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PATENTS, TRADEMARKS, AND COPYRIGHTS
COMMITTEE ON THE JUDICIARY
· UNITED STATES SENATE
PURSUANT TO S. RES. 55
S. 1084 and S. 1176
COMMITTEE ON THE JUDICIARY
JAMES 0. EASTLAND, Mississippi, Chairman ESTES KEFAUVER, Tennessee
ALEXANDER WILEY, Wisconsin OLIN D. JOHNSTON, South Carolina
EVERETT McKINLEY DIRKSEN, Illinois JOHN L. MCCLELLAN, Arkansas
ROMAN L. HRUSKA, Nebraska SAM J. ERVIN, Jr., North Carolina
KENNETH B. KEATING, New York
JOHN A. CARROLL, Colorado
NORRIS COTTON, New Hampshire
THOMAS J. DODD, Connecticut
PHILIP A. HART, Michigan
EDWARD V. LONG, Missouri
WM. A. BLAKLEY, Texas
SUBCOMMITTEE ON PATENTS, TRADEMARKS, AND COPYRIGHTS
JOHN L. MCCLELLAN, Arkansas, Chairman OLIN D. JOHNSTON, South Carolina
ALEXANDER WILEY, Wisconsin PHILIP A. HART, Michigan
NORRIS COTTON, New Hampshire ESTES KEFAUVER, Tennessee
Kathryn Arnow, National Science Foundation.
Graeme C. Bannerman, Deputy Assistant Secretary of Defense
(Procurement); accompanied by Howard Williamson, Specialist in
Patent Matters, Office, Deputy Assistant Secretary of Defense
(Procurement), R. Tenney Johnson, Office of General Counsel,
Department of Defense, and Maj. Joseph A. Hill, Chief Patent
Counsel for the Army -
Carl E. Barnes, vice president, research, Minnesota Mining & Manu-
facturing Co., St. Paul, Minn., on behalf of the Chamber of Com-
merce of the United States; accompanied by Terry Rice, manager
of the national defense department of the Chamber of Commerce of
the United States, and Frank Steldt, patent attorney, Minnesota
Mining & Manufacturing Co.-
Chauncey Brooks, Jr., on behalf of National Small Business Men's
Association; accompanied by Robert F. Custard and John A. Gos-
nell, secretary and general counsel, National Small Business Men's
Joseph Campbell, Comptroller General of the United States; accom-
panied by Robert F. Keller, General Counsel; Wayne Smith,
attorney, Office of the General Counsel; and Harold H. Rubin,
Associate Director, Defense Accounting and Auditing Division,
Adm. L. D. Coates, USN, Chief of Naval Research, Department of
the Navy; accompanied by Capt. Robert A. Fitch, USN, Assistant
Chief, Office of Naval Research for Patents and Patent Counsel,
and Dr. Shirleigh Silverman, Director of the Research Group,
Office of Naval Research.
Maj. Gen. Marcus F. Cooper, Deputy Chief of Staff, Research and
Engineering, Air Force Systems Command; accompanied by
William Munves, Assistant General Counsel (Procurement),
Department of the Air Force; Paul Sherwood, Patents Division,
Staff Judge Advocates Office, Air Force Systems Command; and
Maj. Jack A. Cunningham, Procurement Policy and Procedures
Division, Deputy Chief of Staff, Materiel...
Floyd H. Crews, chairman, American Bar Association, patent, trade-
mark, and copyright law section.-
Paul F. Hannah, vice president and general counsel, Raytheon Co.;
accompanied by Elmer J. Gorn, chairman, Electronic Industries
Association's Committee on Patents, Copyrights and Trademarks,
and John B. Olverson, general counsel, Electronic Industries Asso-
H. M. Horner, vice chairman of the board of governors of the Aero-
space Industries Association and chairman and chief executive
officer of United Aircraft Corp., accompanied by Charles Shelton,
director of the patent section, United Aircraft Corp----
James G. Horsfall, director of the Connecticut Agricultural Experi-
ment Station, New Haven, Conn.
