.^[48]

Alternatives have been discussed to address the issue of financial incentivization to replace patents. Mostly, they are related to some form of direct or indirect government funding. One example is the idea of providing "prize money" (from a "prize fund" sponsored by the government) as a substitute for the lost profits associated with abstaining from the monopoly given by a patent.^[49] Another approach is to remove the issue of financing development from the private sphere all together, and to cover the costs with direct government funding.^[50]

Trade secrets are an existing alternative to the patent system. Given their popularity, it has been proposed^{[by whom?]} to strengthen nondisclosure and employment law pertaining to trade secrets.

See also[link]

Wikiquote has a collection of quotations related to: Patent

• Glossary of patent legal concepts
• List of patent related topics
• List of people associated with patent law
• Category:Patent law

References[link]

External links[link]

Wikimedia Commons has media related to: Patents

Look up patent in Wiktionary, the free dictionary.

• Directory of Intellectual Property Offices, maintained by World Intellectual Property Organization (WIPO)
• Useful links, maintained by the European Patent Office
• OECD Patent statistics

Drew Curtis (born February 7, 1973) is the founder and an administrator of Fark.com, an Internet news aggregator. He is also the author of It's Not News, It's FARK: How Mass Media Tries to Pass off Crap as News in May 2007. He is a guest on WOCM's morning show The Rude Awakening Show every Tuesday.

Fark[link]

Fark began in 1993 when Curtis was a student in England, sending links back to his friends.^[1] Curtis registered Fark.com in 1997 but did not begin posting links on the site until 1999.^[2][3] The first story on Fark was a news article about a fighter pilot who crashed while attempting to moon another fighter pilot.^[4] Since then, the site has become one of the most popular link dump sites on the internet^[2] with nearly 50 million pageviews a month.^[1] As of 2006 the site was getting over 2,000 link submissions every day.^[5] It was the first indie blog to earn one million dollars a year in profit^[1] and its classifieds section alone generates as much as $40,000 per year.^[6]

Although Fark is a million-dollar business, Curtis takes a yearly salary of $60,000. The rest of the money goes to the site's legal 'war chest' and to pay other expenses.^[6] Under Curtis, Fark has purposely shied away from the Web 2.0 mantra of total user control.^[5] "I don't care what anyone says, the masses are morons. You can't count on them to pick good stuff. Just check out Network TV to see what the masses want for entertainment. There's certainly a place for that kind of thing but it's not on Fark."^[5] According to Drew, Web 3.0 will be "something called Good Editing."^[5] Speaking at a media conference in Washington, DC hosted by the Poynter Institute, Curtis stated, "The 'wisdom of the crowds' is the most ridiculous statement I've heard in my life. Crowds are dumb. It takes people to move crowds in the right direction, crowds by themselves just stand around and mutter."^[7]

In 2006, Curtis was featured on the cover of Business 2.0 magazine as the feature in a story about successful websites.^[1] Lexington Weekly named him one of their businessmen under 40 to watch.^[2]

On November 28, 2007, Curtis filed an application to trademark the phrase "not safe for work" a common phrase on Fark.com.^[8] His application was denied.

[edit] It's Not News, It's FARK

Curtis published his first book, It's Not News, It's FARK: How Mass Media Tries to Pass off Crap as News in May 2007.^[9] It soon became a bestseller. An in depth analysis of the state of modern media, It's Not News, It's Fark slams news organizations for running smaller versions of his not-real-news. In his review of the book, Farhad Manjoo of Salon.com said that "[Curtis] even seems to go after the audience -- his audience -- for indulging in [not-real-news] Curtis seems to want us to be repulsed by them instead."^[10]

Curtis's book peaked at #12 on Amazon.com's non-fiction bestseller list. Media critic Jack Shafer noted that despite the book's success, it surprisingly received "scant attention" from mainstream media outlets.^[11] The book was later released in paperback.^[12]

Personal life[link]

Drew Curtis graduated from Luther College in Decorah, Iowa in 1995.^[13] From 1996 to 2002, he owned and operated DCR.NET, an ISP based in Frankfort, Kentucky.^[14] He is currently enrolled in the Berkeley-Columbia Executive MBA program, a joint venture of New York’s Columbia University and the University of California at Berkeley.^[15] Curtis lives in the suburbs of Lexington, Kentucky with his wife, Heather, and children, Chance, Storm, and Sierra.^[6][16]

Presentations[link]

Drew Curtis makes several presentations and public appearances. He regularly appears on the Twitch and ZRock Morning Show on ZRock 103.3 FM every Thursday in Lexington, Kentucky, and makes periodic appearances on the podcast Free Talk Live.

