Trade secret

V.

With a speed that astonished Mart, this effort produced results. In less than two weeks a formal notification to appear came from a Congressional Committee for Investigation of the Intellectual Resources of the United States.

At Keyes’ invitation they stopped in at ONR upon their arrival in Washington. It was a dull, rainy day, and the first that Mart had spent in the city since his last visit to Keyes.

The director’s greeting was warmer than his last parting had been, but his face still held a frustrated expression, as if he would like to believe in them, but could not because of a lifetime of believing otherwise.

“They’re calling me to testify,” he said. “I wish you could tell me more of what you are trying to do. I want to be fair but it goes against the grain of all we’ve been taught since the beginnings of our scientific careers.”

They spent the remainder of the afternoon in Keyes' office. While the rain dripped steadily outside the window, Mart tried to make the older man understand their divergent point of view. He was not sure whether he had made it or not. Keyes remained noncommittal, but the uncertainty seemed to have been replaced by deep reflection. Mart hoped he would understand, because his testimony would mean a great deal to their case, one way or the other.

The first session of the hearing was scheduled for the following morning. It was called to order in a committee room filled with an impressive gathering which included more than fifty top-drawer scientists and research engineers. Mart recognized many as signers of the Jennings telegram.

Jennings himself was there, evidently having arrived that very morning, since he had not contacted them. Mart recognized other men from the AEC, from the Bureau of Standards, and top universities. There were a number of his former students who filled top scientific posts.

Don Wolfe was there, as was Joe Baird, the TV reporter. And then Mart saw, with a somewhat sinking sensation, the portly figure of his former colleague on Project Levitation, Professor Dykstra from MIT. Mart groaned, and nudged Berk as Dykstra took a seat at the rear of the room. “Nemesis is here,” said Mart.

There were five congressmen on the Committee in charge of the hearing. Berk and Mart studied them intently as they came in and took seats at the long table. There was nothing obviously outstanding about any of them — but neither was there about the group of scientists, Mart thought. He reflected on the situation wherein the decision of these five could affect the lives and work of all these others in the room. What made these five and their colleagues in the Congress competent to judge the limitations to be placed upon the men of science and channel their thinking?

His reflections were interrupted by the gavel banging of Senator Cogswell, who stood at the head of the Committee table and spoke into the cluster of microphones, calling for attention.

Mart watched Cogswell intently. He was the key to the Committee. The senator had come from a Midwestern state, a dealer in farm machinery before coming to the Senate. His face and neck and hands had the perpetual florrid tint of a man who has spent long years of his life in the sun and wind. The press called him Honest Abe Cogswell, and Mart was certain the name fitted.

But you couldn’t be honest if you didn’t have the data, Mart thought. It wasn’t honest to judge a thing concerning which you had no data. And what a fetish you could make of honesty if you didn’t even know you lacked the data! Somehow he would have to find the way to give it to Cogswell.

The farmer-politician announced: “The first to be called for testimony in this hearing will be Dr. Martin Nagle.”

Mart stood up and moved slowly to the seat before the microphones. There was a well filled press section, he noted. Evidently all the news services had been stirred into sending representatives on the off chance that something spectacular might develop.

Cogswell faced him across the microphones. “You are Dr. Nagle?”

“Yes.”

Briefly, he was sworn in. Then Cogswell resumed. “You have been called before this Committee as a result of certain allegations on the part of yourself and others. It is alleged that you have refused the military and commercial exploitation of certain discoveries made by you, and that these discoveries are of primary importance to the welfare and defense of the country.

“It is alleged that you have criticized the Patent System of the United States in a very serious manner, claiming that it offers you inadequate protection for your work. It is further alleged that you have threatened to withhold knowledge of your important discoveries until revision of the Patent Laws gives you the protection you desire.

“Would you like to state your position, Dr. Nagle, to clarify your points of contention for the Committee, or would you prefer to be cross-examined, first, point by point?”

“I would like to ask,” said Mart, “if the Committee is prepared to recommend to the Congress that modifications be made to the Patent System if it can be shown that this is in the best interest of the public, whom the Patent Laws are designed to protect.”

“We are not committed to any action,” said Cogswell. “But if it can be shown that action is called for, the Committee is prepared to make recommendations accordingly.”

“Then I would like to state my case,” said Mart.

“Proceed, Dr. Nagle.”

