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PATENT POLICIES RELATING TO
AERONAUTICAL AND SPACE RESEARCH

HEARINGS

BEFORE THE

SPECIAL SUBCOMMITTEE ON
PATENTS AND SCIENTIFIC INVENTIONS

OF THE

COMMITTEE ON
SCIENCE AND ASTRONAUTICS
U.S. HOUSE OF REPRESENTATIVES

EIGHTY-SEVENTH CONGRESS

FIRST SESSION

ON

H.R. 1934 and H.R. 6030

MAY 26, JUNE 1, 8, 20, 22, AUGUST 14, 15, 16, AND 17, 1961

[No. 20]
PART 1

S

Printed for the use of the Committee on Science and Astronauties

ENSIT

STANFO

DEC 1961

OCUMENT

NT DIVISION

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COMMITTEE ON SCIENCE AND ASTRONAUTICS

GEORGE P. MILLER, California, Chairman OLIN E. TEAGUE, Texas

JOSEPH W. MARTIN, JR., Massachusetts VICTOR L. ANFUSO, New York

JAMES G. FULTON, Pennsylvania JOSEPH E. KARTH, Minnesota

J. EDGAR CHENOWETH, Colorado KEN HECHLER, West Virginia

WILLIAM K. VAN PELT, Wisconsin EMILIO Q. DADDARIO, Connecticut

PERKINS BASS, New Hampshire WALTER H. MOELLER, Ohio

R. WALTER RIEHLMAN, New York DAVID S. KING, Utah

JESSICA MCC. WEIS, New York J. EDWARD ROUSH, Indiana

CHARLES A. MOSHER, Ohio THOMAS G. MORRIS, New Mexico

RICHARD L. ROUDEBUSH, Indiana BOB CASEY, Texas

ALPHONZO BELL, California
WILLIAM J. RANDALL, Missouri

THOMAS M. PELLY, Washington
JOHN W. DAVIS, Georgia
WILLIAM F. RYAN, New York
JAMES C. CORMAN, California
JOHN W. McCORMACK, Massachusetts

CHARLES F. DUCANDER, Executive Director and Chief Counsel

SPENCER M. BERESFORD, Special Counsel

PHILIP B. YEAGER, Special Consultant
JOHN A. CARSTARPHEN, Jr., Chief Clerk

FRANK R. HAMMILL, Jr., Counsel
RICHARD P. HINES, Staff Consultant
EARL G. PEACOCK, Staff Consultant
RAYMOND WILCOVE, Staff Consultant

C. OTIS FINCH, Assistant Clerk
JOSEPH M. FELTON, Publications Clerk

SPECIAL SUBCOMMITTEE ON PATENTS AND SCIENTIFIC INVENTIONS

EMILIO Q. DADDARIO, Connecticut, Chairman DAVID S. KING, Utah

JAMES G. FULTON, Pennsylvania BOB CASEY, Texas

J. EDGAR CHENOWETH, Colorado WILLIAM J. RANDALL, Missouri

PERKINS BASS, New Hampshire WILLIAM F. RYAN, New York

ALPHONZO BELL, California

PHILIP B. YEAGER, Staff Consultant NOTE.-The chairman of the full committee and the ranking minority member, Hon. Joseph W. Martin, Jr., are ex officio members of all subcommittees.

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CONTENTS

Page

203

294

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173

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Statement of —

Anderson, Roland A., Assistant General Counsel for Patents, U.S.

Atomic Energy Commission.----

Armistead, William H., vice president and director, research and

development; accompanied by Frederick H. Knight, Secretary,

Corning Glass Works; and Lloyd Symington, Esq., Washington

counsel.----------------------------------------------------

Bannerman, Graeme C., Deputy Assistant Secretary of Defense

(Procurement); accompanied by Howard Williamson, procurement

specialist; and R. Tenney Johnson, Office of the General Counsel,

Department of Defense --------

Birkenstock, James W., vice president for commercial development;

accompanied by Dewey ). Cunningham, patent counsel, and

Stephen H. Beach, legal counsel, International Business Machines

Corp------

Burke, Oliver W., Jr., chairman, Burke Research Co.; accompanied

by Joseph Y. Houghton, patent attorney---
Goetz, Ernest A., technical assistant to the president, American

Arma Bosch Corp-------
Hall, Albert C., vice president, engineering; accompanied by Mr.

Roberson, patent attorney, The Martin Co...
Johnson, John A., General Counsel; accompanied by Gerald D.

O'Brien, Assistant General Counsel for Patent Matters, National

Aeronautics and Space Administration.---

McRae Wayne A., vice president, research and development, Ionics,

Ruttenberg, Charles B., Deputy General Counsel, accompanied by

Joseph R. Schurman, attorney, National Science Foundation -----

Waite, Laurence L., senior vice president, engineering and planning,

accompanied by William Roy Lane, patent counsel, North American

Aviation, Inc.-

Yeaton, Samuel C., vice president and director of patents, Sperry

Gyroscope Co., division of Sperry Rand Corp------

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PATENT POLICIES RELATING TO AERONAUTICAL AND

SPACE RESEARCH

Members of the cond and status of und in particular t

FRIDAY, MAY 26, 1961

HOUSE OF REPRESENTATIVES,
COMMITTEE ON SCIENCE AND ASTRONAUTICS,
SUBCOMMITTEE ON PATENTS AND SCIENTIFIC INVENTIONS,

Washington, D.C. The subcommittee met, pursuant to call, at 10:15 a.m., in room 214-B, New House Office Building, Hon. Emilio Q. Daddario (chairman of the subcommittee) presiding.

Mr. DADDARIO. The hearing will come to order.

Members of the committee and gentlemen, I should like briefly to review the background and status of Government patent policy as it relates to the national space program and in particular to the National Aeronautics and Space Administration.

Present law-that is, section 305 of the National Aeronautics and Space Act of 1958-requires NASA to secure ownership of any inventions arising out of its research and development contracts. It also provides that no patent may be issued to any person if the invention involved appears to the Commissioner of Patents to have “significant utility” for the space program unless the applicant swears under oath that he developed his invention without aid from NASA, even then, the applicant may be overridden by the NASA Administrator and compelled to find any remedy due him through appeal procedures. Finally, NASA may waive title to inventions provided that it can show that such waiver will be in the best interests of the United States.

Let's back up a moment and see how this provision became part of the law.

When the administration draft bill to create a space agency was sent to Congress by President Eisenhower early in 1958 it contained no provision whatever relating to patents. Patents were not, in fact, discussed during the public hearings leading up to the creation of NASA.

During consideration of the bill by the House Select Committee on Astronautics and Space Exploration—chaired by Mr. McCormackit was decided that some patent provision should be included. The reason for this was that select committee members, not then knowing whether the successful exploration of space might hinge upon some single key invention or discovery, felt that there should be a provision in the law to prevent such a crucial discovery from becoming the property of a single private organization.

Consequently the select committee adapted several sections of the Atomic Energy Act which required Government ownership of patents

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