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!”