Table of Contents

Knowledge Management and Intellectual Property

Knowledge Management and Intellectual Property

Concepts, Actors and Practices from the Past to the Present

Queen Mary Studies in Intellectual Property series

Edited by Stathis Arapostathis and Graham Dutfield

The book links the practices and regimes of the past with those of contemporary and emerging forms, covering the mid-19th century to the present. The contributors are noted scholars from various disciplines including history of science and technology, intellectual property law, and innovation studies. The chapters offer original perspectives on how proprietary regimes in knowledge production processes have developed as a socio-political phenomenon of modernity, as well as providing an analysis of the way individuals, institutions and techno-sciences interact within this culture.

Chapter 11: Patenting the atom: The controversial management of state secrecy and intellectual property rights in atomic research

Simone Turchetti

Subjects: business and management, knowledge management, innovation and technology, knowledge management, law - academic, intellectual property law

Extract

Does the combined management of state secrecy and intellectual property rights present a fundamental contradiction? This is the impression that one gathers from an analysis of the 1946 U.S. Senate Committee Enquiry on Atomic Energy. During one of the hearings, Robert Lavender, a leading officer of the atom bomb project codenamed Manhattan, reported to the committee’s chairman, Senator Brien McMahon, about the project’s patent policy. The officer informed the bewildered senator and the other befuddled eight commissioners that the details of the most secret wartime discoveries and inventions regarding atomic energy (including those on the atom bomb) were described in patent applications. The revelation unnerved the senator. ‘I didn’t dream, frankly, that there was a patent application down there showing how the bomb was put together,’ he pointed out (Anon., 1946: 11). Lavender’s decision to guard these secrets through conventional means of intellectual property protection seemed to defy the basic principles of security and McMahon wondered if these undisclosed details could fall into the hands of those who regularly visited the Patent Office. Scandalmongers such as the chairman of the U.S. House Committee on Un-American Activities, John Parnell Thomas, readied to attack. From the pages of The American magazine, he accused the director of the U.S. Atomic Energy Commission (AEC), David H. Lilienthal, of letting the Soviets know about America’s atomic secrets by making them accessible at the U.S. Patent Office (Hewlett and Duncan, 1969: 89). Why did Lavender and his assistants file patent applications using classified information concerning the exploitation of atomic energy? Wasn’t it bizarre?

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