“In the beginning of industry and manufacture,” said Mart, “the basis of success was often what came to be known as Trade Secrets. A man or a family, over a period of years discovered superior techniques for producing some item of trade. The process would be zealously guarded from disclosure to any possible competitor. Only by preserving the secrecy of these processes could the inventors and discoverers of them obtain any just remuneration for their work of discovery.

“Until very recently, historically speaking, this system of Trade Secrets prevailed. Obviously, it has drawbacks. It impedes the flow of knowledge. It prevents the progress which might result from the application of one man’s knowledge to another's discovery. Because of these drawbacks, the Patent System was born. In theory, this is designed to release the vast store of Trade Secrets and put them in the reservoir of common knowledge to be used by all men. In return for contributing his discoveries to the common store, a man is theoretically rewarded by the Patent System by being given a limited monopoly in the exploitation of the discovery.

“In addition to providing a reward, the Patent System is supposed also to provide an incentive for new discovery and invention. Actually, the present laws achieve almost none of these very idealistic objectives. The System has failed to keep pace with the technological and scientific progress of the world so that it fails to accomplish that for which it was designed. It protects virtually none of those who most deserve its protection.

“I, for one, am in the position of having what we may term a Trade Secret of great value both to myself and to Society. I would like to share it, but under the present Patent System there is no possible way I may do this and receive a remuneration which I consider adequate and equitable.”

A senator interrupted, frowning. “You mean you are not able to obtain patents on your discoveries under the present laws?”

“That is correct,” said Mart. “I cannot protect my discoveries, therefore, if I am to make any practical use of them I must keep them as Trade Secrets, as it were.”

“But there are patents here,” said the senator. He held up a sheaf of papers. “I have copies of patents issued to you, covering the devices over which disputes seem to have arisen.”

Mart shook his head. “No, sir. There is no dispute over the devices covered by those patents. No one is trying to deny me the privilege of making a million toy rockets propelled by antigravity, nor do they care if I become rich as an operator of gambling clubs.

“But I do not wish for these things. I have been forced into these activities by the deficiencies of the Patent Laws.”

The senator gulped a mouthful of air in restrained exasperation. “How in the world can any law of the United States force you into such activities against your will?”

“Just a moment, if you will,” said Senator Cogswell. “Perhaps we should allow Dr. Nagle to complete his testimony without interruption. There will be opportunity for questioning later.”

“If I were free to do so,” said Mart, “I would immediately release my material to the industrial and Governmental laboratories of the country. Within months, the hundreds of engineers in these organizations would be able to develop scores of useful devices based upon my discoveries. But the engineers would be granted patents on the devices in the name of the corporations for which they worked. The corporations would be the ones to profit. I would get not one dime for my part of the work!”

“That’s fantastic,” the interrupting senator said. “I can’t believe that such a situation exists. Certainly no one is going to try to force you to give your work away for nothing.

“What I do not understand is all this talk about inadequate protection under our Patent Laws. Exactly what is it you wish to patent? Why cannot these so-called Trade Secrets of yours be handled in a normal patentable manner?”

Mart smiled and shrugged. “You cannot require me to explain my Trade Secrets here. In this audience there are those who would take unauthorized advantage of them if I were to describe them at this time. Briefly, the work that I have done is classified by the patent authorities as Laws of Nature. These cannot be protected.”

Cogswell frowned. “I am not too familiar with the terminology,” he said. “I presume that an example would be the Law of Gravity.”

“Yes,” said Mart. “The Law of Gravity would be classified by the patent people as a Law of Nature.”

“And you suggest then, that if Sir Isaac Newton were alive today and published his discovery of the Law of Gravity that he should be allowed a patent on it?”

“Precisely,” said Mart. “That is exactly the thing I am suggesting.”

There was a general shifting among the audience, the scrape of feet on the floor. From the Committee table there were unrestrained snickers.

Chairman Cogswell did not restrain his own smile. “I fail to see, first of all,” he said, “what good it would have done the good Sir Isaac to have held such a patent. The Law of Gravity would continue to operate, I am sure, regardless of the patent. Are you suggesting that it would have had any effect on our lives to have the Law of Gravity patented?

“Perhaps Sir Isaac could have levied a toll upon each of us for the privilege of sticking to the surface of the Earth through the operation of his law? Or collected a royalty on each apple that falls?”

The senators chuckled in unison, turning to one another in appreciation of Cogswell’s fine wit. But Mart was looking over the faces of the technical members of the audience. He was pleased with their frowns of disgust.

