You've probably never
heard of Corliss Orville Burandt. I certainly
hadn't, until someone dropped a 10-page fax on my desk that
Burandt had sent in response to last year's IEEE Spectrum
article "Top Ten Tech Cars," which featured several hybrid
electric cars.
In that fax, Burandt claimed that almost all hybrid cars on the market
incorporate a version of his patented invention, and more
faxes followed, with the documentation to back up his assertions.
Burandt's patent was for a method called variable valve timing,
which controls how long the fuel and air intake valves on
an engine's combustion cylinders stay open, changing the rate
of combustion according to engine speed and load. His invention
also employs a detonation sensor inside each cylinder of a
car engine to help control how much air and fuel mix together
during combustion. The technology optimizes fuel burn rates
so the engine works as efficiently as possible, constantly
adjusting to the prevailing operating conditions. That adjustment
is important in hybrid cars, because it helps the engine shift
smoothly between electric and gasoline modes of operation.
Alec Soth/Magnum Photos
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Burandt says he thought he was on his way to becoming a millionaire
when, in 2002, he discovered that Honda's Intelligent VTEC
engine used a technique that he believes is identical to that
described in his U.S. Patent No. 4961406, issued on 9 October
1990. He also claims that four other major auto companies have recently filed for patents
on concepts that would infringe his patents. With his patents
in hand, he thought he could force the world's largest carmakers
to pay him royalties for his idea.
"I lost my house, everything....I was declared crazy.
It says right on my papers, 'obsessive-compulsive behavior associated with
engine patents.'"
But there were two problems. Burandt didn't own the patent,
and Investment Rarities Inc., in Minneapolis—which
had initially provided funds to develop Burandt's inventions—had
failed to pay the U.S. Patent and Trademark Office approximately
US $40 000 in maintenance fees that were due on the 12
patents Burandt had assigned to the company in exchange
for funding. Because no one had paid the maintenance fees,
which are due 3-1/2, 7-1/2, and 11-1/2 years after a patent
is issued, all 12 patents had expired and entered the public
domain.
Burandt and I stayed in touch off and on for about a year. Despite
a decade of poverty and transient living situations—for
a time Burandt was homeless—he and his better-off friends
managed to preserve a prototype of his invention, housed in
a sky-blue 1965 Chevrolet Corvair sitting in the garage of
an auto shop in the Minneapolis exurb of Ham Lake.
I visited Burandt and the Corvair at the shop the day before Christmas
Eve. Burandt was dressed in a black leather vest over a paisley
shirt and black jeans. His sleepy gray eyes would occasionally
flutter shut as if he were in a trance. He greeted me with
a hearty handshake and immediately started into his story.
His dream, he told me, was to have car engines communicate
with satellites that would calibrate the engine to operate
at optimum efficiency depending on where you were driving.
The big automakers were interested, and he and his team were
doing car-and-pony shows and some consulting work in Detroit
throughout the early 1980s.
"At that time, we had so much money that we had several professional
people to transport the car, and I think, for lack of a better
word, I had my own personal attendant," Burandt recalls with
a wistful smile.
He was eating in fine restaurants, talking with top executives at
big automakers, and turning down multimillion-dollar offers
to develop engines for the likes of General Motors Corp.,
all because, he says, Investment Rarities thought it could
get more money. He believed then, as he believes now, that
his invention could change the world for the better—cheaper
and cleaner cars, a better environment—by using his variable
valve technology on two-valve-per-cylinder engines (engines
can have between two and eight valves per cylinder, depending
on the design). Burandt estimates this setup would reduce
the amount of moving parts in a cylinder head by 50 percent.
But when Investment Rarities' primary business—gold trading—went
south in the late 1980s, the company dropped Burandt and his
patents. "We spent a lot of money trying to market the patents
to automakers," Tom Stock, controller at Investment Rarities,
said in a phone interview. "And other than some of the test
platforms we ended up selling, we got a lot of rejection letters
on it, and it got to the point where we couldn't hang on to
anything other than our core business."