Daggett H. Howard, General Counsel, Federal Aviation Agency;
accompanied by John Donohue, Chief Contracts Division, Bureau of
Research and Development; Philip I. Ryther, Chief, Materiel
Policy Division, Office of Management Services; and Douglas
L. Siegel, attorney, Office of General Councel, Federal Aviation
John A. Johnson, General Counsel, National Aeronautics and Space
Administration; accompanied by Gerald D. O'Brien, Assistant
Counsel for Patent Matters.
Statement of Continued
Augustus B. Kinzel, on behalf of the Manufacturing Chemists'
Lee Loevinger, Assistant Attorney General, Antitrust Division,
Department of Justice; accompanied by John T. Duffner, Executive
Assistant, Antitrust Division, and William J. Lamont, Antitrust
Division, Department of Justice..
Hon. Russell B. Long, a U.S. Senator from the State of Louisiana.
Harold S. Meyer, representing the National Association of Manu-
facturers, accompanied by Ray Bennett, National Defense and
Patent Committee, National Association of Manufacturers...
Neil Naiden, General Counsel, Atomic Energy Commission, accom-
panied by Roland Anderson, Assistant General Counsel for Patents,
Atomic Energy Commission.
Richard A. Weiss, Deputy and Scientific Director of the Office of
Research and Development, accompanied by H. E. Friend, Chief
of Contracts and Grants Branch, Office of Chief of Research and
Development, Department of the Army ---
A. Addresses by Senator Russell B. Long entitled "Federal Patent Policy"
before the U.S. Senate, May 3, 1960, and May 31, 1960.--
B. Letter from Dr. Alan T. Waterman, Director, National Science Founda-
tion, to Hon. John L. McClellan, chairman, Subcommittee on Pat-
ents, Trademarks, and Copyrights, dated April 19, 1961, statement
of views on S. 1084 and S. 1176.
C. Additional statement of Adm. L. D. Coates, Chief of Naval Research,
on the nature and scope of the Navy's basic research program.
D. Letter from Capt. W. S. Sampson, USN, to Hon. John L. McClellan,
dated May 22, 1961, stating the Navy's position with respect to
statement of Mr. Lee Loevinger, Assistant Attorney General, Anti-
trust Division, Department of Justice, re "Failure To Report In-
ventions Made During Performance of Contracts"
SUBCOMMITTEE ON PATENTS, TRADEMARKS,
AND COPYRIGHTS OF THE
COMMITTEE ON THE JUDICIARY,
Washington, D.C. The subcommittee met, pursuant to call, at 10:05 a.m., in room 2228, New Senate Office Building, Senator John L. McClellan presiding.
Present: Senator McClellan.
Staff members present: Robert L. Wright, chief counsel, Patents Subcommittee; Herschel F. Clesner, assistant counsel; Thomas A. Brennan, investigator; and George Green, professional staff member, Senate Judiciary Committee. Senator McCLELLAN. The committee will come to order.
The Chair may announce that when we scheduled these hearings it was not anticipated that the Senate would be holding morning session. And, of course, under the rules of the Senate, the committee cannot proceed with hearings unless consent of the Senate is granted for it to proceed while the Senate is in session.
That request will be submitted to the Senate at any moment, and we hope the Senate will acquiesce in a request that we may hold hearings while the Senate is in session.
In the meantime, however, I shall proceed to make an opening statement with respect to the purpose of these hearings. And if the consent is granted, then we will proceed to hear witnesses.
I may say at the outset that this is a hearing in the nature of ascertaining or securing information either in support of or in opposition to proposed legislation. This is not a hearing in which we are conducting an investigation into alleged wrongdoing or alleged inefficiency or lack of economy in Government. And, therefore, we will conduct the hearings on the basis of securing evidence in the nature of advice and opinions as well as securing facts.
Therefore, witnesses will not be placed under oath.
It will not be that kind of hearing.
They will be free to testify regarding opinions and to make recommendations and to make suggestions for the consideration of the committee and the Senate.
So to that extent I thought it would be well to make that statement. We will not proceed as an investigating committee where everyone is placed under oath.
One reason for making the statement is that when we do proceed on an investigation of wrongdoing we require that two members of the committee be present. We do not have and probably will not have two members of the committee present today.