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H.R. 1934 and H.R. 6030

JANUARY 29, 31, FEBRUARY 1, 2, AND 8, 1962

[No. 1]

PART 2

Printed for the use of the Committee on Science and Astronautics

1:2

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U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 1962

80295

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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.

II

MARS
HEARINAS

CONTENTS

Statement of

Davis, Franklin O., manager, corporate patent department, Thiokol

Chemical Corp--

24

Giles, Robert E., General Counsel, Department of Commerce; accom-

panied by John C. Green, Director of the Office of Technical Services,
and Gerald E. Stephenson, Office of the General Counsel.

130

Ladd, David L., U.S. Commissioner of Patents; accompanied by

Edwin Reynolds, First Assistant Commissioner of Patents, and R. L.

Campbell, Patent Office security officer--

113

Loevinger, Lee, Assistant Attorney General, Antitrust Division,

Department of Justice..

80, 153

Reichard, Emerson S., Jr., vice president, administration; accompanied
by Robert C. Brown, patent counsel, Aerojet General Corp---

2
Spencer, Lloyd, patent counsel, California Institute of Technology-- 52
Whipple, Dr. Fred L., Director, Smithsonian Astrophysical Observ-

atory

White, Byron, Deputy Attorney General, Department of Justice.

Appendixes.

185

41

83

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PATENT POLICIES RELATING TO AERONAUTICAL AND

SPACE RESEARCH

MONDAY, JANUARY 29, 1962

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

Washington, D.C. The subcommittee met at 10 a.m., Hon. Emilio Q. Daddario presiding

Mr. DADDARIO. The meeting will come to order.

This morning we are opening the final week of hearings on H.R. 1934 and H.R. 6030, bills designed to amend the patent section of the National Aeronautics and Space Act.

These hearings are a continuation of those held last summer in an effort to gather current information from industry and from Gov. ernment which would be useful for us in our considerations here.

I would like to review the situation for just a moment.

The patent section of the Space Act has been the subject of considerable controversy ever since its enactment in July of 1958. This subcommittee, under Chairman Mitchell in the 86th Congress, held extensive hearings to determine whether a change was necessary and came up with a change which the administration approved and which the House passed in 1960.

The effect of the change was to liberalize the patent section so that the Space Administrator was given the option of acquiring title to inventions arising under NASA research contracts rather than being required to do so—subject only to possible waiver—as the law now prescribes. The members will recall that the Senate did not act on this bill; hence there has been no change in the law. The current bills before the subcommittee are in the same vein as the changes made by the House in the last Congress.

This subcommittee was reconstituted in the present Congress to consider the matter further. We have sought not to go over the same ground which the subcommittee went over under the chairmanship of Mr. Mitchell. We have endeavored during the course of these hearings to secure data which would substantiate the arguments and philosophies which were developed out of the hearings held by the subcommittee in 1959 and 1960. I think that the testimony and materials provided the subcommittee last summer will prove to be useful. I do not care to predict at this time what action the subcommittee may eventually take, but I think it is very clear that the hearings have shown us the extent of the complexity of this matter and how great an issue it is becoming. While we are concerned primarily

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