The one about David Bowie and the Patent Attorney
4th January 2017
David Bowie was a great innovator, in music, fashion, intellectual property financing, and in other areas. He once played the role of a man who relied on patents to save his family and planet.
In the film ‘The Man Who Fell to Earth’ released in 1976, David Bowie plays the role of Mr Newton, the man who fell to Earth. Mr Newton’s objective is to make enough money on Earth to travel back to his homeland and save his family from drought. He never makes it back. He embarks on a plan to commercialise a number of patentable inventions, that he has brought with him from outer space (an early example of inter-planetary technology transfer). He is hugely successful, but is ultimately floored by the mysterious forces of government and incumbent industry players; he is held for many years without charge nor trial and his captors encourage him to become addicted to alcohol.
At the start of the film, shortly upon arrival on Earth, Mr Newton seeks out Mr Oliver Farnsworth, a patent attorney. Mr Farnsworth is too busy to see Mr Newton in his office and they meet at his home one evening. Mr Newton offers US$1000 an hour; Mr Farnsworth is gracious enough to explain that is well above his normal rates. At Mr Farnsworth’s house, the dialogue is as follows:
David Bowie: I want a lawyer who is well versed in patents, patents
[He pronounces it both ways; no-one knows if one is right, a bit like his surname]
Patent Attorney: …. electronics
DB: Read the file
PA: May I keep it overnight?
DB: I cant leave it, it is not that I don’t trust you …
PA: All right I’ll read it
[The following morning]
PA: I don’t believe it, I cannot believe it, you have nine basic patents, that’s basic patents! Do you know what that means ….?
DB: Yes, I think so
PA: Really? I wonder. It means Mr Newton that you can take [various large corporations] for starters ….
Mr Farnsworth the patent attorney goes on to value the patents at about $300m (about $1.3 billion in today’s money - who says IP is overvalued ….?). Mr Newton offers his patent attorney 10% of net profits and 5% of all corporate holdings to look after everything for him. He gives Mr Farnsworth ‘complete authority’ to run his affairs.
Mr Newton and Mr Farnsworth build a huge business empire on his patents and Mr Newton is about to return home, when he is arrested without charge and held for many years.
During this time, the mysterious Professor Canutti is interviewed on television and explains how it all went wrong:
“Well, as we all know, a giant corporation which had become a household word in this country ran into financial difficulties. The main reason for this is the corporation relied too heavily on the two-headed monster innovation. The American consumer can assimilate only so many new products in a given period of time and then no more.”
Surprisingly, patents are not mentioned any more in the film after the first scene with Mr Farnsworth; they have never really been big box office.
We can read into this many things, depending on our prejudices and sense of humour. We can learn about the client–attorney relationship, the power of patents, the pros and cons of technology transfer, the fear of innovation, inventorship and alcoholism, the power of big business, government forces etc. The film was made 40 years ago.
Best wishes for 2017.
Tom Hockaday
Technology Transfer Innovation
January 2017
In the film ‘The Man Who Fell to Earth’ released in 1976, David Bowie plays the role of Mr Newton, the man who fell to Earth. Mr Newton’s objective is to make enough money on Earth to travel back to his homeland and save his family from drought. He never makes it back. He embarks on a plan to commercialise a number of patentable inventions, that he has brought with him from outer space (an early example of inter-planetary technology transfer). He is hugely successful, but is ultimately floored by the mysterious forces of government and incumbent industry players; he is held for many years without charge nor trial and his captors encourage him to become addicted to alcohol.
At the start of the film, shortly upon arrival on Earth, Mr Newton seeks out Mr Oliver Farnsworth, a patent attorney. Mr Farnsworth is too busy to see Mr Newton in his office and they meet at his home one evening. Mr Newton offers US$1000 an hour; Mr Farnsworth is gracious enough to explain that is well above his normal rates. At Mr Farnsworth’s house, the dialogue is as follows:
David Bowie: I want a lawyer who is well versed in patents, patents
[He pronounces it both ways; no-one knows if one is right, a bit like his surname]
Patent Attorney: …. electronics
DB: Read the file
PA: May I keep it overnight?
DB: I cant leave it, it is not that I don’t trust you …
PA: All right I’ll read it
[The following morning]
PA: I don’t believe it, I cannot believe it, you have nine basic patents, that’s basic patents! Do you know what that means ….?
DB: Yes, I think so
PA: Really? I wonder. It means Mr Newton that you can take [various large corporations] for starters ….
Mr Farnsworth the patent attorney goes on to value the patents at about $300m (about $1.3 billion in today’s money - who says IP is overvalued ….?). Mr Newton offers his patent attorney 10% of net profits and 5% of all corporate holdings to look after everything for him. He gives Mr Farnsworth ‘complete authority’ to run his affairs.
Mr Newton and Mr Farnsworth build a huge business empire on his patents and Mr Newton is about to return home, when he is arrested without charge and held for many years.
During this time, the mysterious Professor Canutti is interviewed on television and explains how it all went wrong:
“Well, as we all know, a giant corporation which had become a household word in this country ran into financial difficulties. The main reason for this is the corporation relied too heavily on the two-headed monster innovation. The American consumer can assimilate only so many new products in a given period of time and then no more.”
Surprisingly, patents are not mentioned any more in the film after the first scene with Mr Farnsworth; they have never really been big box office.
We can read into this many things, depending on our prejudices and sense of humour. We can learn about the client–attorney relationship, the power of patents, the pros and cons of technology transfer, the fear of innovation, inventorship and alcoholism, the power of big business, government forces etc. The film was made 40 years ago.
Best wishes for 2017.
Tom Hockaday
Technology Transfer Innovation
January 2017