When it comes to “who invented what first” in the photographic industry, there is always a lot of discussion when it comes to German patents. For example the idea that the Contax S had the first pentaprism for 35mm SLRs is based on a early patent. But just because a patent existed somewhere didn’t mean that similar technology wasn’t being developed elsewhere in parallel. And concepts don’t always make it to reality.
During the Second World War, German companies often applied for patents in other European countries, such as France and Switzerland. France made somewhat sense, considering it was mostly occupied by Germany during the war. Why this was done is still up for debate, but the end result is that there are often patents for photographic objects which exist outside Germany, but no longer have an associated German patent (for whatever reason). For example, information on the the precursor to the Spiegel-Contax (Contax S) camera, the Syntax, which was designed during the war, is available by means of a French patent FR884054 filed on August 9, 1941. The patent is supposedly based on a German utility patent filed on August 23, 1940, however a search of German patents finds nothing. Is that because it never existed, was never processed, or was lost? (The non-German patents normally identify that they are based on a German patent, however no German patent numbers are provided). It was also possible that during a war economy, only inventions that were important to the war effort were granted, many as so-called “secret” patents.
A patent is only effective within the scope of the respective patent law. Companies therefore register patents abroad in order to protect their inventions there from unauthorized imitation. In most cases during the war, these patents were confiscated. For example with the “Patents, Designs, Copyright and Trade Marks (Emergency) Act, 1939” of September 21, 1939, the British began confiscating enemy patents. Other Allied countries undoubtedly enacted similar laws.
The fate of German patents in the period 1945-1950 is somewhat interesting. According to the German Patent and Trademark Office, in 1944 due to the bombings, large portions of the patent office in Berlin (some 250-320K volumes were moved to the town of Heringen, and stored in a 500m deep potash mine shaft. The town was occupied by U.S. troops on 3 April 1945, and the shaft was located, although the patents were not exactly in great shape, and likely would have disintegrated if brought to the surface. So a team was sent down the mineshaft to microfiche the patents. Other patents were dispersed throughout Germany, and supposedly one set of copies of 180,000 patent applications were taken into eastern Germany where they were later lost by fire. Now the U.S. were actively engaged in tracking down secret documents from the industrial and research community. This involved 17 U.S. industries, and hundreds of civilian investigators. They discovered vacuum tubes made of heavy porcelain, magnetophone tape, and infrared technologies.
Starting in July 1945, U.S. troops seized some 145,000 “non-concluded” patent files. Essentially nearly all the German patents ended up in West Germany, meaning that the companies in East Germany likely no longer had access to the protection of these patents. Quite a number of the patents seized were used to help industries in allied countries. Why were not more photographic patents used? The allied countries really didn’t have the same level of photographic industry as Germany. Most German camera/lens companies actually ended up in the Soviet occupation zone. In addition, it is likely the main company in the Western zone, Leitz, had enough pull to allow it to continue operating.
In addition, from the end of April 1945 until 1 October 1948 there was no facility to file patents, aka the “patent-office-free-period” when no patents could be filed. Germans in the western zones were able to file patents again on 1 October 1948 and the German Patent Office began operations on 1 October 1949. In East Germany, patents could be submitted again on 15 September 1948, and on 6 September 1950, the Office for Inventions and Patents of the GDR was established.
What about the old patents which had basically been neutralized? Well in West Germany, the provisions on the maintenance of old IP rights were covered by the “First Act on the Amendment and Transition of the Provisions in the Field of Industrial Property Protection” of 8 July 1949. A request to maintain the IP rights had to be filed by 30 September 1950. A similar act appeared in East Germany in 1950. An example is one of Zeiss’s patents for pentaprisms from 15.4.1942: “Z 679 IXa/42 h ‘Spiegelprisma mit konstanter Ablenkung’ ” – basically a version of the 1946 Swiss patent, CH241034. It was reapproved on 14 June, 1951 (DE000Z0000679MAZ). Note that the 1942 patent does not appear in the German Patent Office searchable database.
It is therefore possible to find some patents, but others were likely lost in the attempt to save them during the tail end of the war. So the idea of defining who invented something first during the 1940s in Europe, but in particular Germany is very challenging, as noted in my post on Who had the first 35mm SLR with a pentaprism? Having said that it is generally easy to find historic patents from countries like Germany, Switzerland, and France. It is much harder to find them from Italy, or even Belgium.
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