Coke’s Patent Law Motivated by Belief that Creative Craftsmen Were Source of Britain’s Prosperity

William Rosen discusses the genesis and significance of the world’s first patent law:

(p. 52) The Statute became law in 1624. The immediate impact was barely noticeable, like a pebble rolling down a gradual slope at the top of a snow-covered mountain. For decades, fewer than six patents were awarded annually, though still more in Britain than anywhere else. It was seventy-five years after the Statute was first drafted, on Monday, July 25, 1698, before an anonymous clerk in the employ of the Great Seal Patent Office on Southampton Row, three blocks from the present–day site of the British Museum, granted patent number 356: Thomas Savery’s “new Invention for Raiseing of Water and occasioning Motion to all Sorts of Mill Work by the lmpellent Force of Fire.”

Both the case law and the legislation under which the application was granted had been written by Edward Coke. Both were imperfect, as indeed was Savery’s own engine. The law was vague enough (and Savery’s grant wide-ranging enough; it essentially covered all ways for “Raiseing of Water” by fire) that Thomas Newcomen was compelled to form a partnership with a man whose machine scarcely resembled his own. But it is not too much to claim that Coke’s pen had as decisive an impact on the evolution of steam power as any of Newcomen’s tools. Though he spent most of his life as something of a sycophant to Elizabeth and James, Coke’s philosophical and temperamental affinity for ordinary Englishmen, particularly the nation’s artisans, compelled him to act, time and again, in their interests even when, as with his advocacy of the 1628 Petition of Right (an inspiration for the U.S. Bill of Rights) it landed him in the King’s prisons. He became the greatest advocate for England’s craftsmen, secure in the belief that they, not her landed gentry or her merchants, were the nation’s source of prosperity. By understanding that it was England’s duty, and–perhaps even more important–in England’s interest, to promote the creative labors of her creative laborers, he anticipated an economic philosophy far more modern than he probably understood, and if he grew rich in the service of the nation, he also, with his creation of the world’s first durable patent law, returned the favor.

Source:
Rosen, William. The Most Powerful Idea in the World: A Story of Steam, Industry, and Invention. New York: Random House, 2010.
(Note: italics in original.)

When Inventors Could Get Patents that Were Durable and Enforceable, “the World Started to Change”

(p. 50) . . . Coke, who had . . . been made Lord Chief Justice of’ England, drafted the 1623 “Act concerning Monopolies and Dispensations with penall Lawes and the Forfeyture thereof,” or, as it has become known, the Statute on Monopolies. The Act was designed to promote the interests of artisans, and eliminate all traces of monopolies.

With a single, and critical, exception. Section 6 of the Statute, which forbade every other form of monopoly, carved out one area in which an exclusive franchise could still be granted: Patents could still be awarded to the person who introduced the invention to the realm–to the “first and true inventor.”
This was a very big deal indeed, though not because it represented the first time inventors received patents. The Venetian Republic was offering some form of patent protection by 1471, and in 1593, the Netherlands’ States-General awarded a patent to Mathys Siverts, for a new (and unnamed) navigational instrument. And, of course, Englishmen like John of Utynam had been receiving patents for inventions ever since Henry VI. The difference between Coke’s statute and the customs in place before and elsewhere is that it was a law, with all that implied for its durability and its enforceability. Once only inventors could receive patents, the world started to change.

Source:
Rosen, William. The Most Powerful Idea in the World: A Story of Steam, Industry, and Invention. New York: Random House, 2010.
(Note: italics in original; ellipses added.)

Ice Entrepreneur Gorrie Died Dispirited for Lack of Funds

ConnectionsBK.jpg

Source of book image:
http://ecx.images-amazon.com/images/I/51E2APGW55L._SS500_.jpg

(p. 241) In May of the following year [i.e., in May 1851] Gorrie obtained a patent for the first ice-making machine.
. . .
But he was unable to find adequate backing, and in 1855 he died, a broken and dispirited man.

Source:
Burke, James. Connections. New York, NY: Little, Brown, and Co., 1978.
(Note: ellipsis and bracketed information added.)

Capitalism’s Market Entrepreneurs Benefit the Common Man

VanderbiltFiskCartoon2010-11-14.jpg“Rails to riches: An 1870 cartoon depicting James Fisk’s attempt to stop Cornelius Vanderbilt from gaining control of the Erie Railroad Company.” Source of caption and cartoon: online version of the WSJ article quoted and cited below.

I have read H.W. Brands’ Masters of Enterprise book and found that it contained some interesting anecdotes, but not very insightful interpretation. From Amity Shlaes’ useful review quoted below, I would expect the same from Brands’ most recent book.

