GIGANTIC BLUFF.

Press, Volume LXIII, Issue 19155, 11 November 1927, Page 5

GIGANTIC BLUFF.

-INVENTOR OF THE MOTOR-1 CAR." ANCIENT MOTOR HISTORY. There have been man >' <" torei V nß pn,J„a J connected with tho develop™e„ of the motorcar both in hnrope ami in America .ays a writer in tho -Cape Times"). Amonpt those «m Uonz Daimler, l'cugcot. Panhard, IX Dion'and Delagc, on the Continent: Bunion, Jilpe, Rolls, and Austin n England- and Haynes, Tore. Joy.ChalKnight, and others m Am™ Most of these were men who^ e o £ sponsible for tho successful de*ign am making of motor-cars and w.eie only 1 a secondary way concemcu with 6 The™ was also a third class of pioneers in the motor world who had almost an equal share in tho rapid development which has culminated in the W* cient modern automobile of to-ciaj namelv the ftuanciers and company promoters. Such men as Lawson, Pu Cross, Pennington, and Selden were in this class. These latter pioneers were nor, concerned so much with successful development of the motor-car perhaps, as with the increasing of their own tortunes, hut the fact that they persuaded tho puKlic to put money into tho various companies they promoted, greatly helped the movement- along. The money provided tho wherewithal for experimental work, and even if many of the companies failed miserably, each one in turn performed some pood work in advancing and perfecting'the machine.

George H. Selden. Ono of these men was a bluffer, and made claims which wo now know ho was never in a position to substantiate. The American, George B. Selden, who claimed to bo "Tho Inventor of the Automobile" had by far the greatest effect on the motor-ear .world—in America at least. Strange to, say his prominence is not due to any achievement in invention or manufacture, but to his intimate knowledge of the patent laws of his country. Selden. who was a clever patent" agent and attorney, one day announced that he was' "the inventor of the "motor-car." He claimed ownership of an American master patent which covered the whole mechanism of the car. His patent was dated November oth, 1895. His first application for the patent was put in on May Bth, 1879. This was 10 years before the patent was finally granted, but owing to clever manipulation he was able to delay the granting of the final papers until the time suited him. None but a very clever attorney could have worked the thing out in such a marvellous manner, for when it was finally granted it should have been almost on the point of oxpiration. He had been shrewd enough to take advantage of the legal delays accorded by the laws of his country, until he considered tho motor industry ripe to bear the fruit he so patiently awaited. An examination showed that the patent was of an exceptionally sweeping nature. One of the claims in the specification was as follows: "The combination with a road locomotive, provided with suitable running gear, including a propelling wheel and steering mechanism, of a liquid hydrocarbon engine of the compression type, comprising, one or more cylinders, "a suitable liquid fuel receptacle, a power shaft connected with and arranged to run faster than the propelling wheel, an intermediate clutch or disconnecting device, and n suitable carriage body, adapted to the conveyance of persons and goods substantially described."

His Business Methods. Selden got into touch with # a man called Day, who was the president oi an electric vehicle manufacturing company, und after a thorough investigation of the patent, the latter came to the conclusion that it was perfectly valid and in order. In fact, he thought so much of it that he financed it and bought a large interest in it. The controlling company which was then formed commenced proceedings against one of the largest manufacturers of m°*°rcars and won their case, in which they claimed that the latter had infringed the Selden master patents. After much litigation, counter-claims, and costly law actions, the Judge who tried th 9 case held that the patent was nerfectly valid, and that the Winton Company against whom the first claim was made had infringed it. Other manufacturers who had up to that time been rather sceptical with regard to the value of the patent, then changed their minds and began to shako in their shoes for fear of also being involved in an action for infringement No doubt Selden could have sued them all, but. like the wily old bird lip was. be preferred to form a trust of 1G of the lending motor-car manufacturers in America. Tho members of this trust agreed to pay -a rovalty of Ij per cent, upon all their sales.

European Intervention. So far the holders of the patent were the masters of the field, and it was not until several French syid other foreign firms began to feel the irksomeness of having to" pay patent rights on a gigantic bluff that the matter was again contested. It- is curious to note that Ford, who had started the Ford Motor. Company at Detroit, stated in public that 'Hie did not care a scrap for the patent holders." _ He did not make any secret of his intentions to make a fight to the bitter end. A number of European firms also informed the holders that they were prepnred to contest an action,, and so what was known as the "Selden patent case" was fought out by Ford, backed bv French and other interests with almost inexhaustible capital behind them. Altogether the first"case lasted six years, judgment again being given in Seidell's favour in 1909.

Undismayed by this decision, .the defendants appealed against this judgment in order that the case should come before the highest Court of Justice, and experts were brought over from England at enormous expense. It was not till January. 1011. that final judgment was given in favour ot the defendants, without appeal, that the previous\iudgment was quashed. Thus came to an end one of the most important patent actions in connexion with the world's motor industry.

Cause of the Failure. It is of interest to note that the action failed because in his final >peci-m-ation of ls9o Selden had only claimed the invention of an engine working on an old-fashioned two-stroke cycle. Here, in spite of his cleverness, Se - den made his great mistake, for although such engines were the latest of their kind in 1879, by the year 1890 they had been superseded by fourstroke cycle engines. Another point against Selden was the fact that, although his original specification was not lodged till 1879, the two-stroke cycle engine mentioned had really.

been developed six or seven years earlier, so that no patent could be claimed for it. . . Unfortunately this litigation kept back the development of the motor-car in America at least, for firms did not care to launch out into big business with the fear of litigation banging over them. The great motor. vehicle movement which commenced in I9ii and 1912 was in part due to the trnai settling of this action. Selden was a wonderful and a clerer bluffer, but like a good,many others or his tvpe he failed to consider every possible loophole, and so his bluff eventually fell through.