Planet Money – "The Invention Invention"
Host: NPR (Sam Yellowhorse Kessler & Erica Barras)
Date: February 11, 2026
Episode Overview
This episode explores how collaboration among inventors shapes the technology we use—focusing on the legal frameworks that allow inventors and companies to work together rather than undermine each other. Using the story of the MPEG video standard and its inventor, Leonardo Chiariglione, as a jumping-off point, the hosts trace the history of the "patent pool"—an invention-sharing arrangement that enables widespread technological adoption—back to the 19th-century Singer sewing machine. The episode delves into the tension between collaboration and collusion, legal roadblocks like antitrust laws, and how modern tech standards emerged from this legacy.
Key Discussion Points and Insights
1. Leonardo Chiariglione and the Creation of MPEG
- [01:13] The episode opens with Italian inventor Leonardo Chiariglione, who set out in the 1980s to create a way for video files to be shared easily and efficiently.
- The challenge: Digital video files were enormous; one hour of TV could require “100 hard disks” [03:01].
- Leonardo’s vision: “I want a world where everybody can talk with everybody else.” [02:15]
- Solution: MPEG—a new file format that could efficiently compress video, akin to JPEG for images or MP3 for audio.
2. Defining Invention and the Importance of Standards
- [03:46] MPEG’s widespread adoption required multiple electronics companies to agree to a common video format, but getting everyone to agree is difficult.
- Discussion raises the central question: When is collaboration between companies legal, and when is it illegal collusion (antitrust violation)?
3. Patent Thickets and the Birth of Patent Pools – The Singer Sewing Machine Story
- [07:33-16:39] The story shifts to the Singer sewing machine and Isaac Singer—a colorful, controversial inventor in the 19th century.
- “He was described by some people as an irascible scoundrel. He had a violent temper.” – Michael Mattioli [08:22]
- Patent wars: Multiple inventors hold patents on different parts of the sewing machine, resulting in lawsuits, industry stagnation, and innovation gridlock.
- “Singer had to make a closet to store all of his legal files.” [13:07]
- The solution: A lawyer, Orlando B. Potter, suggests pooling patents—combining complementary (not competing) inventions so all can use them and share profits.
- The first American patent pool—“the sewing machine combination” (1856)—becomes a model for future tech collaboration.
4. The Rise, Fall, and Risks of Patent Pools
- Patent pools fuel innovation in industries from steel to agriculture to automobiles and radio [15:55-16:39].
- But as pools became powerful—sometimes too powerful—they raised fears of collusion, cartel behavior, and market domination.
- Gob Feeder glass machine example: Four companies collude through a patent pool, leading to a Supreme Court antitrust case [17:32-19:07].
- “Justice Hugo Black wrote that it’s the most completely successful economic tyranny over any field of industry.” [18:59]
- Key rule emerges: To pool patents, companies must behave in ways that are “fair, reasonable, and non-discriminatory”—becoming the FRAND principle [19:17].
5. Patent Pools Go Dormant
- [20:05] In the 1970s, a new antitrust mood descends: “The Department of Justice wanted to break up anything that even resembled a monopoly… People basically stopped forming patent pools in the 1970s.”
6. The Rebirth: MPEG’s Modern Patent Pool
- [22:21-29:44] By the 80s and 90s, as tech (and MPEG) requires mass collaboration, the need for patent pools resurges.
- Legal challenge: How can companies collaborate without violating antitrust law?
- Enter Ken Rubenstein, MPEG’s lawyer:
“I evolved into the umpire who got called the balls and strikes on essential, not essential for patents.” [26:00]
- Enter Ken Rubenstein, MPEG’s lawyer:
- Process: Lawyers ensure only essential and complementary patents are included; pool is open and non-discriminatory; companies address DOJ’s antitrust concerns proactively.
- The crucial step: MPEG’s team asks the US Justice Department for permission, demonstrating transparency and public benefit [27:30].
- “We got the letter approved, I think it was in 1997.” – Ken Rubenstein [28:07]
7. Patent Pools Today: Foundation for Modern Technology
- With regulatory blessing, MPEG’s patent pool becomes the blueprint for other tech: Bluetooth (1997), DVDs (1998/99), 3G phones (2001), and more [28:46-29:13].
- “How many things would you say today you have touched that have involved a patent pool in some way?” [29:17]
- “My smartphone, the tablet that I'm using, the desktop. So, yeah, we're surrounded by patents that are parts of pools.” – Michael Mattioli [29:24]
8. Collaboration vs. Competition: Rethinking the Inventor Hero Narrative
- The episode challenges the “lone genius” myth (Edison vs. Tesla, Jobs vs. Gates), highlighting the importance of collective invention.
- “They’re stories about the power of cooperation over the ambition of an individual.” – Michael Mattioli [30:03]
- “When patent pools are working, they’re sort of this line in the sand that separates collaboration and collusion.” [30:41]
Notable Quotes & Memorable Moments
- On invention and legacy:
“As long as I am alive, I am the only one that can describe myself.” – Leonardo Chiariglione [01:47] - About the impact of the sewing machine patent pool:
“Millions of machines would end up being sold. It opened up an entire world of manufacturing.” [14:44] - Summing up the social value of patent pools:
“…sometimes it’s possible for competitors to realize that the best thing for all of them is to cooperate.” – Michael Mattioli [30:36] - On everyday life:
“Just in the course of setting up this call, I touched at least five things that involved a patent.” – Michael Mattioli [29:24]
Timed Segment Highlights
- [01:13] – Introduction of Leonardo Chiariglione and MPEG’s origins
- [07:33] – Patent wars and the Singer sewing machine story begins
- [13:11] – Patent thickets and the invention of the patent pool
- [14:44] – Birth of the "sewing machine combination" patent pool
- [15:55] – Proliferation of patent pools across industries
- [17:32] – The gob feeder case shows risk of collusion in pools
- [19:17] – Emergence of “fair, reasonable, non-discriminatory” (FRAND)
- [20:05] – Antitrust backlash, nine “no-nos,” and the death of pools in the 1970s
- [22:21] – Computers, MPEG, and the necessity of collaboration in new tech
- [24:43] – Lawyers use the Singer precedent to justify re-forming patent pools
- [27:30] – The letter to the DOJ, regulatory approval, and patent pool revival
- [28:46] – Modern patent pools enable standards like Bluetooth, DVDs, 3G
- [29:24] – Recognizing how patent pools shape everyday devices
- [30:03] – Reflection on the inventiveness of cooperation versus lone genius
Tone & Style
The episode is lighthearted, story-driven, and conversational, blending historical anecdotes, technical explanations, and playful banter. It’s both accessible for non-experts and insightful for those interested in how legal frameworks underlie the everyday technology landscape.
Summary Takeaway
The episode reveals that the technology we rely on—from sewing machines to smartphones—exists not because of lone geniuses acting in isolation, but because inventors and companies have learned (with some legal nudging) how to work together. The modern patent pool, born from the chaos of 19th-century innovation and reborn in the tech age, straddles the boundary between necessary cooperation and illegal collusion—creating a world where innovation is built on shared foundations.