“I do not make any such suggestions,” Mart said to Cogswell.

“Then will you please explain to the Committee what earthly value it would have been for Sir Isaac Newton to hold a patent on the Law of Gravity! And what good it would do you to be issued patents on what must be equally obvious Laws of Nature.”

“In your last statement lies the fallacy which is at the root of all our difficulty in understanding one another,” said Mart. “The action of gravity is obvious. The Law of Gravity is very far from obvious. The Laws which I have discovered are even less so. As a matter of fact, they are so unobvious that I will make the statement that, unless I agree to reveal them after being given proper patent protection, they will not be rediscovered for at least another hundred years.”

“You take a high view of your own abilities in comparison with those of your colleagues! ” said Cogswell dryly.

“No — not of my abilities, but of the methods by which I have been able to make these discoveries. To clarify my position, let us take a more understandable example.

“One of the most well-known technological devices in modern science and industry is the common photoelectric cell. The photo cell was made possible by the discoveries of Dr. Albert Einstein. Dr. Einstein did not invent the photo cell; he discovered the basic principles by which others were able to do the actual designing of the device. Do you see the difference?

“Dr. Einstein did not, and could not obtain any patents upon his basic discoveries. He went without any appreciable remuneration for that work. But the corporations which have since designed and manufactured photoelectric cells have been paid fabulous royalties on the patents they hold on photo cells. The man who made photo cells possible receives no royalty.

“This same man, through his momentous principle: E = MC², laid the foundation for the atomic bomb. You may be sure that the Atomic Energy Commission does not pay him royalties on each bomb produced — or to any of the other workers whose basic discoveries made possible the production of this weapon.

“On the other hand you will find that —”

There was a sudden explosive stir at the rear of the room. For a moment it seemed as if an excited beetle had burst into flight. Then it became apparent that it was merely Dr. Dykstra who had flown from his seat and was rushing down the short aisle toward the senators’ table.

“This is preposterous!” he exclaimed. “Absolutely preposterous! I assure you, gentlemen, that Dr. Einstein would not have his name profaned by being mentioned in connection with this... this mercenary attempt to —”

Chairman Cogswell rapped loudly with his gavel. “If you please! You will be called and allowed to give testimony when the time comes. At the moment we are hearing Dr. Nagle. You will please take your seat and refrain from further interruptions of this kind.”

“I have only one more major point I wish to make at this time,” said Mart. “Mention has been made of the nation’s need of scientific talent of the highest order, the need of new and basic discoveries. I wish to add my observation that this is indeed true. Our need is critical.

“But basic scientific work is not being done in adequate quantity because the material rewards to the individual researcher and his sponsoring agency are not great enough.

“I have shown what happens in the case of a man like Dr. Einstein. But consider the corporation that employs large numbers of men for the specific purpose of inventing and discovering new principles. Consider Gigantic Electric Corporation. It assumes a burden of five million dollars worth of basic, theoretical research per year. The results happen to be some basic laws of chemistry and fluid flow. Due to the patent situation these laws cannot be protected but they are highly welcome at Mammoth Chemical and Altitude Aircraft, whose engineers get large numbers of patents on the devices they develop out of the principles discovered at Gigantic.

“Next year, Gigantic’s research produces a semipermeable membrane theory. Mammoth Chemical thanks them kindly, does some development work, and obtains patents on methods of extracting fresh water from the sea at a dollar per cubic mile or so. The AEC improves the filters at Oak Ridge. Somebody else gets patents on separating useful hydrocarbons from petroleum by-products for plastic manufacture.

“Gigantic Electric gets nothing. Their stockholders howl. Gigantic drops the big theoretical research program. Nobody dares take it up because, under our present Patent System, there’s no return in money from theoretical research on an adequate scale to supply the needs of the nation.

“There’s your problem, gentlemen, it’s not the question of Dr. Martin Nagle being a dog in the manger with respect to the few things he has available. It’s a major problem that affects every sincere, responsible scientist of top-drawer caliber in the nation. It affects the scientific welfare of the whole country. I call upon you to give us the solution we need!”

There was a small dinner party that night at the hotel with a couple dozen of his closest friends. Keyes was there and Jennings, and Don Wolfe. They invited Dykstra just for the hell of it, but the professor had urgent business elsewhere.