Books[link]

• Curtis, Drew (June 2007). It's Not News, It's Fark: How Mass Media Tries to Pass Off Crap as News. New York City: Penguin Group (USA), Inc.. pp. 278. ISBN 978-1-59240-291-5. http://books.google.com/books?id=0Ak9Veq_CTgC&printsec=frontcover&source=gbs_navlinks_s#v=onepage&q=&f=false. 

References[link]

External links[link]

• Fark.com
• Interview with Drew Curtis on Bad Mouth

This biographical article needs additional citations for verification. Please help by adding reliable sources. Contentious material about living persons that is unsourced or poorly sourced must be removed immediately, especially if potentially libelous or harmful. (July 2009)

Alex Tabarrok speaking at TED in 2009.
Photograph by Bill Holsinger-Robinson.

Alexander Taghi Tabarrok (born 1966) is a Canadian-American economist and co-author, with Tyler Cowen, of the economics blog Marginal Revolution.

Both Cowen and Tabarrok are professors at Virginia's George Mason University and fellows with the school's Mercatus Center. In addition, Tabarrok is director of research for the Oakland, California based think tank the Independent Institute. He is the son of the late Mechanical Engineering professor, Dr. Behrooz (Bez) Tabarrok.

His doctoral studies were done at George Mason University where he received his Ph.D. in 1994.

He has done work on dominant assurance contracts, law and economics and health economics.

External links[link]

• Tabarrok's GMU home page
• Podcast featuring Tabarrok Tabarrok discusses medical malpractice on EconTalk.
• Tabarrok's talk at TED 2009

This biography of a Canadian economist is a stub. You can help Wikipedia by expanding it. v t e

Nikola Tesla
Tesla, aged 37, 1893, photo by Napoleon Sarony
Born	(1856-07-10)10 July 1856 Smiljan, Austrian Empire (Croatian Military Frontier)
Died	7 January 1943(1943-01-07) (aged 86) Manhattan, New York, USA
Residence	Manhattan, New York, USA Karlovac, Croatia Budapest, Hungary
Citizenship	Austrian Empire (10 July 1856 – 29 October 1918)[citation needed] United States (30 July 1891 – 7 January 1943)
Fields	Electrical engineering Mechanical engineering
Institutions	Edison Machine Works Tesla Electric Light & Manufacturing Westinghouse Electric & Manufacturing Co.
Alma mater	Graz University of Technology Charles University in Prague
Known for	Alternating current Bifilar coil Death ray Electrogravitics Induction motor Particle beam weapon Rotating magnetic field Teleforce Tesla coil Tesla electric car Tesla principle Tesla turbine Tesla's Egg of Columbus Tesla's oscillator Telegeodynamics Terrestrial stationary waves Wireless technology
Influences	Ernst Mach
Influenced	Gano Dunn
Notable awards	Order of St. Sava (1892) Elliott Cresson Medal (1894) Edison Medal (1916) John Scott Medal (1934)
Signature

Nikola Tesla (Serbian Cyrillic: Никола Тесла; 10 July 1856 – 7 January 1943) was a Serbian-American inventor, physicist, mechanical engineer, electrical engineer, and futurist. He was an important contributor to the use of commercial electricity, and is best known for developing the modern alternating current (AC) electrical supply system. His many revolutionary developments in the field of electromagnetism in the late 19th and early 20th centuries were based on the theories of electromagnetic technology discovered by Michael Faraday. Tesla's patents and theoretical work also formed the basis of wireless communication and the radio.

Born in the village of Smiljan (now part of Gospić, present day Croatia), Tesla was a subject of the Austrian Empire by birth and later became an American citizen.^[1] Because of his 1894 demonstration of short range wireless communication through radio^[2] and as the eventual victor in the "War of Currents", he was widely respected as one of the greatest electrical engineers who worked in America.^[3] He pioneered modern electrical engineering and many of his discoveries were of groundbreaking importance. In the United States during this time, Tesla's fame rivaled that of any other inventor or scientist in history or popular culture.^[4] Tesla demonstrated wireless energy transfer to power electronic devices in 1891,^[5] and aspired to intercontinental wireless transmission of industrial power in his unfinished Wardenclyffe Tower project.

