National Patent Policy: Hearing Before the Subcommittee on Patents Trademarks and Copyrights of the Committee on the Judiciary, United States Senate, Eighty-Seventh Congress, First Session, Pursuant to S. Res. 55 on S. 1084 and S. 1176

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Стр. 54 - In the councils of Government, we must guard against the acquisition of unwarranted influence, whether sought or unsought, by the military-industrial complex. The potential for the disastrous rise of misplaced power exists and will persist.
Стр. 9 - They are nearly all cost-plus-type contracts and the fees are about the same throughout the Government. Nor do I agree with the statement frequently made that unless there Is such a patent provision, their employees will not work assiduously. I have never seen anything of the sort. A man who has an idea In his mind, if he Is worth his salt, will want to get it out. He will fight all obstacles to get it out ; it really makes no difference to the scientist or engineer one way or another because the...
Стр. 7 - ... patent was a matter that concerned the individual primarily; individuals in a preindustrial age were developing single items. Today, the development of patents generally involves large organizations and corporations. The US Government alone is currently spending — in fiscal year 1978 — nearly $26 billion for research and development. To grasp the significance of this sum, bear in mind that the total expenditures of the US Government for the 11-year period, 1789 to 1800, was less than $6 million.
Стр. 4 - ... huge corporate entities already possessing great concentrated economic power. They are not ailing segments of the economy in need of public aid or subsidy. Nor are there any real reasons to offer patent give-aways in order to induce them to accept Defense Department research grants or contracts. ... To claim that agencies cannot get firms to sign such contracts unless patent rights are given away strikes me as fanciful nonsense
Стр. 13 - I didn't know until this morning there was any difficulty. Senator LONG. Do you have any knowledge of problems that exist in any other field outside of your own, where private contractors do not have the right to keep pa tents?
Стр. 8 - ... You will find many large corporations where the level of Government research and development they do is considerably more than they spend on their own research and development. In essence Government-financed research and development subsidizes and augments their own research and development effort, and so enhances their competitive position. These companies realize that in order to stay in business, to be healthy, to prosper, they must do research and development work. The very fact they constantly...
Стр. 7 - ... not patentable qualities. They are things which are inherent in a company, in its methods; in its management and trained employees; in the kind of machine tools it has; how it uses these tools; and so on. Up to the advent of the Atomic Energy Commission in 1946, and the Space Agency in 1958, most Government research and development consisted essentially of adaptations to existing technology. That is, an industrial organization would be called upon by the Government to take an item that it had...
Стр. 8 - ... machine tools it has, how it uses these tools, and so on. Where the facilities are owned by the company itself, and where the know-how is its own ; the Government shouldn't publish that information. When these conditions obtain, it is possible we have gone too far in making the information public. Up to the advent of the Atomic Energy Commission in 1946 and the Space Agency in 1958 most research and development consisted essentially of adaptations to existing technology. That is, an industrial...
Стр. 5 - Act we could not, if we wished, give away patents to AEC financed inventions. The present situation is unsatisfactory. Agencies of the same US Government pursue diametrically opposed policies on patent rights to inventions financed by the Government even when it may concern the same areas of technology, such as medical research where the Defense Department and the Department of Health, Education, and Welfare (HEW) follow different policies. This naturally makes for inequities. It leaves the power...
Стр. 13 - In other fields, but to the bent of my knowledge, when one attempts to substantiate these cases, they seem to evaporate. In fact our problem in the atomic energy field is we have too many contractors who want to do work under our patent conditions, and not the other way around. Senator LONG. So, as far as you are concerned, you have no knowledge of any difficulty in persuading contractors to do the work for you. Admiral RIOKOVEK.

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