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APPENDIX B TO COMMISSIONER BRENNER'S STATEMENT

H.R. 7454 (90th Cong., 1st Sess.)
Recommendations

PATENTABILITY OF INVENTIONS

Principal sections

I
II
III
IV

Prior art.-
Preliminary application.-
Exceptions to prior art.
Patentable Subject Matter:

Designs and plants---
Computer programs.-

105

APPLICATION FILING AND EXAMINATION

111(a)

V
VI
VII
VIII
IX
X
XI
XII

Assignee filing and joinder of inventors.-
Claim for priority date--
Publication
Continuing applications---
Standby optional deferred examination.
Burden of persuasion.-
Citation period.-
Quality control*

DIRECT REVIEW OF PATENT OFFICE DECISIONS

XIII
XIV

Presumption of correctness.
Review by court of appeals.---

PROCEDURE FOR AMENDING AND CANCELLING PATENTS

XV
XVI

Cancellation
Reissue

LIABILITY AND ENFORCEMENT

154 154

XVII XVIII XIX XX XXI XXII XXIII XXIV XXV XXVI

271 (e)

Interim liability.
Term of patent-
Secrecy Order -
Terminal disclaimer..
Importation
Patent right transferability-
In rem invalidity-
Civil commissioners_-
Expedited procedure for limited claims.-
Statutory advisory council..

PATENT OFFICE OPERATIONS

XXVII Patent Office financing--
XXVIII Propriety of final rejection*
XXIX Classification and information retrieval.
XXX Information dissemination.--
XXXI Transition
XXXII Government patent policy*.

12 12, 41 (d)

INTERNATIONAL ACTION

XXXIII Inventor's certificates *.
XXXIV Term measurement*--
XXXV Universal patent system*

• Do not require statutory implementation at this time.

APPENDIX A TO UNDER SECRETARY HOLLOMON'S STATEMENT

PRESIDENTIAL DOCUMENTS

TITLE 3THE PRESIDENT

Executive Order 11215

ESTABLISHING THE PRESIDENT'S COMMISSION ON THE PATENT SYSTEM Whereas the patent system established under the Constitution of the United States has contributed materially to the development of his country by furthering increased productivity, economic growth, and an enhanced standard of living and has strengthened the competitiveness of our products in world markets; and

Whereas we have experienced vast technological advances, particularly in recent decades, and industrial development continues to depend increasingly upon scientific and inventive endeavors; and

Whereas other industrial nations may be expected to exert vigorous efforts to obtain the greatest economic and social benefit from inventive activity; and

Whereas we and other nations are concerned with improving systems for the protection of industrial property to promote the beneficial exchange of products and services across national boundaries; and

Whereas the extensive international economic interests of the United States require that this Government take a leading role in international cooperation for the protection of industrial property; and

Whereas the patent system of the United States has developed a continuing back log of patent applications and the cost of processing such applications increases constantly ; and

Whereas the general character of our patent system has undergone no substantial change since 1836; and

Whereas it is now necessary to evaluate our patent system and to identify possible improvements in it:

Now, therefore, by virtue of the authority vested in me as President of the United States, it is ordered as follows:

SECTION 1. Commission established. (a) There is hereby established the President's Commission on the Patent System, hereinafter referred to as the Commission. The President shall designate the Chairman of the Commission from among its members.

(b) The Commission shall be composed of the Secretary of Commerce, the Secretary of Defense, the Administrator of the Small Business Administration, and the Director of the National Science Foundation, or their respective designees, and not to exceed ten other members appointed by the President from the public at large.

(c) The Secretary of State and the Director of the Office of Science and Technology, or their designees, may sit with the Commission as observers.

Sec. 2. Functions of the Commission. The Commission shall recommend to the President steps to ensure that the patent system will be more effective in serving the public interest in view of the complex and rapidly changing tchnology of our time. Specifically, it shall direct its efforts toward (1) ascertaining the degree to which our patent system currently serves our national needs and international goals, (2) identifying any aspects of the system which may need change, (3) devising possible improvements in the system, and (4) recommending any leg. islation deemed essential to strengthen the United States patent system. In carrying out its evaluation, and in achieving these objectives, the Commission shall make an independent study of the existing patent system of the United States including its relationship to international and foreign patent systems, inventive activity and the administration of the system.