(p. C7) Mr. Brands laments that capitalism’s triumph in the late 19th century created a disparity between the “wealthy class” and the common man that dwarfs any difference of income in our modern distribution tables. But this pitting of capitalism against democracy will not hold. When the word “class” crops up in economic discussions, watch out: it implies a perception of society held in thrall to a static economy of rigid social tiers. Capitalism might indeed preclude democracy if capitalism meant that rich people really were a permanent class, always able to keep the money they amass and collect an ever greater share. But Americans are an unruly bunch and do not stay in their classes. The lesson of the late 19th century is that genuine capitalism is a force of creative destruction, just as Joseph Schumpeter later recognized. Snapshots of rich versus poor cannot capture the more important dynamic, which occurs over time.

One capitalist idea (the railroad, say) brutally supplants another (the shipping canal). Within a few generations–and in thoroughly democratic fashion–this supplanting knocks some families out of the top tier and elevates others to it. Some poor families vault to the middle class, others drop out. If Mr. Brands were right, and the “triumph of capitalism” had deadened democracy and created a permanent overclass, Forbes’s 2010 list of billionaires would today be populated by Rockefellers, Morgans and Carnegies. The main legacy of titans, former or current, is that the innovations they support will produce social benefits, from the steel-making to the Internet.
The second failing of “Colossus” is its perpetuation of the robber-baron myth. Years ago, historian Burton Folsom noted the difference between what he labeled political entrepreneurs and market entrepreneurs. The political entrepreneur tends to compete over finite assets–or even to steal them–and therefore deserves the “robber baron” moniker. An example that Mr. Folsom provided: the ferry magnate Robert Fulton, who operated successfully on the Hudson thanks to a 30-year exclusive concession from the New York state legislature. Russia’s petrocrats nowadays enjoy similar protections. Neither Fulton nor the petrocrats qualify as true capitalists.
Market entrepreneurs, by contrast, vanquish the competition by overtaking it. On some days Cornelius Vanderbilt was a political entrepreneur–perhaps when he ruined those traitorous partners, for instance. But most days Vanderbilt typified the market entrepreneur, ruining Fulton’s monopoly in the 1820s with lower fares, the innovative and cost-saving tubular boiler and a splendid advertising logo: “New Jersey Must Be Free.” With market entrepreneurship, a third party also wins: the consumer. Market entrepreneurs are not true robbers, for their ruining serves the common good.

For the full review, see:
AMITY SHLAES. “An Age of Creative Destruction.” The Wall Street Journal (Sat., October 16, 2010): C7.
(Note: the online version of the article is dated October 29 (sic), 2010.)

The book under critical review by Shlaes:
Brands, H.W. American Colossus: The Triumph of Capitalism, 1865-1900. New York: Doubleday, 2010.

The Folsom book rightly praised in passing by Shlaes is:
Folsom, Burton W. The Myth of the Robber Barons. 4th ed: Young America’s Foundation, 2003.

Invention Aided By the Intelligent Hand and Spatial Intelligence

(p. 36) For centuries, certainly ever since Immanuel Kant called the hand the window on the mind,” philosophers have been pondering the very complex way in which the human hand is related to the human mind. Modern neuroscience and evolutionary biology have confirmed the existence of what the Scottish physician and theologian Charles Bell called the intelligent hand. Stephen Pinker of Harvard even argues that early humans’ intelligence increased partly because they were equipped with levers of influence on the world. namely the grippers found at the end of their two arms. We now know that the literally incredible amount of sensitivity and articulation of the human hand, which has increased at roughly the same pace as has the complexity of the human brain, is not merely a product of the pressures of natural selection, butt an initiator of it: The hand has led the brain to evolve just as much as the brain has led the hand. The hands of a pianist, or a painter, or a sushi chef, or even, as with Thomas New-(p. 37)comen, hands that could use a hammer to shape soft iron, are truly, in any functional sense, “intelligent.”