Tesla became reclusive towards the end of his life, living alone in a New York City hotel room and only appearing occasionally to make unusual statements to the press.^[6][7] Because of his pronouncements and the nature of his work over the years Tesla gained a reputation in popular culture as the archetypal "mad scientist".^[8][9] He died with little money to his name.^[10]

Tesla's work fell into relative obscurity after his death but since the 1990s his reputation has experienced a popular culture comeback.^[11] In 2005 he was listed amongst the top 100 nominees in the TV show "The Greatest American", an open access popularity poll conducted by AOL and The Discovery Channel.

The SI unit measuring magnetic field B (also referred to as the magnetic flux density and magnetic induction), the tesla, was named in his honor (at the CGPM, Paris, 1960).

Early years[link]

Nikola Tesla was born to Serbian parents in the village of Smiljan, Austrian Empire near the town of Gospić, in the territory of modern-day Croatia. His baptismal certificate reports that he was born on 28 June (N.S. 10 July) 1856 to father Milutin Tesla, a priest in the Serbian Orthodox Church.^[12] His mother was Đuka Tesla, née Mandić, whose father was also a Serbian Orthodox priest.^[13] She was talented in making home craft tools and memorized many Serbian epic poems, but never learned to read.^[14] Tesla's biographer John O'Neill relates that "the Tesla and Mandić families originally came from the western part of Serbia near Montenegro."^[15]

Nikola was the fourth of five children, having one older brother (Danilo, who was killed in a horse-riding accident when Nikola was five) and three sisters (Milka, Angelina and Marica).^[16] His family moved to Gospić in 1862. Tesla attended school at Higher Real Gymnasium in Karlovac.^[17] He finished a four-year term in the span of three years.^[18]

Nikola Tesla's house (parish hall) in village Smiljan where he was born and the church where his father served (present day Croatia).

Tesla went on to study electrical engineering at the Austrian Polytechnic in Graz (1875). While there, he studied the uses of alternating current. Some sources say he received Baccalaureate degrees from the university at Graz.^[19][20][21] However, the university says that he did not receive a degree and did not continue beyond the first semester of his third year, during which he stopped attending lectures.^{[22][23][24][25]} In December 1878, Tesla left Graz and broke all relations with his family. His friends thought that he had drowned in the Mur River. He went to Marburg, (today's Maribor, in Slovenia), where he was first employed as an assistant engineer for a year. He suffered a nervous breakdown during this time. Tesla was later persuaded by his father to attend the Charles-Ferdinand University in Prague, which he attended for the summer term of 1880. Here, he was influenced by Ernst Mach. However, after his father died, he left the university, having completed only one term.^[26]

Nikola Tesla c. 1879 at age 23, and his passport from 1883

Tesla engaged in reading many works, memorizing complete books, supposedly having a photographic memory.^[27] Tesla related in his autobiography that he experienced detailed moments of inspiration. During his early life, Tesla was stricken with illness time and time again. He suffered a peculiar affliction in which blinding flashes of light would appear before his eyes, often accompanied by visions. Much of the time the visions were linked to a word or idea he might have come across, at other times they would provide the solution to a particular problem he had been encountering; just by hearing the name of an item, he would be able to envision it in realistic detail. Modern-day synesthetes report similar symptoms. Tesla would visualize an invention in his mind with extreme precision, including all dimensions, before moving to the construction stage; a technique sometimes known as picture thinking. He typically did not make drawings by hand, instead just conceiving all ideas with his mind. Tesla also often had flashbacks to events that had happened previously in his life; these began during his childhood.^[27]

In 1880, he moved to Budapest to work under Tivadar Puskás in a telegraph company,^[28] the National Telephone Company. There, he met Nebojša Petrović, a young, Serbian inventor who lived in Austria. Although their encounter was brief, they did work on a project together using twin turbines to create continual power. On the opening of the telephone exchange in Budapest, 1881, Tesla became the chief electrician to the company, and was later engineer for the country's first telephone system. He also developed a device that, according to some, was a telephone repeater or amplifier, but according to others could have been the first loudspeaker.^[29]

Drawing from U.S. Patent 381968, illustrating principle of Tesla's alternating current motor

Working for Edison in France and the U.S[link]

In 1882 he moved to Paris, to work as an engineer for the Continental Edison Company, designing improvements to electric equipment brought overseas from Edison's ideas. According to Tesla's autobiography, in the same year he conceived of his induction motor and began developing various devices that use rotating magnetic fields for which he received patents in 1888. The paternity of the invention remains controversial since a prototype induction motor was demonstrated in Europe in 1885 by Galileo Ferraris.^{[30][31][32][33]} Ferraris published his findings in 1888.