Sec. 3. Administrative arrangements. (a) Each member of the Commission who does not concurrently hold other compensated office or employment under the United States shall receive such compensation as shall be fixed in accordance with the standards and procedures of the Classification Act of 1949, as amended, or such other laws or procedures as may be applicable, and may also receive travel expenses and per diem in lieu of subsistence as authorized by law (5 U.S.C. 731-2) for persons in the Government service employed intermittently.

(b) The Department of Commerce is hereby designated as the agency whicb principally shall provide the Commission with necessary administrative facilities

and services, including such advice as may be necessary to aid the Commission in the performance of its functions hereunder.

(c) Each Federal department or agency the head of which is referred to in Section 1(b) of this order shall, as may be neecssary, furnish assistance to the ('ommission to accomplish the purposes of this order, in accordance with the provisions of Section 214 of the Act of May 3, 1945 (59 Stat. 134; 31 U.S.C. 691). Such assistance may include the detailing of employees to the Commission, one of whom may serve as its Executive Secretary, to perform such functions consistent with the purposes of this order as the Commission may assign to them.

(d) Each Federal department or agency shall, consonant with law and within the limits of available funds, cooperate with the Commission in carrying out its functions under this order. Such cooperation shall include, as may be appropriate, (1) furnishing relevant available information, (2) preparing reports or studies pursuant to requests by the Chairman, and (3) advising the Commission on its work pursuant to requests by the Chairman.

(e) The Commission shall have access to the records of the Patent Office and to other records of the Department of Commerce relating to patents, insofar as is not inconsistent with law.

Sec. 4. Reports; termination of Commission. (a) The Commission shall transmit to the President a preliminary report within one year after the date of this order and such interim reports as it shall deem appropriate. It shall submit its final report and recommendations to the President not later than 18 months after the date of this order.

(b) The Commission shall terminate not later than thirty days after date of transmittal of its final report to the President.

Sec. 5. Revocation. Executive Order No. 8977 of December 12, 1941, entitled “Establishing the National Patent Planning Commission," is hereby revoked.

LYNDON B. JOHNSON THE WHITE HOUSE,

April 8, 1965.

(F.R. Doc. 65–3853 ; Filed, Apr. 9, 1965 ; 11:49 a.m.) Mr. KASTENMEIER. You referred to an omitted paragraph in H.R. 5924, present section 114.

Do you have the text of that?
I think that ought to be made a part of the record, too.

Mr. BRENNER. Yes, sir. The provision we would add to H.R. 5924 would be:

When the invention relates to a composition of matter, the Commissioner may require the applicant to furnish specimens or ingredients for the purpose of inspection or experiment.

Mr. KASTENMEIER. Now, we have put into the record, the Presidential order establishing the Commission. It probably would be appropriate at this time, to also, without objection, put into the record the report of the President's Commission on the Patent System, entitled "To Promote the Progress of Useful Arts in an Age of Exploding Technology.”

Actually, this comes to us as appendix B of Dr. Hollomon's statement.

Dr. HOLLOMON. That is correct.
Mr. KASTENMEIER. Without objection, that will be done.
(The report of the President's Commission is as follows:)

DR. HOLIOMON'S STATEMENT

APPENDIX B

"To Promote The Progress of

...Useful Arts"

In An Age of Exploding Technology

REPORT OF THE PRESIDENT'S COMMISSION

ON THE PATENT SYSTEM

November 17, 1966. The PRESIDENT, The White House, Washington, D.C. DEAR MR. PRESIDENT:

We have the honor to present the report of the President's Commission on the Patent System.

Your Commission was established by Executive Order No. 11215, on April 8, 1965, and the membership was announced on July 23, 1965. The Commission has held thirteen meetings, beginning August 15, 1965, each meeting lasting from one to four days, for a total of thirty-one days.

The recommendations conveyed in this report have been developed through study and discussion by the members of the Commission and, as a whole, represent their combined judgment and general agreement. The recommendations, in all of their details, however, do not necessarily bear the endorsement of every member.

Background material prepared by the staff and the Commission, reflecting more extensively the considerations taken into account in the development of these recommendations, is being completed and will be transmitted as a supplement to the report.

The principal objectives of the Commission's study are set forth in the Introduction. To the extent that the Commission's recommendations promote the attainment of these objectives, they will assist in furthering the mission of the United States patent system—to promote the progress of useful arts, advance the standard of living everywhere, and contribute toward world peace and tranquillity.

One point, Mr. President, merits emphasis. The accompanying recommendations should not be regarded as a catalogue of

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