This sort of tactile intelligence was not emphasized in A. P. Usher’s theory of invention, the components of which he filtered through the early twentieth-century school of psychology known as Gestalt theory, which was preeminently a theory of visual behavior. The most important precepts of Gestalt theory (to Usher, anyway, who was utterly taken with their explanatory power) are that the patterns we perceive visually appear all at once, rather than by examining components one at a time, and that a principle of parsimony organizes visual perceptions into their simplest form. Or forms; one of the most famous Gestalt images is the one that can look like either a goblet or two facing profiles. Usher’s enthusiasm for Gestalt psychology explains why, despite his unshakable belief in the inventive talents of ordinary individuals, he devotes an entire chapter of his magnum opus to perhaps the most extraordinary individual in the history of invention: Leonardo da Vinci.
Certainly, Leonardo would deserve a large place in any book on the history of mechanical invention, not only because of his fanciful helicopters and submarines. hut for his very real screw cutting engine, needle making machine, centrifugal pumps, and hundreds more. And Usher found Leonardo an extraordinarily useful symbol in marking the transition in mechanics from pure intuition to the application of science and mathematics.
But the real fascination for Usher was Leonardo’s straddling of two worlds of creativity, the artistic and the inventive. No one, before or since, more clearly demonstrated the importance to invention of what we might call “spatial intelligence”; Leonardo was not an abstract thinker of any great achievement, nor were his mathematical skills, which he taught himself late in life, remarkable. (p. 38) His perceptual skills, on the other hand, developed primarily for his painting, were extraordinary, but they were so extraordinary that Usher could write, “It is only with Leonardo that the process of invention is lifted decisively into the field of the imagination. . . . “

Source:
Rosen, William. The Most Powerful Idea in the World: A Story of Steam, Industry, and Invention. New York: Random House, 2010.

If the Uncredentialed Succeed, It Must Be Luck

(p. 33) Newcomen and Calley had, in broad strokes, the design for a working engine. They had enjoyed some luck, though it was anything but dumb luck. This didn’t seem to convince the self-named (p. 34) experimental philosopher J. T. Desaguliers, a Huguenot refugee Like Papin, who became one of Isaac Newton’s assistants and (later) a priest in the Church of England. Desaguliers wrote, just before his death in 1744, that the two men had made their engine work, but “not being either philosophers to understand the reason, or mathematicians enough to calculate the powers and to proportion the parts, very luckily by accident found what they sought for.”

The notion of’ Newcomen’s scientific ignorance persists to this day. One of its expressions is the legend that the original engine was made to cycle automatically by the insight of a boy named Humphrey Potter, who built a mazelike network of catches and strings from the plug rod to open the valves and close them. It is almost as if a Dartmouth ironmonger simply had to have an inordinate amount of luck to succeed where so many had failed.
The discovery of the power of injected water was luck; understanding and exploiting it was anything but. Newcomen and CalIey replaced the accidental hole in the cylinder with an injection valve, and, ingeniously, attached it to the piston itself. When the piston reached the bottom of the cylinder, it automatically closed the injection valve and opened another valve, permitting the water to flow out.

Source:
Rosen, William. The Most Powerful Idea in the World: A Story of Steam, Industry, and Invention. New York: Random House, 2010.
(Note: italics in original.)

Steven Johnson Ignores Role of Market in Enabling Innovation

WhereGoodIdeasComeFromBK.jpg

Source of book image: online version of the WSJ review quoted and cited below.

Steven Johnson’s The Ghost Map is one of my favorite books. I also enjoyed his The Invention of Air. I have not yet read his Where Good Ideas Come From. Based on the review quoted below, I do not expect to be as enthused about the new book.
I have read elsewhere that Johnson criticizes patents. If all would-be innovators were independently wealthy then innovation without patents might work. But William Rosen in The Most Powerful Idea in the World has recently shown that patents financed a key group of craftsmen who otherwise would not have been able to create the steam engines that powered the industrial revolution.
The issues are difficult and important—I will write more in a month or two after I have had a chance to read Johnson’s book.

(p. A21) Mr. Johnson thinks that the adjacent possible explains why cities foster much more innovation than small towns: Cities abound with serendipitous connections. Industries, he says, may tend to cluster for the same reason. A lone company in the middle of nowhere has only the mental resources of its employees to fall back on. When there are hundreds of companies around, with workers more likely to change jobs, ideas can cross-fertilize.

The author outlines other factors that make innovation work: the tolerance of failure, as in Thomas Edison’s inexorable process-of-elimination approach to finding a workable light-bulb filament; the way that ideas from one field can be transformed in another; and the power of information platforms to connect disparate data and research. “Where Good Ideas Come From” is filled with fascinating, if sometimes tangential, anecdotes from the history of entrepreneurship and scientific discovery. The result is that the book often seems less a grand theory of innovation than a collection of stories and theories about creativity that Steven Johnson happens to find interesting.
It turns out that Mr. Johnson himself has a big idea, but it’s not a particularly incisive one: He proposes that competition and market forces are less important to innovation than openness and inspiration. The book includes a list of history’s most important innovations and divides them along two axes: whether the inventor was working alone or in a network; and whether he was working for a market reward or for some other reason. Market-led innovations, it turns out, are in the minority.

