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Invalid patent provides multiple lessons

From a guy who recognizes a screw-up when he sees one, let me tell you about a monumental screw-up.

Back in the late 1800s, a fella named Hymen Lipman saw a way to cash in on other people’s mistakes. He could see clerks and such were using pencils because it was a headache trying to correct errors written in ink. If you went wrong using a pencil, there was no muss, no fuss straightening it out. You simply put down your writing instrument, erase the error and resume. But writing on the run was a problem. If you made a mistake while standing on a dock or in a railway car, etc., you had to put your pencil behind your ear, scrounge around in your pocket for the eraser, clean up the error, replace the eraser, retrieve the pencil and carry on. Why not integrate the pencil and eraser into one instrument? You’d always have your eraser on hand and you wouldn’t have to slow down much to make your correction.

Hymen rightly calculated that everyone makes mistakes and people don’t like to waste a lot of time getting back on track. He knew they’d pay a premium for speedy convenience. So, he applied for a patent on the pencil with eraser attached to the end. The U.S. patent office granted Hymen’s application and his instrument took the writing world by storm.

In 1862 — four years after the patent was issued — Joseph Reckendorfer paid Hymen an astounding $100,000 to purchase the patent on this “invention.” Obviously there’s big money in making it easier for people to undo their screw-ups.

At the time, the Faber family of Germany was expanding its pencil manufacturing business to markets throughout the Western world. Faber liked the integrated eraser idea, so they started manufacturing such instruments of their own.

Reckendorfer sued for patent infringement. If Faber customers were correcting mistakes with an integrated eraser, Reckendorfer wanted a share of these error corrections.

The case went all the way to the U.S. Supreme Court. Here’s how they ruled: The patent office screwed up. The patent never should have been issued. Lipman’s “invention” was actually no more than a combination of two known instruments and the combination provided no new use.

So, Reckendorfer had to choke down the fact he paid $100,000 for a worthless patent which, no doubt, was printed in ink. History is silent as to whether the government employees who issued the worthless patent ever had any heartburn about it. Don’t get me wrong. I’m sure the folks who fouled up were certain they were doing the right thing. Too bad for Mr. Reckendorfer that history proved them wrong.

Now there are a number of important lessons to be learned in reviewing the anatomy of this particular screw-up. I’ll just highlight a few of them.

First, there’s always someone who will figure out how to turn a profit from someone else’s screw-up. There’s unusually big money in exploiting certain government screw-ups. Ask Mr. Lipman and the Faber family.

Next, in the case of a monumental government screw-up, it’s often hapless members of the business community that pay the price for that error. Ask Mr. Reckendorfer.

And this goes without saying. If you’re not capable enough to know when you’ve made a mistake, all the erasers in the world won’t help you straighten out your screw-ups. Sadly, there are some errors that, once made, can’t be undone no matter how much you wish you could simply clean the slate and start over.

Now, here’s a quiz. Can you think of any recent monumental screw-ups that could have been avoided if some disciplined minds had judiciously applied some corrective erasures before buckets of ink got poured over a problem? I don’t know, I’m just asking.

Anyway, March 30 was the 152nd anniversary of the day Hymen Lipman registered his invalid patent. For what it’s worth, the first draft of this column was written with a Faber pencil — integrated eraser, of course.

I hope everybody has a wonderful April Fools’ Day.

I’m Hink and I’ll see ya.