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1st Session

GOVERNMENT ASSISTANCE TO INVENTION

AND RESEARCH: A LEGISLATIVE HISTORY

STUDY OF

THE SUBCOMMITTEE ON

PATENTS, TRADEMARKS, AND COPYRIGHTS

OF THE

COMMITTEE ON THE JUDICIARY

UNITED STATES SENATE
EIGHTY-SIXTH CONGRESS, FIRST SESSION

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44515

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Printed for the use of the Committee on the Judiciary

UNITED STATES

GOVERNMENT PRINTING OFFICE

WASHINGTON: 1960

DIVISTON

COMMITTEE ON THE JUDICIARY

JAMES O. EASTLAND, Mississippi, Chairman

ESTES KEFAUVER, Tennessee
OLIN D. JOHNSTON, South Carolina
THOMAS C. HENNINGS, JR., Missouri
JOHN L. MCCLELLAN, Arkansas
JOSEPH C. O'MAHONEY, Wyoming
SAM J. ERVIN, JR., North Carolina
JOHN A. CARROLL, Colorado

THOMAS J. DODD, Connecticut
PHILIP A. HART, Michigan

ALEXANDER WILEY, Wisconsin WILLIAM LANGER, North Dakota 1 EVERETT MCKINLEY DIRKSEN, Illinois ROMAN L. HRUSKA, Nebraska

KENNETH B. KEATING, New York

SUBCOMMITTEE ON PATENTS, Trademarks, aND COPYRIGHTS

JOSEPH C. O'MAHONEY, Wyoming, Chairman

OLIN D. JOHNSTON, South Carolina PHILIP A. HART, Michigan

ALEXANDER WILEY, Wisconsin

ROBERT L. WRIGHT, Chief Counsel
JOHN C. STEDMAN, Associate Counsel
STEPHEN G. HAASER, Chief Clerk

1 The late Hon. William Langer, while a member of this Committee, died on November 8, 1959.

FOREWORD

This study, by Barbara H. Jibrin of the Legislative Reference Service, was prepared for the Subcommittee on Patents, Trademarks, and Copyrights as part of its study of the U.S. patent system, conducted pursuant to Senate Resolution 53 of the 86th Congress, 1st session. Chapters 5-7 of part 2 were written by Catherine S. Čorry, Legislative Reference Service. Prepared under the supervision of John C. Stedman, associate counsel for the subcommittee, it is one of several historical digests covering important and recurring congressional proposals for encouraging invention, research, and development through amendment of the patent laws and other means. Five such histories have previously been published, dealing respectively with the test of "invention," recordation of patent agreements, compulsory licensing, Patent Office fees, and a single court of patent appeals.

How to provide more encouragement, stimulus, and direction to inventive and research effort, both within the Government and outside of it, is a subject that has received increasing attention in recent times. Ás Mrs. Jibrin's study shows, however, inquiries and legislation of this type are not new. Efforts to provide such assistance have taken many forms, including special provisions under the patent laws, such as patent extensions and waiver of patent fees; special governmental awards to both Government employees and private individuals; and the creation of special Government agencies to sponsor, channel, subsidize, and otherwise stimulate and direct research, invention, and creativeness. These latter have included such organizations as the Smithsonian Institution, the National Research Council and Academy of Sciences, the National Inventors Council, the National Science Foundation, and many others. The current interest in these matters is evidenced by the enactment in 1958 of important research and development provisions in the new Space Act and the Small Business Act of 1958. This study includes developments through the end of the 85th Congress in 1958.

This study is presented as a result of the work of Mrs. Jibrin and Miss Corry for the consideration of the members of the subcommittee. It does not represent any conclusion of the subcommittee or its members.

JOSEPH C. O'MAHONEY,

Chairman, Subcommittee_on_Patents, Trademarks, and Copyrights, Committee on the Judiciary, U.S. Senate.

December 28, 1959.

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