Without a backer, the technology Burandt had worked so hard to create
sat idle, fodder for other inventors who subsequently cited
one or another of his 12 patents as prior art for their own
inventions—66 times so far, by Burandt's count. But nothing
tangible was being made with his patents, certainly not any money.
"I lost my house, everything. I lived in that car," Burandt says,
gesturing toward the garage where the Corvair sat. "That was
my address, that's how far I went down the tubes. I started
having some stress-related health problems, and I was declared
crazy. It says right on my papers, 'obsessive-compulsive behavior
associated with engine patents.'"
The annals of technology are filled with stories about inventors whose
epic struggles over their inventions drive them over the edge.
Some take their own lives, such as FM radio pioneer Edwin
Armstrong and eponymous engine inventor Rudolph Diesel, with
whom Burandt strongly identifies. Others manage to function
at a high level while indulging their demons, such as Nikola
Tesla, who, like Burandt, suffered from obsessive-compulsive
disorder.
Burandt's
obsession seems to go beyond the merely clinical; he lives
for the variable valve mechanism and through
it. When, after over an hour of conversation, I asked to see
the prototype, his medicated eyes sparkled to life and, like
a kid on Christmas morning, he bounded through the door leading
from the shop office to the garage and showed me the modified
Corvair.
He controlled this rusty heap's engine with a toy-car radio controller,
circa 1975. Sure enough, even though he had not fired up the
engine in over a year, it revved up, revved down, idled, and
conked out, depending on how Burandt toggled the controller.
Whether or not this device really could have been Burandt's
ticket to the good life is a moot point now, because without
a valid patent, all Burandt has are his dreams of what might
have been.
While Burandt's case has its own special circumstances, a patent
lawyer I spoke with emphasized that the same thing could happen
to any inventor. According to Steven J. Frank, a partner at
Goodwin Procter LLP, in Boston, the key thing for inventors
to remember when dealing with development partners is not
to assign the patent, as Burandt did, but instead to give
the partner an exclusive license. That way the inventor maintains
control over the invention, can monitor and ensure payment
of maintenance fees, and can work language into the contract
that stipulates that the exclusive license can be terminated
if the licensee does not make a reasonable effort to commercialize
the technology.
Alec Soth/Magnum Photos
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Driven::
Inventor Corliss Orville Burandt and his Corvair, modified with a variable-valve-timing engine.
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As it happens, the fate that befell Burandt's patents awaits the
majority of patents. A study conducted last year by Kimberly
A. Moore, a professor at George Mason University School of
Law in Arlington, Va., found that almost 54 percent of all
issued patents expire due to nonpayment of maintenance fees.
As for Burandt, odds are he'll never make a dime off his expired
patents, even though he managed to get Investment Rarities
to assign the patents back to him in 2002. Because the company
intentionally let the maintenance fees go unpaid well beyond
the 30-month grace period, Burandt owns a worthless piece
of paper.
For his part, Burandt says he believes that maintenance fees are a
tax on the small inventor like himself, someone who can't
afford to pay for something he believes he has already earned
by virtue of having had the patent granted—that is, a
limited monopoly on the technology.
"Maintenance fees are a capitalist tool for driving small people out of
business. And the small guy, in my opinion, is always the
guy who gets us five years ahead," Burandt said to me as I
headed for the door. "That's what the patent deal does for
society: the sooner we get something birthed and into the
incubation period, the greater the potential to capitalize
on the large-scale employment we can derive from it. So we
need the guys birthing, and we need to help keep them alive
by abolishing maintenance fees."
I drove away from the auto shop, past tornado-bait trailer parks cheek
by jowl with giant strip malls filled with last-minute holiday
shoppers. I realized then how appropriate it was that I hadn't
met Burandt wherever it was he lived now or taken him out
for lunch or seen him anywhere but at the garage. The garage
is where Burandt really lives, even when his body is sleeping
somewhere else.