On 6 June 1884, Tesla first arrived in the United States, in New York City^[34] with little besides a letter of recommendation from Charles Batchelor, a former employer. In the letter of recommendation to Thomas Edison, it is claimed that Batchelor wrote, 'I know two great men and you are one of them; the other is this young man', but the exact contents of the letter is disputed in McNichol's book. Edison hired Tesla to work for his Edison Machine Works. Tesla's work for Edison began with simple electrical engineering and quickly progressed to solving some of the company's most difficult problems. Tesla was even offered the task of completely redesigning the Edison company's direct current generators.^[35]

In 1885 Tesla claimed he could redesign Edison's inefficient motor and generators, making an improvement in both service and economy. According to Tesla, Edison remarked "There's fifty thousand dollars in it for you - if you can do it".^[36] This has been noted as an odd statement from an Edison whose company was stingy with pay and did not have that sort of cash on hand.^[37] After months of work when Tesla finished the task and inquired about payment Edison claimed he was only joking replying, "Tesla, you don't understand our American humor".^[38][39] Edison offered a $10 a week raise over Tesla's US$18 per week salary, but Tesla refused it and immediately resigned.^[36]

Tesla, in need of work, eventually found himself digging ditches for a short period of time for the Edison company. He used this time to focus on his AC polyphase system.^[40]

Middle years[link]

Wireless transmission of power and energy demonstration during his high frequency and potential lecture of 1891 Electromechanical devices and principles developed by Nikola Tesla: Various devices that use rotating magnetic fields (1882) The Induction motor, rotary transformers, and "high" frequency alternators The Tesla coil,[41] his magnifying transmitter, and other means for increasing the intensity of electrical oscillations (including condenser discharge transformations and the Tesla oscillators[42][43]) Alternating current long-distance electrical transmission system[44] (1888) and other methods and devices for power transmission Systems for wireless communication (prior art for the invention of radio) and radio frequency oscillators[45] Robotics and the electronic logic gate[46] Electrotherapy Tesla currents[47][48][49] Wireless transfer of electricity and the Tesla effect[50][51] Tesla impedance phenonomena[52] Tesla electro-static field Tesla principle Bifilar coil Telegeodynamics Tesla insulation Tesla impulses[53] Tesla frequencies[41] Tesla discharge[41] Forms of commutators and methods of regulating third brushes Tesla turbines (e.g., bladeless turbines) for water, steam and gas and the Tesla pumps Tesla igniter Corona discharge ozone generator Tesla compressor X-rays Tubes using the Bremsstrahlung process Devices for ionized gases and "Hot Saint Elmo's Fire".[54] Devices for high field emission Devices for charged particle beams Phantom streaming devices[55] Arc light systems Methods for providing extremely low level of resistance to the passage of electric current (predecessor to superconductivity) Voltage multiplication circuitry Devices for high voltage discharges Devices for lightning protection VTOL aircraft Dynamic theory of gravity Concepts for electric vehicles Polyphase systems

In 1886, Tesla formed his own company, Tesla Electric Light & Manufacturing. The initial financial investors disagreed with Tesla on his plan for an alternating current motor and eventually relieved him of his duties at the company. Tesla worked in New York as a laborer from 1886 to 1887 to feed himself and raise capital for his next project. In 1887, he constructed a brushless alternating current induction motor, which he demonstrated to the American Institute of Electrical Engineers (now IEEE) in 1888. In the same year, he developed the principles of his Tesla coil, and began working with George Westinghouse at Westinghouse Electric & Manufacturing Company's Pittsburgh labs. Westinghouse listened to his ideas for polyphase systems which would allow transmission of alternating current electricity over long distances.

In April 1887, Tesla began investigating what would later be called X-rays using his own single terminal vacuum tubes (similar to his patent #514,170). This device differed from other early X-ray tubes in that it had no target electrode. The modern term for the phenomenon produced by this device is bremsstrahlung (or braking radiation). It is now known that this device operated by emitting electrons from the single electrode through a combination of field electron emission and thermionic emission. Once liberated, electrons are strongly repelled by the high electric field near the electrode during negative voltage peaks from the oscillating HV output of the Tesla Coil, generating X rays as they collide with the glass envelope. He also used Geissler tubes. By 1892, Tesla became aware of the skin damage that Wilhelm Röntgen later identified as an effect of X rays.

