The Wright Brothers vs. Curtiss: A Conflict over Aviation Intellectual Property
1. Introduction
The Wright brothers are credited with inventing and building the world’s first successful powered airplane and making the first controlled, powered and sustained heavier-than-air human flights on December 17, 1903. They were two of seven children born to Milton Wright (1828–1917), of English and Dutch ancestry, and Susan Catherine Koerner (1831–1889), of German and Swiss ancestry. The Wright brothers’ father, who was a bishop in the Church of the United Brethren in Christ, met their mother while she was a student at Otterbein University.
The Wright brothers had conflicting views on intellectual property rights and each took a different path when it came to prosecuting infringers. In 1909, Wilbur Wright sued Glenn Curtiss for patent infringement; however, Curtiss successfully argued that the Wright brothers’ patent was not valid. The ensuing legal battle lasted until 1913 and is known as the “Curtiss-Wright Controversy”. This conflict set a precedent in American aviation that companies engaged in research and development should be able to freely use each other’s ideas. The conflict also contributed to the deterioration of the relationship between the Wright brothers and Curtiss.
2. The disagreement between the Wright and AEA
The disagreement between the Wright brothers and AEA was brought about since the AEA used the Wrights designs for their own purposes without permission. The AEA was formed by Alexander Graham Bell, who was an enthusiastic supporter of aviation. He recruited some of the best minds of his generation to join him in his quest to build a flying machine, including Chanute, Herring, Stringfellow, Maxim and Langley. The Wrights were not part of the AEA, but they corresponded with some of its members and shared their ideas freely.
The AEA built a series of aircraft based on the Wrights’ designs, but they made modifications without consulting or informing the Wrights. In particular, Curtiss made significant changes to the Wrights’ design for his own aircraft, which he then sold commercially. The Wrights believed that Curtiss was infringing on their patent and they sued him for infringement in 1909.
3. The use of Wright designs by Curtiss for his pecuniary gains
The use of Wright designs by Curtiss was one of the main reasons for the conflict between the two parties. Curtiss made several modifications to the Wrights’ design, which he then used for his own commercial purposes. One of the most significant changes made by Curtiss was the addition of ailerons to his aircraft. Ailerons are control surfaces that are attached to the wingtips and are used to bank an aircraft during turns. Prior to Curtiss’ addition of ailerons, all aircraft used wing-warping to turn, which was a much less effective method.
Curtiss also added an elevator to his aircraft, which is a control surface that is used to pitch an aircraft up or down. The elevator allows an aircraft to climb or descend without losing altitude or airspeed, which is essential for controlled flight. prior to Curtiss’ addition of an elevator, all aircraft used a weight-shift control system, which was much less effective.
In addition to these changes, Curtiss also made numerous other changes to the Wrights’ design, such as adding wheels instead of skids for landing, adding a rudder, and increasing the size of the engine. Curtiss made all of these changes without consulting or informing the Wrights, which they believed was an infringement on their patent.
4. The conflict between the Wright brothers and Curtiss
The conflict between the Wright brothers and Curtiss began in 1909 when the Wright brothers sued Curtiss for infringement. The suit was based on the fact that Curtiss had made numerous changes to the Wrights’ design without permission. In his defense, Curtiss argued that the Wrights’ patent was not valid because it did not include all of the essential elements of a flying machine. Curtiss also argued that he had made significant improvements to the Wrights’ design and that these improvements were not covered by the patent.
The trial lasted for four years and ended in 1913 with a ruling in favor of Curtiss. The ruling stated that the Wrights’ patent was not valid because it did not cover all of the essential elements of a flying machine. The ruling also stated that Curtiss had made significant improvements to the Wrights’ design and that these improvements were not covered by the patent.
The ruling in favor of Curtiss was a major setback for the Wright brothers. They appealed the ruling, but their appeal was rejected. The rejection of their appeal meant that other companies were now free to use their ideas without permission or compensation. This ruling also contributed to the deterioration of the relationship between the Wright brothers and Curtiss.
5. The resolution of the conflict
The conflict between the Wright brothers and Curtiss was resolved in 1913 with a ruling in favor of Curtiss. The ruling stated that the Wrights’ patent was not valid because it did not include all of the essential elements of a flying machine. The ruling also stated that Curtiss had made significant improvements to the Wrights’ design and that these improvements were not covered by the patent.
The resolution of this conflict set a precedent in American aviation that companies engaged in research and development should be able to freely use each other’s ideas. This precedent contributed to the development of the aviation industry in America and led to the growth of many different companies.
6. Conclusion
The conflict between the Wright brothers and AEA was brought about since the AEA used the Wrights designs for their own purposes without permission. The use of Wright designs by Curtiss for his own commercial purposes was one of the main reasons for this conflict. The resolution of this conflict set a precedent in American aviation that companies engaged in research and development should be able to freely use each other’s ideas. This precedent contributed to the development of aviation industry in America.