Don't patent Bessler's wheel!

Over the years I have questioned the prudence of patenting an invention such as Bessler's wheel. After much deliberation I eventually came to the conclusion that if I was fortunate enough to succeed in building my own version of the wheel, I wouldn't patent it.

I know the subject has been discussed numerous times on the besslerwheel forum and I'm aware of the current opinions being aired, but I was delighted to receive an email from a regular correspondent who directed my attention to a book called, "DON’T File a Patent!" by John D. Smith (Smith Press, 200 pages, $24.95) . I'm not saying I agree with the bombastic tone of the chapter headings and I haven't even read the book, but the concept struck a chord with me and I was pleased to note that I am not alone in questioning the validity of the argument that the right course is, necessarily, to patent.

Some people have ascribed my decision not to patent, to ethical or moral values, but that is not the whole picture. I do in fact believe that this particular invention, if it were successful, should be freely available and without let or hindrance (by which I mean,without anyone or any organisation, having the right to prevent anyone else from building, using, selling or in any other way benefiting from it, however they wish.)

No, there are other reasons why I am sceptical of patenting. One is that in the first place it is costly - enormously so.  Yes of course I know that the costs of such an invention could be recouped a million times over, but this is a cost that grows with time, as you try to cover international patents and their annual fees.  The sheer amount of paperwork would be more than enough to defeat my enthusiasm.  But it is not the cost alone which causes me concern.

There is the policing of the patent. No patent office bothers to protect your patent, they only issue them. You have to consider whether it is worth taking every infringement to court; such an invention will attract every fly-by-night operator in the world, every far Eastern fabricating engineer trying to make a living; every one, in fact, who is looking for ways and means of feeding his family. Would you wish to act against everyone of them? A patent won't protect you against these. You might decide to just take legal action against the big boys but they will have done their homework and even if you win, you will have spent time and money you'd rather not and maybe you won't win.

But there is one more issue concerning infringement which I believe has not been considered or if it has, it has been ignored, and that is the psychological and physical impact experienced in defending your patent; no one seems to consider patent infrinegements other than as a legal challenge but I know, for myself at least, that it would be very distressing and also alarming and irritating to fight a continual battle against those who would try to circumvent your patent.

But these issues are nothing compared to the distinct possibility that your concerned government might see fit to step in and forbid your patent, and tie you up in legal bonds which would prevent you even talking about your device. Then where would the value of your patent lie? The important thing to consider is this; you apply for a patent to protect your invention, and presumably you do this for one or two reasons. Firstly you want to earn some money to secure you and your family's future; nothing wrong in that. Secondly you wish to preserve some control over how it is used. Again a reasonable intent. But if you lose the patent through governent inteference, where's the security in that? Who would control it then? It seems to me that if there is even the slightest possibility of that happening, then you must forget patenting your invention.

So it's no to patenting Bessler's wheel - what then? You publish the details of how it works through newspapers, TV and of course the intenet. There will be enough interest generated to make many of the world's media companies rush to your door and make attractive financial offers to you for your story. This prospect might not seem desirable but do you think that, even in the case where you did apply for and did receive a patent, and the governments around the world welcomed it with open arms, that the media won't make the same concerted rush for your door? Of course they will.

So if you are lucky enough to have to make a choice, my advice would be to give it away and let market forces do their thing. 

JC