In the early research, Tesla devised several experimental setups to produce X-rays. Tesla held that, with his circuits, the "instrument will [... enable one to] generate Roentgen rays of much greater power than obtainable with ordinary apparatus".^[56]

He also commented on the hazards of working with his circuit and single-node X-ray-producing devices. Of his many notes in the early investigation of this phenomenon, he attributed the skin damage to various causes. He believed early on that damage to the skin was not caused by the Roentgen rays, but the ozone generated in contact with the skin, and to a lesser extent, nitrous acid. Tesla incorrectly held that x-rays were longitudinal waves, such as those produced in waves in plasma. There are known examples of this and these plasma waves can occur in the situation of force-free magnetic fields.^[57][58] His hypotheses and experiments were confirmed by others.^[59]

Tesla continued research in the field. He performed several experiments prior to Roentgen's discovery (including photographing the bones of his hand; later, he sent these images to Roentgen) but did not make his findings widely known; much of his research was lost in the 5th Avenue laboratory fire of March 1895.

Tesla demonstrated wireless energy transmission as early as 1891. The Tesla effect is a term for an application of this type of electrical conduction (that is, the movement of energy through space and matter, not just the production of voltage across a conductor).^[50][60]

American citizenship[link]

Tesla demonstrated a radio-controlled boat on 1898 U.S. Patent 613,809, named Method of an Apparatus for Controlling Mechanism of Moving Vehicle or Vehicles

On 30 July 1891, at the age of 35, he became a naturalized citizen of the United States. Tesla established his South Fifth Avenue laboratory in New York in the same year. Later, Tesla established his Houston Street laboratory in New York at 46 E. Houston Street. He lit electric lamps wirelessly at both of the New York locations, providing evidence for the potential of wireless power transmission.^[61]

Soon thereafter, in 1892,^[62] Tesla was awakened from a dream in which his mother had died.^[63] He returned to Europe for her funeral. After her death, Tesla fell ill. He spent two to three weeks recuperating in Gospić and the village of Tomingaj near Gračac, his mother's birthplace.

Some of Tesla's closest friends were artists. He befriended Century Magazine editor Robert Underwood Johnson, who adapted several Serbian poems of Jovan Jovanović Zmaj (which Tesla translated). Also during this time, Tesla was influenced by the Vedic philosophy (i.e., Hinduism) teachings of the Swami Vivekananda; so much so that, after his exposure to Hindu-Vedic thought, Tesla started using Sanskrit words to name some of his fundamental concepts regarding matter and energy.^[64]

Nikola Tesla's AC dynamo-electric machine (Electric generator) used to generate AC which is used to transport electricity across great distances. It is contained in U.S. Patent 390,721.

When Tesla was 36 years old, the first patents concerning the polyphase power system were granted. He continued research of the system and rotating magnetic field principles. Tesla served, from 1892 to 1894, as the vice president of the American Institute of Electrical Engineers, the forerunner (along with the Institute of Radio Engineers) of the modern-day IEEE. From 1893 to 1895, he investigated high frequency alternating currents. He generated AC of one million volts using a conical Tesla coil and investigated the skin effect in conductors, designed tuned circuits, invented a machine for inducing sleep, invented a cordless gas discharge lamp, and transmitted electromagnetic energy without wires, building the first radio transmitter.^{[citation needed]} In St. Louis, Missouri, Tesla made a demonstration related to radio communication in 1893.^{[citation needed]} Addressing the Franklin Institute in Philadelphia, Pennsylvania and the National Electric Light Association, he described and demonstrated in detail its principles. Tesla's demonstrations were written about widely through various media outlets. Tesla also investigated harvesting energy that is present throughout space. He believed that it was merely a question of time when men would succeed in attaching their machinery to the very wheelwork of nature, stating: "Ere many generations pass, our machinery will be driven by a power obtainable at any point of the universe."^[65]

At the 1893 World's Fair, the World's Columbian Exposition in Chicago, an international exposition was held which, for the first time, devoted a building to electrical exhibits. It was a historic event as Tesla and George Westinghouse introduced visitors to AC power by using it to illuminate the Exposition. On display were fluorescent lamps developed by Westinghouse^[66] and single node bulbs. An observer noted:

Within the room was suspended two hard-rubber plates covered with tin foil. These were about fifteen feet apart, and served as terminals of the wires leading from the transformers. When the current was turned on, the lamps or tubes, which had no wires connected to them, but lay on a table between the suspended plates, or which might be held in the hand in almost any part of the room, were made luminous. These were the same experiments and the same apparatus shown by Tesla in London about two years previous, "where they produced so much wonder and astonishment".^[67]

Tesla also explained the principles of the rotating magnetic field and induction motor by demonstrating how to make an egg made of copper stand on end in his demonstration of the device he constructed known as the "Egg of Columbus".

