Anticipate This!™ | Patent and Trademark Law Blog

A Statue for Toulmin.

Posted in General Commentary by Jake Ward on October 10, 2014

A top post at the AT! Blog recently – and one of my favorites over the past several years. Enjoy!

Anticipate This!™ | Patent and Trademark Law Blog

flyer  

In the small city of Springfield, Ohio, now stands an 8-foot statue dedicated to the Wright Brother’s patent attorney, Harry Toulmin.  Mr. Toulmin was the patent lawyer who prepared and prosecuted the patent for Wilbur and Orville Wright’s flying machine . . . yes, the original airplane.

According to this article at Law.com, Toulmin helped the Wright brothers apply for five patents, including the 1906 flying machine’s patent (U.S. Pat. No. 821,393 or the ‘393 patent).  Other Wright patents also include U.S. Pat. Nos. , , , , and ,

The above article fails to mention, however, that the brothers only turned to Toulmin after the original application they had drafted themselves was rejected by the USPTO.  The ‘393 patent drafted by Toulmin had broad claims covering methods of controlling a flying machine, regardless of whetherthe machine was powered.  In particular, the patent described a system that allowed the aircraft to be controlled in flight, and specifically a…

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