Page images
PDF
EPUB
[blocks in formation]

COMMITTEE ON THE JUDICIARY

UNITED STATES SENATE

EIGHTY-SIXTH CONGRESS

SECOND SESSION

PURSUANT TO S. RES. 240

ON

S. 3156 and S. 3550

58063

MAY 17 AND 18, 1960

Printed for the use of the Committee on the Judiciary

UNITED STATES
GOVERNMENT PRINTING OFFICE

WASHINGTON: 1960

COMMITTEE ON THE JUDICIARY

JAMES O. EASTLAND, Mississippi, Chairman

ESTES KEFAUVER, Tennessee
OLIN D. JOHNSTON, South Carolina
THOMAS C. HENNINGS, JR., Missouri
JOHN L. MCCLELLAN, Arkansas
JOSEPH C. O'MAHONEY, Wyoming
SAM J. ERVIN, JR., North Carolina
JOHN A. CARROLL, Colorado
THOMAS J. DODD, Connecticut
PHILIP A. HART, Michigan

ALEXANDER WILEY, Wisconsin EVERETT MCKINLEY. DIRKSEN, Illinois ROMAN L. HRUSKA, Nebraska KENNETH B. KEATING, New York NORRIS COTTON, New Hampshire

SUBCOMMITTEE ON PATENTS, TRADEMARKS, AND COPYRIGHTS

JOSEPH C. O'MAHONEY, Wyoming, Chairman

OLIN D. JOHNSTON, South Carolina PHILIP A. HART, Michigan

ALEXANDER WILEY, Wisconsin

ROBERT L. WRIGHT, Chief Counsel
JOHN C. STEDMAN, Associate Counsel
STEPHEN G. HAASER, Chief Clerk

II

CONTENTS

III

GOVERNMENT PATENT PRACTICES

TUESDAY, MAY 17, 1960

U.S. SENATE,

SUBCOMMITTEE ON PATENTS, TRADEMARKS,

AND COPYRIGHTS OF THE COMMITTEE ON THE JUDICIARY,

Washington, D.C. The subcommittee met, pursuant to call, at 10:45 a.m., in room 2228, New Senate Office Building, Senator Joseph O. O'Mahoney presiding.

Present: Senators O'Mahoney (presiding) and Hart.

Also present: Robert L. Wright, chief counsel, Patents, Trademarks, and Copyrights Subcommittee; John C. Stedman, associate counsel; Hershel F. Clesner, assistant counsel; Clarence M. Dinkins, assistant counsel, and George S. Green, professional staff member Senate Judiciary Committee, and Richard M. Gibbons, of the staff of Senator Wiley.

Senator O'MAHONEY. The subcommittee has before it this morning two bills, one, S. 3156, which I introduced last March to provide for the protection of the interests of the United States in basic research with respect to patent rights arising from research conducted under projects financed by the United States. This bill may appear in the record.

(S. 3156 follows:)

[S. 3156, 86th Cong., 2d sess.]

A BILL To provide for the protection of the interests of the United States in basic research with respect to patent rights arising from research conducted under projects financed by the United States

Whereas the National Science Foundation has statutory responsibility for the promotion and coordination of all basic research financed by the Federal Government; and

Whereas said Foundation has not yet determined the extent of the possible adverse impact on such research of patent provisions in various research contracts which reserve to the research contractor or grantee the right to exclude the Government or members of the public from the practice, in competition with the said contractor or grantee and his commercial licensees, of the inventions produced by such Government financed research: Now, therefore,

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) no contract or agreement entered into by any department or agency of the United States with any contractor or grantee for the conduct of research by such contractor or grantee may contain any provision by reason of which such contractor or grantee would acquire the right to exclude the United States or any department or agency thereof or other members of the public from practicing, in competition with the said constractor or grantee or any licensee of such contractor or grantee, any invention produced under that contract or grant, unless a determination has been made in compliance with subsection (b) on the question whether the inclusion of that provision in such contract or agreement would adversely affect the basic research program of the United States.

1

« PreviousContinue »