The Wright Brothers Patent War - Patent War

Patent War

In 1908, the Wrights warned Glenn Curtiss not to infringe their patent by profiting from flying or selling aircraft that used ailerons. Curtiss refused to pay license fees to the Wrights and sold an airplane to the Aeronautic Society of New York in 1909. The Wrights filed a lawsuit, beginning a years-long legal conflict. They also sued foreign aviators who flew at U.S. exhibitions, including the leading French aviator Louis Paulhan. The Curtiss people derisively suggested that if someone jumped in the air and waved his arms, the Wrights would sue. The brothers' licensed European companies, which owned foreign patents the Wrights had received, sued manufacturers in their countries. The European lawsuits were only partly successful. Despite a pro-Wright ruling in France, legal maneuvering dragged on until the patent expired in 1917. A German court ruled the patent not valid due to prior disclosure in speeches by Wilbur Wright in 1901 and Octave Chanute in 1903. In the U.S. the Wrights made an agreement with the Aero Club of America to license airshows which the Club approved, freeing participating pilots from a legal threat. Promoters of approved shows paid fees to the Wrights. The Wright brothers won their initial case against Curtiss in February 1913, but the decision was appealed.

The brothers wrote to Samuel F Cody in the UK, making a claim that he had infringed their patents but Cody stated that he had used wing-warping on his man-carrying kites before their flights.

The Wrights' preoccupation with the legal issue hindered their development of new aircraft designs, and by 1910 Wright aircraft were inferior to those made by other firms in Europe. Indeed, aviation development in the U.S. was suppressed to such an extent that when the country entered World War I no acceptable American-designed aircraft were available, and U.S. forces were compelled to use French machines.

In January 1914, a U.S. Circuit Court of Appeals upheld the verdict in favor of the Wrights against the Curtiss company, which continued to avoid penalties through legal tactics.

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