The Origins of the Modern Internal Combustion Engine, An Interesting Story of an Innovative Patent Attorney

Are you familiar with George Baldwin Selden? Probably not, but if you are a gearhead or a patent attorney, you should be. After all, he claimed to have invented the compact internal combustion engine, and an automobile powered by the engine. A great article on the subject was published in 2003 via Automotive News.

Capitalizing on his primary profession as a patent attorney, Shelden’s patent, issued on November 5, 1895 as U.S. Patent 549,160 (almost 16.5 years after the application was initially filed). Apparently Shelden, and a later owner of the patent, collected millions of dollars licensing the patent before an epic 8-year battle with Ford brought an end to the gravy-train (and apparently turned Ford into a folk hero).

Sources suggest that after an initial victory for Sheldon, the litigation came to an end after an appeal by Ford, requiring the posting of a $350k bond, was successful based on an argument that the Ford engine used in automobiles was not based on George Brayton’s engine, the engine type that Selden improved, but rather on the Otto engine. I have read that the litigation produced a case record of 14,000 pages, which must have been huge in the early 1900’s.

As is true in virtually any litigation, there was no love lost between the plaintiff and the defendants. In fact, apparently Ford’s testimony included the comment, “It is perfectly safe to say that George Selden has never advanced the automobile industry in a single particular…and it would perhaps be further advanced than it is now if he had never been born.” Ouch!

Patent attorneys will appreciate that the case was cited as an example of abusive patent litigation and led to patent reforms. Sounds familiar?

Check it out.

Gearhead patent attorneys will appreciate that the claims of Shelden’s patent, filed in 1879, look an awful lot like claims today.

It is hard to believe this patent was filed almost 140 years ago! Check out this book if you are interested in the history of Ford.

Dave Dawsey – Automotive Patent Attorney

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David Dawsey

David is an IP attorney with over 17 years of practice whose hobby is reading and writing about technology associated with his other hobbies (and you guessed it – one of those hobbies is anything with an engine or motor, particularly if they are fast). During the day he helps clients protect their inventions and trademarks, guides them through IP clearance and strategy decisions, and undertakes product name development projects and training; while at night he reads patents and patent applications directed to his hobbies, and shares them with you. David is one of the few IP lawyers that is also a registered professional engineer! Feel free to send David a message here.