February 21, 2016

Tribute to Einstein: Relativity and Patents

Dr. Maya Shmailov,
Dr. Maya Shmailov

Reinhold Cohn & Partners
Print The year 2015 celebrated the 100th anniversary of one of the most important physics papers of all time. On November 25, 1915, Albert Einstein set down the famous field equations of what later became known as the General Relativity or the General Theory of Relativity. This theory, which transformed our understanding of space and time, describes how matter and energy distort the geometry of the cosmos to produce what we refer to as gravity. This theory of General Relativity, which explains all gravitational phenomena, withstood the tests of scientific validity for the past 100 years and is now an undisputed law of nature. Albert Einstein has also lesser know facets, in particular his ties to the patent world, which will be briefly overviewed in this article.

Einstein began his professional career, before becoming a world renown physicist, as an examiner at the Swiss Patent office in Bern, where he conceived and developed his special theory of relativity (including the most famours physics formula of all time – E=mc2) while watching trains and clocks from his window in room 86, on the third floor of the Federal Patent Office building on the corner of the Speichergasse and the Genfergasse. His employment there began in July 1902, initially as level III technical assistant and later as Level II assistant and ended in 1909 when receiving his first academic employment as an assistant professor. His employment at the Federal Patent Office in room 86, on the third floor of the building is said to have stimulated his natural tendency to critique. But beyond providing him with a steady income, a profession and enough time to invest in his scientific research, this position also equipped him with a broad understanding of the patent system.

This understanding equipped Einstein with the proficiency to act as an expert witness in many patent disputes. His work at the Swiss Patent Office may have also influenced his entrepreneurial spirit that pushed him into the exploration of uncharted scientific wilderness with a priori slim chances for success. One should add that the entrepreneurial tendency in Albert Einstein might very well have also been passed down from his father Hermann who jointly with Albert’s uncle Jacob, established the J. Einstein & Co. company in Munich in the end of the 19th century that invested in developments of technologies related to the then emerging electrical industry, many of which were protected through patents under the then newly introduced (1877) patent system in Germany. 

Einstein was an inventor in about 50 patents over his life time, many of them in collaborations with others, primarily with in collaborations of prolific inventors by their own right, the young physicist Leo Szilard, radiologist Gustav Bucky and engineer Rudolf Goldschmidt. While some of the patents were submitted and registered only in Europe (e.g. Austria, Germany and Switzerland), Einstein who understood from his Patent Office time the importance of protecting intellectual property rights was careful to register many of them also in countries outside of Europe. Although none of his inventions ever became a consumer product, several patents were licensed to industry giants such as AEG, Siemens and General Electric. 

While Einstein is and will be remembered to eternity as one of the world’s great scientist with a second to none contribution to scientific development, he should also be remembered as a prolific inventor and entrepreneur who contributed to technological progress.

This article is provided for general information only. It is not intended as legal advice or opinion and cannot be relied upon as such. Advice on specific matters may be provided by our group’s attorneys.

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