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. June 2, 1961

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U.S. Government Printing Office, 1961 - Всего страниц: 63

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Стр. 53 - 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. 3 - American economy is involved. I do not see how one could make an analogous case for contracting firms obtaining Defense Department research grants. The firms who receive grants are a relatively few 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 is there any real need to offer patent giveaways in order to induce them to accept Defense Department research grants or contracts. I think it...
Стр. 32 - We have challenged the representatives of the National Association of Manufacturers — at least this committee challenged representatives of the National Association of Manufacturers. I have challenged a number of witnesses who made that statement to produce a single example. Admiral RICKOVER. Yes, I am familiar with that. Senator LONG. They have never produced any to me. They made themselves look silly trying to hedge around on that issue. Do you know in your field of atomic energy responsibility...
Стр. 6 - ... 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. 7 - ... 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. 23 - ... certificates of authorship." Anybody with a new idea can file for a certificate of authorship at no cost to himself. This entitles him to a monetary reward depending largely on how much saving is made in industry by using the certified invention or idea. By Russian standards, the monetary reward is substantial, certainly substantial enough to stimulate inventiveness. Last year they had 60,000 applications; 60,000 applications by individuals. That year we had 80,000 patent applications, 70 percent...
Стр. 20 - Mass production and the virtual disappearance of the independent inventor have changed the intended purpose of the patent law which was to encourage individual inventiveness. Patents now largely do not go to the inventor but to those who employ him and provide him with necessary facilities. By depriving employed inventors of any right to the products of their inventive brains, industry has precluded itself from making a valid claim to inventions paid for by Government funds. Once you disregard the...
Стр. 8 - They develop many ideas and skills from this Government-financed work ; also, their people are being trained and schooled at Government expense. These are very valuable assets, and the reason so many large corporations vie to obtain these research and development contracts. Now I can only consider this problem in the light of my own experience. I have never had a single case where the patent provision of the Atomic Energy Act Influenced a company not to undertake Government R. & D. work. In fact,...
Стр. 7 - On that basis there was considerable justification for the entrepreneur to maintain his background patent rights; he was merely adding a small novelty to an already existing item. But with the coming of atomic and space science, we have an entirely different situation; we are now dealing with equipment that has never before been used. In fact, most of it was never even conceived of. Consequently, nearly all the money for developing the complete item comes from the Government. I believe in the atomic...
Стр. 4 - 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...

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