Mart kept the talk away from the hearing, and from the general subject of his discoveries. It kept spilling over into their conversation, but he had no intention of letting it be aired at the dinner table. All they had to say now was for the Committee. Only Jennings broke through with one piece of information pertinent to Mart’s work. He reported that Goodman had acquired one of the tavern-size Volcanoes and was working out a system to beat the game.

Testimony was resumed on Tuesday morning. Dykstra was the first to be called. He arose with a clearing of his throat and moved portentously to the front of the room with the faint side-wise waddle that marked his movements.

He said: “From that great moment, now lost in the dim shades of history, when the first cave man struck fire from flint to warm and illumine his cavern, there has been a code which the true scientist unwaveringly observes. Unspoken and unwritten, it is nevertheless engraved upon his heart in letters that burn. That code is that knowledge shall be free. It shall be the rightful possession of all mankind. The true scientist would no more think of taking out a patent upon his work than he would think of deliberately falsifying the reports of his observations. Nowhere, in the presence of scientific men, have I heard anything quite so insulting as the reference made yesterday to the revered name of Dr. Einstein. As if he would actually be concerned with the trivialities of royalties from the manufacture of photoelectric ceils! Royalties are for tinkerers and garage mechanics. Scientists have nothing to do with such!”

Cogswell coughed behind his hand. “It would seem, Dr. Dykstra, that scientists must also eat.”

“The laborer is worthy of his hire,” said Dykstra, “No genuine scientist ever starved or was in want. He must live sparingly, of course, but a Spartan regimen is all the more conducive to the work of the mind at highest efficiency.

“No, indeed, senator, the true scientist is not in need of royalties. A man who is worth his salt will automatically gain the reputation that will take him where he deserves to go — to the laboratories and to the endowments which are his rightfully, in return for the benefit he bestows so freely upon all mankind. Bestows without thought of the vulgar commercialism which we see here being attempted to be thrust upon us.”

In the afternoon, Jennings was called. His spare, sticklike frame settled awkwardly into the witness chair. An amused tolerance was upon his face.

“I would prefer to answer your questions,” he said. “There is no general statement I have to make beyond what has already been said.”

Cogswell said, “What can you tell us, Dr. Jennings, of the allegedly revolutionary principles behind these toys of Dr. Nagle?”

“I can tell you nothing, because I do not know what these principles are,” said Jennings.

“You do not know for certain that Dr. Nagle has actually made the discoveries claimed for him and by him?”

“I am certain. I am very certain that they exist. I am certain that this Volcano which you have there on the table is symbolical of perhaps the most revolutionary discoveries since those that led to the release of atomic energy. Proper utilization of the principles symbolized there would no doubt lead to transmutation of the elements with the simplicity of ordinary chemical reactions. It is difficult to estimate the value of the discovery.”

“And yet you tell us you do not know what the principle is,” said Cogswell. “It appears that the scientific mind runs in channels far removed from the reasoning of ordinary individuals.”

“No, that's a very ordinary channel of thinking — or should be, anyway,” said Jennings. “It simply means that I know the abilities of Martin Nagle. I know him. I trust him. If he says it is so, then I believe that his symbology is based upon actual fact.”

“Well, if you are so convinced of the existence of these discoveries, what is your opinion of Dr. Nagle’s contention that he is entitled to patent protection upon them?”

“I think he is entirely correct in his demands,” said Jennings.

“And these unknown principles would be classified, patent-wise, as Laws of Nature?”

“Yes.”

“If this is the case, why have they not been exposed by others of your profession? Is this symbology not sufficiently understandable to be deciphered? Do you acknowledge that, as Dr. Nagle says, no one else is smart enough to figure these things out for another hundred years? Or do you have another unwritten code — one forbidding you to try?”

Jennings smiled wryly. “Dr. Nagle didn’t say that, but we’ll let it pass. We have no code, either. On the contrary, there is scarcely a scientist in the country who has not tried to crack these three gimmicks of Mart’s since he put them on the market. I know of only one man who has made any partial success of the attempt.”

“Can you give any reason for this lack of success? Is Dr. Nagle truly the singular genius he appears?”

“He’s a singular genius, all right, but not in the way he appears,” said Jennings with a laugh. “To answer your question, I suspect there are certain traditional ways of finding out things that are wholly wrong in their approach. I believe Dr. Nagle has abandoned these and has devised for himself new methods to find basic knowledge.”

“And you would say, I suppose, that this Committee should recommend amendments to the Patent Laws permitting Dr. Nagle to obtain patents on Laws of Nature?”

"Indeed I would!” said Jennings.