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 44515 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 THOMAS J. DODD, Connecticut 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 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. CONTENTS Page 1 344E LO LO CO CO 67 Part one. Inventions made by Government employees: II. The act of 1910 and the 1952 amendment thereto. _ B. Public Law 582 (82d Cong.), July 7, 1952- 3. Significant testimony and comments.. III. The act of 1883 and the 1928 amendment thereto. - B. Bills introduced and considered, 1919-25- 1. S. 5066, Jan. 24, 1919 (Mr. Chamberlain), 65th 4. H.R. 3267, Dec. 10, 1924 (Mr. Lampert), 68th Cong Cong. C. Public Law 325 (70th Cong.), Apr. 30, 1928- VI. Awards for suggestions or inventions of Government employees- B. Legislative enactments, 1946 to date.. 1. Public Law 600 (79th Cong.), Aug. 2, 1946- |