In William Frost's Footsteps

William Frost was an inventor from Saundersfoot in Pembrokeshire. He invented a flying machine for which he was granted a patent in 1895. The invention seems to have been a hybrid between a balloon and a winged aircraft. He is reported to have built a prototype that flew some 500 metres in 1896 before it was brought down by a tree (see Phil Carradice Bill Frost - the first man to fly? 20 Oct 2011 BBC website).

I was reminded of Frost by an article in The North Wales Chronicle about a drone called The Green Eagle that identifies weeds and tackles them one by one (see Gaerwen M-SParc’s Green Eagle soars towards net zero agriculture 14 May 2021). According to the article,

"The Green Eagle showcases how artificial intelligence, computer vision and drone technology can accelerate both the farming industry and growth in the Welsh economy. The project was developed to save costs, time, environmental impact, carbon emissions and improve farm safety."

For me, the most interesting part of the project is the combination of drone technology with artificial intelligence, rather like Ingenuity on Mars.

The abstract summarizes Frost's invention as follows:

"The flying machine is propelled into the air by two reversible fans revolving horizontally. When sufficient height is gained, wings are spread and tilted by, means of a lever, causing the machine to float onward and downward. When low enough the lever is reversed causing it to rise upward & onward. When required to stop it the wings are tilted so as to hold against the wind or air and lowered by the reversible fans. The steering is done by a helm. fitted to front of machine."

I can think of no reason why this invention should not have worked. If the prototype was built in accordance with the patent specification, then it clearly did. Frost can therefore be regarded as one of the pioneers of human flight together with the German Otto Lilienthal, the Russian Alexander Mozhaysky and the Wright Brothers of the United States.

Even in 1894, Frost understood the importance of intellectual property. He seems to have filed his own application for no patent attorney's name appears on the patent. The patent specification is a very short document with a drawing and 5 independent claims but it was enough to satisfy the examiner. A patent specification is one of the most difficult legal instruments to draft because the draftsperson has "to disclose the invention in a manner which is clear enough and complete enough for the invention to be performed by a person skilled in the art" while meeting the requirements of novelty, inventiveness and utility while avoiding excluded matter. Also, the claims must be broad enough to achieve economic viability but not so broad as to invite a legal challenge. Nowadays the exercise is carried it by professionals who have trained to a high level in one of the natural sciences, technology or engineering as well as law. Drafting the specification for the flying machine would have been as big an achievement as inventing the machine itself for a builder and carpenter who is unlikely to have received much formal education.

Frost is not thought to have made any money from his invention. According to Bill Frost's Flying Machine, he offered his invention to the War Ministry but officials could see no use for it. Though with the benefit of hindsight we can see many potential uses for his technology none seem to have occurred to Frost at the time. He seems to have had many other interests from music to the chapel of which he was a deacon and, of course, he had a business to run. His invention suffered the fate of many others but at least he did not kill or injure himself in his experiments, unlike Lilienthal. He did not risk bankruptcy, unlike many other independent inventors. He lived to a good age without suffering from obsession, depression or any of the other illnesses from which inventors have been known to suffer.

Modern Welsh inventors enjoy more support and achieve better outcomes. The Menai Science Park which supported the Green Eagle includes the consultancy, BIC Innovation, the law firm, Knox Commercial Solicitors, and specialist accountants IP Tax Solutions among its tenants. On World Intellectual Property Day I chaired a webinar entitled Taking Your Ideas to Market in Wales to which each of those experts contributed as well as Andrew Davies of the Intellectual Property Office, David Wooldridge of the Welsh Government Innovation Team and Alison Orr of Inngot. At least once a quarter I try to give a talk and clinic for businesses in the Science Park and region. Sean Thomas, a patent attorney and inventor as well as native of Ynys M?n, Jonty Gordon, a specialist solicitor and IP insurance broker, Ian Wishart have also contributed. Over the last few years, we have referred work to each other informally. As we are now part of a large network we are about to launch EDGC/NWIP (Eiddo Deallusol Gogledd or Intellectual Property North Wales) on social media.

Anyone wishing to join our network of patent and trade mark attorneys, specialist lawyers, innovation consultants, chartered accountants or other IP practitioners or to use the services of any of our members or contacts should contact me through Linkedin or call me on 020 7404 5252 during normal office hours.