The Tesla generator was developed by Tesla in 1895, in conjunction with his developments concerning the liquefaction of air. Tesla knew from Lord Kelvin's discoveries that more heat is absorbed by liquefied air when it is re-gasified and used to drive something than is required by theory; in other words, that the liquefaction process is somewhat anomalous or 'over unity'.^[68] Just before Tesla's completion of his work and the filing of a patent application, Tesla's laboratory burned down, destroying all his equipment, models and inventions. Immediately after the fire, Carl von Linde, in Germany, filed a patent application for the same process.^[69]

A "world system" for "the transmission of electrical energy without wires" that depends upon the electrical conductivity of the earth was proposed, in which transmission in various natural media with current that passes between the two points are used to power devices. In a practical wireless energy transmission system using this principle, a high-power ultraviolet beam might be used to form a vertical ionized channel in the air directly above the transmitter-receiver stations.^{[citation needed]} The same concept is used in virtual lightning rods and the electrolaser electroshock weapon,^[70] and has been proposed for disabling vehicles.

Also in the late 1880s, Tesla and Thomas Edison became adversaries in part because of Edison's promotion of direct current (DC) for electric power distribution over the more efficient alternating current advocated by Tesla and Westinghouse. Until the development of the induction motor, AC's advantages for long distance high voltage transmission were counterbalanced by the inability to operate motors on AC.^{[citation needed]} As a result of the "War of Currents", Edison and Westinghouse went nearly bankrupt, so in 1897, Tesla released Westinghouse from contract, providing Westinghouse a break from Tesla's patent royalties. Also in 1897, Tesla researched radiation, which led to setting up the basic formulation of cosmic rays.^[71]

In 1897, at age 41, Tesla filed the first radio patent (U.S. Patent 645,576). A year later, he demonstrated a radio-controlled boat to the US military, believing that the military would want things such as radio-controlled torpedoes. Tesla claimed to have developed the "Art of Telautomatics", a form of robotics, as well as the technology of remote control.^[72] In 1898, he demonstrated a radio-controlled boat to the public during an electrical exhibition at Madison Square Garden. Tesla called his boat a "teleautomaton".^[73] In the same year, Tesla devised an "electric igniter" or spark plug for Internal combustion gasoline engines. He gained U.S. Patent 609,250, "Electrical Igniter for Gas Engines", on this mechanical ignition system. Tesla lived in the former Gerlach Hotel, renamed The Radio Wave building, at 49 W 27th St. (between Broadway and Sixth Avenue), Lower Manhattan, before the end of the century where he conducted the radio wave experiments. A commemorative plaque was placed on the building in 1977 to honor his work. Remote radio control remained a novelty until World War I and afterward, when a number of countries used it in military programs.

Colorado Springs[link]

Publicity picture of Nikola Tesla sitting in his laboratory in Colorado Springs with his "Magnifying transmitter" generating millions of volts. The arcs are about 7 meters (23 ft) long. (Tesla's notes identify this as a multiple exposure photograph.)

An experiment in Colorado Springs. This bank of lights is receiving power by means of electrodynamic induction from a nearby transmitter

A Colorado Springs experiment: here a grounded tuned coil in resonance with a distant transmitter illuminates a light near the bottom of the picture.

In 1899, Tesla decided to move and began research in Colorado Springs, Colorado in a lab located near Foote Ave. and Kiowa St.,^[74] where he would have room for his high-voltage, high-frequency experiments. Upon his arrival he told reporters that he was conducting wireless telegraphy experiments transmitting signals from Pikes Peak to Paris. Tesla's diary contains explanations of his experiments concerning the ionosphere and the ground's telluric currents via transverse waves and longitudinal waves.^[75] At his lab, Tesla proved that the earth was a conductor, and he produced artificial lightning (with discharges consisting of millions of volts, and up to 135 feet long).^[76] Tesla also investigated atmospheric electricity, observing lightning signals via his receivers. Reproductions of Tesla's receivers and coherer circuits show an unpredicted level of complexity (e.g., distributed high-Q helical resonators, radio frequency feedback, crude heterodyne effects, and regeneration techniques).^[77] Tesla stated that he observed stationary waves during this time.^[78]