чтовые деня

CONTENTS

Statement of-
Baruch, Dr. Jordan J., Assistant Secretary of Commerce for Science
and Technology, appearing for Dr. Frank Press, the President's
Science Adviser.

Bremer, Howard W., patent counsel, Wisconsin Alumni Research
Foundation, Madison, Wis.-

Page 975

373

Cassell, Frank A., assistant chancellor, University of Wisconsin-
Milwaukee..

770

Dunner, Donald R., Esq., attorney at law, on behalf of the American
Patent Law Association_

571

Feerst, Irwin, consulting engineer and member, Committee of Con-
cerned Electrical Engineers, Massapequa Park, N.Y....
Fettig, Hon. Lester A., Administrator, Office of Federal Procurement
Policy, Office of Management and Budget.

359

985

782

Fredrickson, Dr. Donald S., Director of the National Institutes of
Health

Graham, Robert P., Commissioner, Federal Supply Service, General
Services Administration, accompanied by Philip G. Read, Director,
Federal Procurement Regulations, General Services Administration_
Herz, Charles H., General Counsel, National Science Foundation,
accompanied by Jesse Lasken, Assistant to the General Counsel...
Jacobs, Norman A., on behalf of the Licensing Executives Society,
Washington, D.C.

Jones, Dr. Thomas F., vice president for research, Massachusetts
Institute of Technology, accompanied by Clark A. McCartney, direc-
tor of contracts and grants, University of Southern California, and
Arthur A. Smith, counsel to MIT...

Latker, Norman J., Patent Counsel, Department of Health, Educa-
tion, and Welfare___

Marcy, Dr. Willard, vice president, patent program, Research Corp.,
New York, N. Y., accompanied by James S. Coles, president,
Research Corp.; Robert J. Sanders, Jr., counsel, invention ad-
ministration program, Research Corp.; and John Garrison, treas-
urer, Research Corp..

Miles, L.W., president, University Patents, Inc., Stamford, Conn...
Morrison, Alan, counsel, Public Citizen Litigation Group, Washington,
D.C..

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618

EXHIBITS

Letter from Senator Gaylord Nelson, to Lester A. Fettig, Administrator,
Office of Federal Procurement Policy, Office of Management and Budget,
Mar. 17, 1978_.

Letter from Lester A. Fettig, Administrator, Office of Federal Procure-
ment Policy, Office of Management and Budget, to Chairman Gaylord
Nelson, Mar. 21, 1978.

Letter from Norman J. Latker, Patent Counsel, Department of Health,
Education, and Welfare, to Gerald D. Sturges, May 26, 1978..
Federal Security Agency Order No. 110-1, section 2(b), Dec. 30, 1952.
President John F. Kennedy's Memorandum on Government Patent
Policy, Oct. 10, 1963, page 16.-

Report of the University Patent Policy Ad Hoc Subcommittee of the
Executive Subcommittee of the Committee on Government Patent
Policy, Federal Council for Science and Technology, July 1975..

Report to the Congress by the Comptroller General of the United States, "Problem Areas Affecting Usefulness of Results of GovernmentSponsored Research in Medicinal Chemistry," B-164031(2), Aug. 12, 1968.

List of all universities and other nonprofit organizations holding Institu-
tional Patent Agreements with the Department of Health, Education,
and Welfare, as of Dec. 7, 1977-

List of patent management organizations with which Institutional Patent
Agreements holders have agreements...

Copy of an agreement between a patent management organization and
Institutional Patent Agreement holder..

Report of the National Commission for the Protection of Human Subjects
of Biomedical and Behavioral Research, "Disclosure of Research Infor-
mation Under the Freedom of Information Act," 1977..
Report of the President's Biomedical Research Panel, "Disclosure of
Research Information," June 30, 1976..

Page

103

147

151

152

160

213

Letter from Charles Herz, General Counsel, National Science Foundation, to Gerald D. Sturges, June 27, 1978.

258

Chart, status of National Science Foundation supported inventions, preliminary, 1974-78...

264

Letter from Rochelle E. Scissors, administrative assistant, Association of
American Universities, to Chairman Gaylord Nelson, June 2, 1978-
Policy statement of the Aerospace Corp., dated Apr. 29, 1971.--
Letter from Joshua Lederberg, Ph. D., professor and chairman of genetics,
School of Medicine, Stanford University, to Chairman Gaylord Nelson,
May 22, 1978_.

350

371

381

Table, summary of inventions accepted for administration by Research
Corp., fiscal years 1967 through 1977...

455

Table, tabulation of Government agencies sponsoring inventions accepted
by Research Corp., fiscal years 1967 through 1977.
Table, inventions presently administered under terms of the Department
of Health, Education, and Welfare, Institutional Patent Agreements..
Table, institutions with agreements with Research Corp., and Institutional
Patent Agreements with the Department of Health, Education, and
Welfare, and the National Science Foundation _ _ _ _
Standard form I of the Research Corp. invention administration agree-
ments, Dec. 30, 1971..

