Patrick Boucher’s interesting article, “Recent developments in US patent law” (Physics Today, January 2012, page 27), aptly begins by referring to the infamous controversy between Alexander Graham Bell and Elisha Gray over who should have patent rights to the telephone. However, Boucher neglects the other, more significant telephone patent controversy involving Bell: the one with Antonio Meucci (1808–89), the true and first inventor of the telephone, if not its ultimate patent holder.Meucci was an opera stage engineer of modest means. Born and raised in Florence, Italy, he immigrated to the US in 1850, after several years in Cuba. Through a sequence of implausible accidents that started with his attempts to treat headaches using electricity, he developed from scratch a true and complete telephone system between 1849 and 1870. He made the first complete prototype in 1856 and used it to communicate with his disabled wife: His laboratory was in the basement and she was in seclusion on the upper floor. His invention, which he called a “telettrofono,” led to the fabrication and operation of a small functioning but short-lived telephone network in his village of Clifton in Staten Island, New York. In the 1850s he also developed a working microphone and a process to produce adequate electrical copper wires.In the following years, Meucci relentlessly sought investors to commercially develop his invention; to that end he delivered a complete set of blueprints and prototypes to American District Telegraph, with which Bell was connected. Later, when Meucci requested the return of the papers, ADT officials claimed they had gone missing.Meucci established a company that in December 1871 filed for a caveat—a one-year provisional patent—because he did not have enough money for a full patent application. In July 1871 he had been severely injured during the fire on the Westfield ferry in New York Harbor and was hospitalized for several months. His impoverished wife had to sell off even the prototype telephone samples for the sum of $6. Bell filed his patent application in 1876 and had it granted. Meucci fought Bell’s patent in the courts for many years, but he lacked the financial resources to confront the powerful Bell Telephone Co. He was defeated in what many consider an unjust and corrupt trial. The case was “discontinued as moot,” and the matter legally unresolved, because of his death and the expiration of Bell’s patent.The history outlined here is amply documented at, for example, the Garibaldi–Meucci Museum—Meucci’s former home in Staten Island. In Italy, Meucci is acknowledged as the inventor of the telephone, regardless of who the patentee may have been. In 2002 the US Congress recognized his role with House Resolution 269 (http://www.gpo.gov/fdsys/pkg/BILLS-107hres269ih/pdf/BILLS-107hres269ih.pdf).The Meucci versus Bell versus Gray affair clearly demonstrates how, for centuries, the patent legal system in the US and elsewhere, far from protecting the rights of individual inventors and promoting innovation, has served the interests of well-organized, capital-backed corporations. The new direction for the patent system—“first to file” rather than “first to invent”—can only exacerbate the wrong.© 2012 American Institute of Physics.
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