For the full review, see:
MEGAN MCARDLE. “Serendipitous Connections; Innovation occurs when ideas from different people bang against each other.” The Wall Street Journal (Tues., OCTOBER 5, 2010): A21.

Toricelli Experiment Dispoved Aristotlelian Theory that a Vacuum Was Impossible

(p. 8) Florence, in the year 1641, had been essentially the private fief of the Medici family for two centuries. The city, ground zero for both the Renaissance and the Scientific Revolution, was also where Galileo Galilei had chosen to live out the sentence imposed by the Inquisition for his heretical writings that argued that the earth revolved around the sun. Galileo was seventy years old and living in a villa in Arcetri, in the hills above the city, (p. 9) when he read a book on the physics of movement titled De motu (sometimes Trattato del Moto) and summoned its author, Evangelista Torricelli, a mathematician then living in Rome. Torricelli, whose admiration for Galileo was practically without limit, decamped in time not only to spend the last three months of the great man’s life at his side, but to succeed him as professor of mathematics at the Florentine Academy.
. . .
(p. 9) . . . , Torricelli used a tool even more powerful than his well–cultivated talent for mathematical logic: He did experiments. At the behest of one of his patrons, the Grand Duke of Tuscany, whose engineers were unable to build a sufficiently powerful pump, Torricelli designed a series of apparatuses to test the limits of the action of contemporary water pumps. In spring of 1644, Torricelli filled a narrow, four-foot-long glass tube with mercury–a far heavier fluid than water–inverted it in a basin of mercury, sealing the tube’s top. and documented that while the mercury did not pour out, it did leave a space at the closed top of the tube. He reasoned that since nothing could have slipped past the mercury in the tube, what occupied the top of the tube must, therefore, be nothing: a vacuum.
. . .
(p. 10) Torricelli was not, even by the standards of his day, a terribly ambitious inventor. When faced with hostility from religious authorities and other traditionalists who believed, correctly, that his discovery was a direct shot at the Aristotelian world, he happily returned to his beloved cycloids, the latest traveler to find himself on the wrong side of the boundary line between science and technology
But by then it no longer mattered if Torricelli was willing to leave the messiness of physics for the perfection of mathematics: vacuum would keep mercury in the bottle, hut the genie was already out. Nature might have found vacuum repugnant for two thousand years, but Europe was about to embrace it.

Source:
Rosen, William. The Most Powerful Idea in the World: A Story of Steam, Industry, and Invention. New York: Random House, 2010.
(Note: italics in original; ellipses added.)

If You Think Life Was Better in the Past, “Say One Single Word: Dentistry”

(p. 2) In general, life is better than it ever has been, and if you think that, in the past, there was some golden age of pleasure and plenty to which you would, if you were able, transport yourself, let me say one single word: “dentistry.”

Source:
O’Rourke, P. J. All the Trouble in the World: The Lighter Side of Overpopulation, Famine, Ecological Disaster, Ethnic Hatred, Plague, and Poverty. paperback ed. New York: Atlantic Monthly Press, 1994.

How Scientific Progress Was Slowed By Too Much Respect for Aristotelian Theory

William Rosen has a wonderful early example of how too much respect for theory can keep us from making the observations that would eventually prove the theory to be wrong:

(p. 7) Aristotle argued against the existence of a vacuum with unerring, though curiously inelegant, logic. His primary argument ran something like this:

1. If empty space can be measured, then it must have dimension.
2. If it has dimension, then it must be a body (this is something of a tautology: by Aristotelian definition, bodies are things that have dimension).
3. Therefore, anything moving into such a previously empty space would he occupying the same space simultaneously, and two bodies cannot do so.
More persuasive was the argument that a void is unnecessary, that since the fundamental character of an object consists of those measurable dimensions, then a void with the same dimensions as the cup, or horse, or ship occupying it is no different from the object. One, therefore, is redundant, and since the object cannot be superfluous, the void must be.
It takes millennia to recover from that sort of unassailable logic, temptingly similar to that used in Monty Python and the Holy GraiI to demonstrate that if a woman weighs as much as a duck, she is a witch. Aristotle’s blind spot regarding the existence of a void would be inherited by a hundred generations of his adherents. Those who read the work of Heron did so through an Aristotelian scrim on which was printed, in metaphorical letters twenty feet high: NATURE ABHORS A VACUUM.

Source:
Rosen, William. The Most Powerful Idea in the World: A Story of Steam, Industry, and Invention. New York: Random House, 2010.
(Note: italics in original.)