New-York tribune., 1922-11-19
No Change in
Vacuum Tube
Situati.o N
Expiration of Noted Patent
ON the Fleming Valve
Leaves Conditions Practi-
caIty Unaltered for Public
Audion Patent i'm Force
Only Change Is Right of De
Forest 60 Manufacture
for the Use of Amateurs

The patent on the famous Fleming
valve, which revolutionized radio re-
ception seventeen years ago, has ex-
pired, and so far as it's fundamentals
are concerned any one is at liberty to
manufacture this instrument provided
none of the later Improvement patents
are infringed.
For some time there has been feel
ing among radio fans that the expira-
tion of this much Iitigated patent
would in some way bring about rev.
olutionary change in the vacuum tube
situation SO far as the radio market
was concerned. In view of the wide
spread nature of this belief | have
made careful inquiries into the situa-
tion, and as result, of these inquiries
the following facts can be positively
stated:
First Of all the expiration of the
Fleming patent does not in any way
affect the three element Vacuum tube
patent which still has two years life.
Secondly the situation so far as the
latter is concerned remains practically
unchanged, and consequently there will
not be any decided change so far as
the public is concerned.
There is however one thing brought
about through the expiration of the
Fleming patent that may have slight
effect upon the tube situation bat
which in itself cannot bring about any
revolutionary change, 1t is the fact that
certain rights revert TO DR.. Lee de For
est, inventor of the Audion, or three
element vacuum tube, now that the
Fleming patent no longer exists. These
rights are held by the De Forest Com
pany, but their extent and scope are
so circumscribed by agreements, that
their real value as factor in the gen
oral marketing of vacuum tubes can
not be of very great moment.
During the famous litigation be-
tween the Marconi Wireless Tele-
graph Company and the De Forest
Company, the latter entered into an
agreement with the American Tele-
graph and Telephone Company with
respect to it's audion, some rights to
which were reserved. In the subse-
quent merger which resulted in tho
formation Of the Radio Corporation Of
America, the patents covering the vac
uum tube were pooled by general
agreement, and it is this agreement
entered into at the request Of the gov
erpment-that is still in force.
The rights reserved by the De For
est Company include the use of audions
for the production of synthetic music,
and also the right of the company to
manufacture three element tubes for
amateurs and experimenters. 1t is un-
derstood the latter right will be exer-
cised, but whether it will seriously af-
feet the present situation so far as the
public is concerned appears to be prob
lematical.
Current Litigation
An interesting phase Of the situa-
tion has recently been the subject OF
litigation in the State OF Delaware
where the American Telegraph and
Telephone Company brought action
Myers tube. The latter claimed as
their authorization a letter from DR.
Lee de Forest stating that no action
would be taken by him if they manu-
factured tubes. The court in this
case ruled that the rights of DR.. dc
Forest did not include those of as,
signment. This case is being appealed
Taking these facts into consideration
therefore it can be safely stated thai
there will be no material change in thu
situation so far as tubes are concerned
for the next six months at least. Thu
only possible change that could b,
brought about would be the appear
ance of an improved tube based on tn,
original patents.
No corporation other than those con
n cerned in the general agreement, is a
# liberty to manufacture tubes. The ex
~ act situation is covered by an excerp
from a statement made by Charles Gil
bert, president of the De Forest Com
pany few days ago as follows:
Rights Already Assigned
"Rights 70 manufacture the audiol
and to use it in long distance tele
phone communication as we'll as il
the radio field have been granted unde
the fern Of lease to the Western
Electric Company, which is the manu-
featuring agent of the American Teie
phone and Telegraph Company, on,
also through an exchange of patent
to the following additional companie
General Electric, Westinghouse Cor
porstion and the Radio Corporation
of America"
While the Fleming patent exertes
an important influence upon the de
velopment of radio, it did so becaus,
of the court decisions in the paten
litigation which it aroused. The Flem
sng valve as deteetar became prac
ticaily obsolete several years ago.
For those who are in 3 position t.
manufacture it, the effort would not b.
we'll repaid, because its advantage owe
a crystal detector is not sufficientl.
great to make 1t important, while TIL,
cost would be serious. The Flemini
vaive will not amplify and can only b
used as rectifier. In addition to thi
there are several Improvement patents
which also apply to the three elemen
tube. that prevent any would-be manu-
facturer from turning out really efiic
lent device.
An interesting feature in connectios
with TIE audion is the fact that DR.. d,
Forest leased the rights to manufactur'
>, ene Western Electric Company out
right in 1917, for the payment of I
sum said to be slightly under $5oo.eeo
at that time the possibilities of radis
broadcasting had not dawned, nor was
there any indication of the tremendou'
demand which would be made for tubes
In this respect the Radio Corporation
has q rnontnly production in the neigh
borhood OF 100000 at the present time
A. Gr-x,sr<a Ra1sxs ss.f1S.fa4