At that time, the U.S. Patent Office had begun to receive a flood of patent applications for aerial craft of all descriptions, real and imagined, and had adopted a policy of only approving applications for inventions involving flying machines if the benchmark of "practicality" could be met and demonstrated.
On January 14, 1904, Wilbur Wright wrote to Toulmin for an appointment for advice and assistance with filing a new application.
Toulmin was confident that he could use the original application as a starting point for a broad, airtight patent that would protect the brothers' invention.
Based on Toulmin's direction, the Wrights decided on secrecy until their patent was secured, during which time they continued to work at building a real, practical machine.
After their initial meeting, Wilbur met Toulmin thirteen days later on February 4, 1904 to discuss foreign patent applications, while Orville and Charlie Taylor started constructing three new engines to replace the 1903 engine wrecked beyond repair after the end of the fourth flight of December 17, 1903 at Kitty Hawk.
On June 21, 1907, Orville journeyed to Springfield, Ohio, to consult Toulmin regarding a new patent on a device for maintaining automatic stability in an airplane.
The patent application Toulmin drew up gave the Wrights sole claim to the only system ever devised for the in-air control of a fixed-wing flying machine.
By April 1904, the Wrights' patent had been filed not only in the United States but in Britain, France, Belgium, Germany, Austria, Italy, and, Wilbur wrote, "probably Russia."
[4] Claim 1 of the patent reads: In a flying-machine, a normally flat aeroplane having lateral marginal portions capable of movement to different positions above or below [sic] the normal plane of the body of the aeroplane, such movement being about an axis traverse to the line of flight, whereby said lateral marginal portions may be moved to different angles relative to the normal plane of the body of the aeroplane so as to present to the atmosphere different angles of incidence, and means for so moving said lateral marginal portions, substantially described.
Without a license to the Wright brothers' patent, it was not legally possible to build or fly a controllable airplane in the early 20th century.
Several drawings used for their patent application and correspondence with Katharine Wright and Harry A. Toulmin regarding it are introduced into the record.
All patent litigation ceased automatically and royalties were reduced to one percent and free exchange of inventions and ideas took place among all the airframe builders.
Toulmin was a pioneer patent lawyer who assisted the Wright brothers in the creation of the age of flight.
In honor of the patent's centennial anniversary and the 101st anniversary of the last flight of the 1905 Wright Flyer, commemorative groups in Dayton and Springfield, Ohio on October 5, 2006,[9] distributed a commemorative booklet (see above images) and unveiled the Harry A. Toulmin Sr. Memorial Sculpture on downtown Springfield's Fountain Square, across from the restored Bushnell Building where Toulmin maintained his office.
[10] The 8-foot (2.4 m) sculpture, a bronze work by artist Michael Major,[11] received a ceremonial flyover by a replica of the 1911 Wright model B.
[12] The Bushnell Building is recognized as part of Ohio's National Road Scenic Byway for its being the place where Toulmin helped the Wrights acquire patents for their flying machine.
Five months later, on September 26, 1947, Harry A. Toulmin Jr. resigned as chairman of the board from the Tucker Corporation in a letter to the U.S. Securities and Exchange Commission (SEC).
By the terms of the trust, the balance at the time of Virginia's death was to be transferred to Georgetown University Medical Center in honor of Harry Toulmin Jr.'s grandfather Warwick Evans.
After the death of Margaret McCarty on September 29, 1994, the Toulmin Sr. remainder trust money had grown to a considerable sum.
On April 21, 1996, eighty-two senior representatives of every surviving branch of Theophilus Lindsey Toulmin received a letter addressing the trust and their potential inheritance from Toulmin Sr. By 1997, Virginia had reached the age of 72 and the Georgetown University trust fund grew to $62 million.