FUNDS FOR RESEARCH AND DEVELOPMENT

KEW

DOJ

POST
USDA CIA SVC

NSP

VA

FCC

DOC

EPA ACDA

HUD TREAS TVA DOT

DOI

ERDA

NRC

NASA

ARMY

NAVY

AIR
FORCE

TOTAL

• Postal Service was created August 12, 1970 by Public Law 91-375, and is no longer a Government agency.

Totals do not include CIA figures.

(VIII.A., VIII.A.3.

VIII.A.1 and 2, VIII.A.2. (a), (b), (c) and (d); - Totals]

HEW

TABLE II

COMPARISON AND ANALYSIS OF STATISTICS ON AGENCY PATENT PRACTICES (All figures derived from Table I are totals for FY 70-76)

I have shared your interest in the proposals for revising the federal government's patent policy and have been interested in the hearings that you are conducting before the Senate Select Committee on Small Business.

Of particular concern to me is the need to formulate a new
approach to patent policy with respect to discoveries and inventions
arising from government-financed research in our colleges and universi-
ties. In all of our patent policy we must put foremost the ultimate
best interests of the American public in benefitting from new develop-
ments. Our policy must both provide incentives for such developments
and assure their application and availability. Both considerations
must be present in our patent policy concerning government-financed
university research. Dr. F. N. Andrews, the very highly respected
Vice President for Research and Dean of the Graduate School at Purdue
University, has compiled the enclosed materials which I believe reflect
the considered thinking of many of our colleges and universities regard-
ing government patent policy. I share much of the concern expressed in
these materials, and I would greatly appreciate it if you would make
them a part of the hearing record in the hearings you are continuing
today.

I look forward to learning of the conclusions of your hearings and working with you to formulate a policy that will protect the legitimate needs of the government and insure that new discoveries and inventions resulting from this research are fully utilized.

Encls.

Buile

Enclosure #1.

Publicly supported academic institutions have long had an objective to encourage the development of new knowledge and new ways of putting knowledge to practical use by publication, oral presentations and patents. We firmly believe that such information must accrue to public benerit. Many of these benefits can only accrue through the patent system.

Most academic institutions receiving federal funds for support of research have a well-defined patent policy which (1) stimulates creativity, (2) encourages industry to invest risk capital to bring technology to the market place for public benefit, and (3) protects the public interest.

The vast majority of inventions at academic institutions are embryonic in nature. Without risk capital to bring these inventions to the market place, said inventions will never accrue benefits to the public. Without proprietary protection, no company can justify investing millions of dollars in an embryonic invention to get the technology to the market for public benefit. Neither the academic institution nor the federal government is likely to invest the resources necessary to develop the invention to a marketable product or process. A government policy of taking title to inventions and nonexclusively licensing to ore and all has not and will not attract risk capital. Corsequently, not the government nor the academic institutions, but the public, whose money was invested in the research, will be the major loser.

At the end of FY 1975, the United States Government already had title to over 27,000 patents with only about 1300 (approximately 5) lisensed.

Therefore, approximately ninety

five percent (95%) were not contributing to the health,

technology, and general welfare of the country. It is question

able if the best interest of the country is served by vesting

title to inventions in the federal government.