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To evaluate the merits of the issue, the opposing arguments should be fully explored in the light of other advantages derived by industry from research and development contracts; our general defense requirements for national security; the increased participation by the Government in research and development; and the increased share of Government-sponsored research and development performed by industry during the past decade.

Most importantly, however, these opposing contentions must be reexamined in the light of further information on the economic effects of present awards. If such further analysis demonstrates a strong tendency toward concentration, then it would seem that the vital interest of this Government in maintaining a freely competitive economy would add a strong argument in favor of Government acquisition of patents. Of course, any such patents held by the Government should continue, within necessary security limitations, to be available under nonexclusive licenses to all applicants, including the contractor who performed the research and development work.

85th Congress)

COMMITTEE PRINT

THE IMPACT OF THE PATENT SYSTEM ON RESEARCH

STUDY OF

THE SUBCOMMITTEE ON

PATENTS, TRADEMARKS, AND COPYRIGHTS

OF THE

COMMITTEE ON THE JUDICIARY
UNITED STATES SENATE

EIGHTY-FIFTH CONGRESS, SECOND SESSION

PURSUANT TO

S. Res. 236

20600

STUDY NO. 11

Printed for the use of the Committee on the Judiciary

UNITED STATES

GOVERNMENT PRINTING OFFICE

WASHINGTON: 1958

To evaluate the merits of the issue, the opposing arguments should be fully explored in the light of other advantages derived by industry from research and development contracts; our general defense requirements for national security; the increased participation by the Government in research and development; and the increased share of Government-sponsored research and development performed by industry during the past decade.

Most importantly, however, these opposing contentions must be reexamined in the light of further information on the economic effects of present awards. If such further analysis demonstrates a strong tendency toward concentration, then it would seem that the vital interest of this Government in maintaining a freely competitive economy would add a strong argument in favor of Government acquisition of patents. Of course, any such patents held by the Government should continue, within necessary security limitations, to be available under nonexclusive licenses to all applicants, including the contractor who performed the research and development work.

2d

85th Congress)

COMMITTEE PRINT

THE IMPACT OF THE PATENT SYSTEM ON RESEARCH

STUDY OF

THE SUBCOMMITTEE ON

PATENTS, TRADEMARKS, AND COPYRIGHTS

OF THE

COMMITTEE ON THE JUDICIARY
UNITED STATES SENATE

EIGHTY-FIFTH CONGRESS, SECOND SESSION

PURSUANT TO

S. Res. 236

20609

STUDY NO. 11

Printed for the use of the Committee on the Judiciary

UNITED STATES

GOVERNMENT PRINTING OFFICE

WASHINGTON: 1958

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

ALEXANDER WILEY, Wisconsin
WILLIAM LANGER, North Dakota
WILLIAM E. JENNER, Indiana
ARTHUR V. WATKINS, Utah
EVERETT MCKINLEY DIRKSEN, Illinois
JOHN MARSHALL BUTLER, Maryland
ROMAN L. HRUSKA, Nebraska

SUBCOMMITTEE ON PATENTS, Trademarks, and COPYRIGHTS

JOSEPH C. O’MAHONEY, Wyoming, Chairman

ALEXANDER WILEY, Wisconsin

OLIN D. JOHNSTON, South Carolina

ROBERT L. WRIGHT, Chief Counsel
JOHN C. STEDMAN, Associate Counsel

11

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