456

457

458

459

468

Standard form II of the Research Corp. invention administration agree-
ments, Sept. 22, 1976.

Paper, "The Academic Inventor," by Dr. Willard Marcy, from Chemical
Engineering Progress, Vol. 67, No. 11, pages 24-27, Nov. 1971.
Paper, "Patent Policies at Educational and Non-Profit Scientific Institu-
tions," by Dr. Willard Marcy, presented at the 175th National Meeting
of the American Chemical Society, Anaheim, Calif., Mar. 13, 1978...
Paper, "Factors in Developing Patent Awareness on the University Cam-
pus,"
by Dr. Willard Marcy, presented at the meeting of National
Research Development Organizations, Seattle, Wash., June 15, 1978---
Annual report of the Research Corp. for 1977..

Letter from John D. Upham, president, American Patent Law Association,
to Philip G. Read, General Services Administration, Oct. 21, 1978-
Reply brief for plaintiffs-appellants, Public Citizen, et al., plaintiffs-ap-
pellants, v. Arthur F. Sampson, Administrator, General Services Ad-
ministration, defendant-appellee, U.S. Court of Appeals for the District
of Columbia Circuit, No. 74-1849_

Secrecy order receipt to Prof. George I. Davida, filed Oct. 3, 1977.
Document, "Recombinant DNA Inventions Made With the Help of HEW
Grant Funds," June 20, 1978__

476

480

492

505

600

621

777

786

List of agencies submitting written comments on the DNA patent decision document: Commerce Department, Environmental Protection Agency, Department of Agriculture, National Science Foundation, and Department of Justice..

948

Letter from Dr. Donald S. Fredrickson, Director of the National Institutes of Health, to Chairman Gaylord Nelson, Aug. 2, 1978__

971

Letter from Senator Gaylord Nelson, to Lester A. Fettig, Administrator,
Office of Federal Procurement Policy, Office of Management and Budget,
July 18, 1978____

Letter from Lester A. Fettig, Administrator, to Joel W. Solomon,
Administrator, General Services Administration, July 17, 1978___
General Services Administration notice re: Institutional Patent Agree-
ments, Federal Register, July 27, 1978___

Insertions in Congressional Record of May 19, 1978, by Senator Gaylord
Nelson:

"Patentable Material and the Freedom of Information Act".
"Patenting Life".

"Tax Aspects of University Patent Policy"
"Research Utilization and Government Patent Policy".

1005

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1020

1036

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Department of Commerce notice of establishment of Advisory Committee on Federal Policy on Industrial Innovation, Federal Register, July 21, 1978___.

General Accounting Office notice of regulatory reports review regarding Federal Trade Commission request for clearance of new, single-time voluntary idea promotion survey questionnaire, Federal Register, June 6, 1978.

1071

Office of Management and Budget notice of proposed cost principles for educational institutions (including general standard for patent costs), Federal Register, Mar. 10, 1978.

1071

National Science Foundation: Proposed report form on the status of NSFfunded invention ____

1098

Articles from newspapers and periodicals:

Science and Government Report, "NSF Patent Shift To Benefit
Universities," May 15, 1973__

1100

Business Week, "The Federal Squeeze on University Research,"
June 19, 1978_

1101

Science, "Patent Policy Changes Stir Concern," Mar. 17, 1978.
New York Times, "Research-Oriented Schools Face Battle on Rules,"
Apr. 15, 1978, p. 11...

1103

1104

Nature, "Patent Rights: Once More Around the Block," June 8, 1978New York Times, "Commerce Officials Lift Secrecy Order," June 13, 1978_

1105

1107

Business Week, "Set for Biology's New Revolution" Jan. 17, 1977Business Week, "A Commercial Debut for DNA Technology," Dec. 12, 1977___

1107

1110

Washington Post, "Bacterium Is Used in Producing Insulin," June 12, 1978__

1112

Washington Post, "Living Things Patent Case Is Sent Back," June 27, 1978.

1113

Wall Street Journal, "Computer Program Is Denied a Patent in High
Court Case," June 23, 1978_.

1113

Business Week, "A New Federal Threat to the Value of Patents,"

June 12, 1978_

1115

Science, "Patent Policy Versus Innovation" (an editorial), June 30,

1978_

1116

Articles from newspapers and periodicals-Continued

Wall Street Journal, "Firm Fights Cancellation of Rights on CT
Scanner," July 28, 1977...

Page

1117

Wall Street Journal, "Technicare Unit Gets License From HEW for
Use of Inventions," July 29, 1977..
Washington Star, "Government Favors the Giants in Handing Out
R. & D. Funds," July 1, 1978__.
Washington Post, "Our Indolent Pursuit of Foreign Technology"
Apr. 11, 1978_.

Stanford University News Service release, alleging that “*** mo-
mentum is building for changes in U.S. patent licensing policy
which will entrench big business, help foreign competitors, and
make it far harder to bring innovations to the marketplace ***,"
Mar. 30, 1978..

Business Week, "Vanishing Innovation," July 3, 1978, printed in
Congressional Record at the request of Senator Adlai Stevenson,
July 14, 1978_.

