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UNITED STATES PATENTS

(PROCESS PATENTS ON PHOSPHATE ROCK)

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LEON SACKS, Pennsylvania, Chairman

LAWRENCE J. CONNERY, Massachusetts KARL STEFAN, Nebraska
GOMER SMITH, Oklahoma

ROBERT LUCE, Massachusetts

DEWEY W. JOHNSON, Minnesota

II

LIBRARY OF CONGRESS

JUL 2 0 1938

DIVISION OF DOCUMENTS

P425

1938

соруз

CONTENTS

Page

Brand, Charles J., executive secretary and treasurer, National Fertilizer
Association, statement of._

20

6

Article from manufacturers record, June 1938-

108

107

105

Ould, R. S., patent lawyer, brief.

Smith, J. P., vice president, the Visking Corporation, letter-

Soil Conservation, House Document No. 672, Seventy-fifth Congress..
Soviet Apatite, brief concerning the importation into the United States of
America__

Turner, Hon. C. W., Representative from Tennessee, letter-

Watson, Warren N., secretary, Manufacturing Chemists' Association, brief_

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The subcommittee met at 10 a. m., Hon. William I. Sirovich, presiding.

Mr. SIROVICH. Will the reporter kindly note the presence of three members of the subcommittee, constituting a quorum-Mr. Luce, Mr. Stefan, and myself. Congressman Connery will be here a little later and Congressman Gomer Smith is on his way from Oklahoma, and Congressman Sacks is in Philadelphia.

The hearing is called on H. R. 7851, a bill introduced by Congressman Peterson of Florida, which provides for the protection of certain patent owners and for other purposes. The bill reads:

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the importation for use, sale, or exchange of a product made, produced, or mined under or by means of a process covered by the claims of any outstanding United States letters patent heretofore or hereafter issued except where such articles or products or produced, mined, or processed under authority of the owner of such patent, shall be deemed a violation of the right of the patentee.

Before we go on with the hearing, as is the custom of this committee, Congressman Peterson, of which you were once one of our distinguished members, I wrote a letter to the Commissioner of Patents and asked him for a report. With your respectful indulgence, I will read that:

Hon. WILLIAM I. SIROVICH,

DEPARTMENT OF COMMERCE,

UNITED STATES PATENT OFFICE,
Washington, December 10, 1937.

Chairman, House Committee on Patents,

Washington, D. C.

MY DEAR MR. CHAIRMAN: This is in reply to your letter of December 3, 1937, requesting my views on H. R. 7851 introduced by Congressman Peterson of Florida.

The purpose of the bill is to protect the owner of a United States process patent against the importation of a product fabricated abroad in accordance with the patented process. To this end, the bill proposes to amend the law to make such an importation, if unauthorized, a violation of the rights of the patentee.

There are two different methods of accomplishing the intended result. The first of these is to amend the patent laws as proposed in H. R. 7851. The other is to amend the Tariff Act of 1930 as proposed in a companion bill H. R. 5725,

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