John Seabrook’s “The Flash of Genius” is a great read. Period.
The protagonist Bob Kearns, an inventor with a degree in mechanical engineering from Wayne State University, invented intermittent windshield wipers. The idea came to him in a “flash of genius” while driving his Ford Galaxy on a rainy day in 1962. Wipers in those days had two settings – one for light rain and one for heavy rain. Neither was adequate; there was room for improvement.
The “flash of creative genius” decision originated from a 1941 United States Supreme Court case, Cuno Engineering Corp. v. Automatic Devices Corp. In that case the court decided a cordless automobile cigarette lighted was not patentable because it lacked the characteristics of an invention. Douglas, writing for the majority, stated that “the new device, however useful it may be, must reveal the flash of creative genius, not merely the skill of the calling.”
The Doctrine of Nonobviousness became law in the Patent Act of 1952. The “flash of genius” concept was more-or-less history. The nonobviousness standard basically required that an invention be nonobvious to a person of ordinary skill in the art at the time the invention was made. This is considerably less artsy, although it still leaves room for litigation as evidenced by Kearns’ fight with the auto companies.
Kearns takes on big auto makers in the United States and abroad for infringing on his patent by manufacturing and using intermittent windshield wipers on their automobiles. The fight against these companies in court is his life. Is his family’s life. The story pits the individual against G.M. and tells of the automobile companies’ dominance in Michigan during that era. It was a different time, but the law is relevant and the story is compelling.
Kearns’ story is being made into a movie titled, “Flash of Genius,” starring Greg Kinnear and Lauren Graham. I’ve never seen a patent law movie, so we’ll see how this turns out.