1117

1117

1118

1120

1124

Access Reports, "No Justification Seen in Denying Access on Ground 'Patentable' Data May Arise," June 13, 1978_

1128

The Chronicle of Higher Education, "Revisions in U.S. Patent Law:
Still Pending," May 15, 1978...

1132

"Profitable and Nonprofitable Drugs," article from Apr. 20, 1978, issue of New England Journal of Medicine_

Meeting notice, agenda, and newsletter report of National Institute of General Medical Sciences Conference on "Development of Therapeutic Agents Found With Government Support," May 31June 1, 1978__ National Science Foundation: Notice of intention to encourage cooperative research between industry and universities, March 29, 1978; notice and agenda of Midwest Small Business Conference, May 22-23, 1978 National Science Foundation: Title 45 of the Code of Federal Regulations, part 650-Patents. -

General Services Administration notice of Government-wide institutional patent agreement-change of effective date, Federal Register, Feb. 2, 1978.

Letter to Gerald D. Sturges, professional staff member, Senate Small Business Committee, from Thomas E. Morgan, M.D., director, Division of Biomedical Research, Association of Medical Colleges, June 22, 1978Survey to determine value of certain patented inventions funded through the Department of Health, Education, and Welfare Supreme Court amicus curiae brief on relationship of intellectual property and Freedom of Information Act.

Statements submitted for the record:

American Council on Education..

Institute of Electrical and Electronic Engineers.
Letter to Chairman Gaylord Nelson from Senator Birch Bayh including
enclosures-materials assembled by F. N. Andrews, vice president for
research and dean of the graduate school, Purdue University-
Letter to Stuart E. Eizenstat, assistant to the president for Domestic
Affairs and Policy, from Howard W. Bremer, president, Society of
University Patent Administrators, on letterhead of the Wisconsin
Alumni Research Foundation___

"Analytical Basis for the University Position on H.R. 8596," February 1978, Society of University Patent Administrators.. Correspondence submitted to Chairman Gaylord Nelson for the record from:

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1164

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1172

1205

1216

1246

1261

1268

David Mintzer, vice president for research and dean of science,
Northwestern University-

1306

John B. Richey, assistant director, Sponsored Projects Office, Stan-
ford University, Stanford, Calif

1307

E. Gerald Meyer, vice president for research, the University of
Wyoming...

1308

Joseph V. Scaletti, University of New Mexico__

1309

Joseph S. Warner, director, Grant and Contract Administration,
Yale University..

1310

Correspondence submitted to Chairman Gaylord Nelson for the record
from-Continued

Joseph J. Keeley, associate director, Division of Research Develop-
ment and Administration, University of Michigan.......
John R. Pike, managing director, Wisconsin Alumni Research
Foundation....

G. Willard Fornell, patent administrator, University of Minnesota__
F. N. Andrews, vice president for research and dean of the graduate
school, Purdue University...

Page 1311

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Dennis W. Barnes, associate provost for research, University of
Virginia

1315

J. Ralph Shay, assistant dean of research, Oregon State UniversityThomas F. Jones, vice president for research, Massachusetts Institute of Technology..

1316

1322

1324

Glen L. Taggart, president, Utah State University_

William S. Partridge, vice president for research, University of
Utah..

Department of Commerce, National Technical Information Service:
article, "Government Research Spurs Private Profits," plus notices of
selected technology for licensing-_.

Office of Management and Budget notice of request for public comment on proposed Federal policy regarding dissemination of scientific and technical information which results from Federal funds, Federal Register, July 25, 1978

Articles from the Bulletin of the National Research Development Corporation, United Kingdom:

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1337

"The Changing Patent Systems in Europe". "The Role of NRDC"

1339-1343

1344

"The Creation of NRDC"

"The Exploitation".

Research Corporation:

1346

1352

"£1,000,000 for University Inventions".

1359

Federal tax return of private organization exempt from income tax, for various years.

1361

Treasury Department, Internal Revenue Service, questionnairefor religious, charitable, scientific, literary, and educational organizations claiming exemption under section 101 (6) of the Revenue Act of 1936__

1440

Wisconsin Alumni Research Foundation:

Federal tax return for organization exempt from income tax, for fiscal year ending June 30, 1976...

1523

Second restated articles of incorporation of WARF as of May 2, 1975__

1544

Revised bylaws

1549

Memorandums to holders of HEW institutional patent agreements and members of the Society of University Patent Administrators from Norman J. Latker, Patent Counsel, DHEW..

1563

Presentation before Society of University Patent Administrators, third annual meeting, Feb. 6, 1978, by Norman J. Latker, Patent Counsel

1565

General Services Administration submission for the record:

Letters of comment on draft of Government-wide institutional patent agreement (IPA).............

1574

Proposed revision of the draft IPA, prepared by the Ad Hoc Sub-
committee on University Patent Policy--

1713

Minutes of meetings of interagency committees on revision of the
draft of the Government-wide IPA...

1796

Report of the 1973 survey of university patent programs by Northwestern University.

1934