HEARINGS 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 73601 1961 Printed for the use of the Committee on the Judiciary DOCU US. GOVERNMENT PRINTING OFFICE WASHINGTON: 1961 COMMITTEE ON THE JUDICIARY JAMES O. EASTLAND, Mississippi, Chairman ESTES KEFAUVER, Tennessee JOHN A. CARROLL, Colorado EDWARD V. LONG, Missouri WM. A. BLAKLEY, Texas ALEXANDER WILEY, Wisconsin EVERETT MCKINLEY DIRKSEN, Illinois ROMAN L. HRUSKA, Nebraska KENNETH B. KEATING, New York NORRIS COTTON, New Hampshire SUBCOMMITTEE ON PATENTS, TRADEMARKS, AND COPYRIGHTS JOHN L. MCCLELLAN, Arkansas, Chairman OLIN D. JOHNSTON, South Carolina PHILIP A. HART, Michigan ESTES KEFAUVER, Tennessee ALEXANDER WILEY, Wisconsin NORRIS COTTON, New Hampshire CONTENTS Kathryn Arnow, National Science Foundation_ Graeme C. Bannerman, Deputy Assistant Secretary of Defense (Procurement); accompanied by Howard Williamson, Specialist in Patent Matters, Office, Deputy Assistant Secretary of Defense (Procurement), R. Tenney Johnson, Office of General Counsel, Department of Defense, and Maj. Joseph A. Hill, Chief Patent Carl E. Barnes, vice president, research, Minnesota Mining & Manu- Joseph Campbell, Comptroller General of the United States; accom- Adm. L. D. Coates, USN, Chief of Naval Research, Department of the Navy; accompanied by Capt. Robert A. Fitch, USN, Assistant Chief, Office of Naval Research for Patents and Patent Counsel, and Dr. Shirleigh Silverman, Director of the Research Group, Maj. Gen. Marcus F. Cooper, Deputy Chief of Staff, Research and Engineering, Air Force Systems Command; accompanied by William Munves, Assistant General Counsel (Procurement), Department of the Air Force; Paul Sherwood, Patents Division, Staff Judge Advocates Office, Air Force Systems Command; and Maj. Jack A. Cunningham, Procurement Policy and Procedures Division, Deputy Chief of Staff, Materiel___ Floyd H. Crews, chairman, American Bar Association, patent, trade- Paul F. Hannah, vice president and general counsel, Raytheon Co.; 251 230 163 280 259 H. M. Horner, vice chairman of the board of governors of the Aero- 240 201 Daggett H. Howard, General Counsel, Federal Aviation Agency; accompanied by John Donohue, Chief Contracts Division, Bureau of Research and Development; Philip I. Ryther, Chief, Materiel Policy Division, Office of Management Services; and Douglas L. Siegel, attorney, Office of General Councel, Federal Aviation John A. Johnson, General Counsel, National Aeronautics and Space Statement of-Continued Augustus B. Kinzel, on behalf of the Manufacturing Chemists' Page Lee Loevinger, Assistant Attorney General, Antitrust Division, Department of Justice; accompanied by John T. Duffner, Executive Assistant, Antitrust Division, and William J. Lamont, Antitrust Division, Department of Justice.. Hon. Russell B. Long, a U.S. Senator from the State of Louisiana. Harold S. Meyer, representing the National Association of Manu- facturers, accompanied by Ray Bennett, National Defense and Patent Committee, National Association of Manufacturers____ Neil Naiden, General Counsel, Atomic Energy Commission, accom- panied by Roland Anderson, Assistant General Counsel for Patents, Richard A. Weiss, Deputy and Scientific Director of the Office of A. Addresses by Senator Russell B. Long entitled "Federal Patent Policy" before the U.S. Senate, May 3, 1960, and May 31, 1960....... B. Letter from Dr. Alan T. Waterman, Director, National Science Founda- tion, to Hon. John L. McClellan, chairman, Subcommittee on Pat- ents, Trademarks, and Copyrights, dated April 19, 1961, statement of views on S. 1084 and S. 1176. C. Additional statement of Adm. L. D. Coates, Chief of Naval Research, on the nature and scope of the Navy's basic research program.. D. Letter from Capt. W. S. Sampson, USN, to Hon. John L. McClellan, dated May 22, 1961, stating the Navy's position with respect to statement of Mr. Lee Loevinger, Assistant Attorney General, Anti- trust Division, Department of Justice, re "Failure To Report In- 210 57 GOVERNMENT PATENT POLICY TUESDAY, APRIL 18, 1961 U.S. SENATE, SUBCOMMITTEE ON PATENTS, TRADEMARKS, AND COPYRIGHTS OF THE Washington, D.C. The subcommittee met, pursuant to call, at 10:05 a.m., in room 2228, New Senate Office Building, Senator John L. McClellan presiding. Present: Senator McClellan. Staff members present: Robert L. Wright, chief counsel, Patents Subcommittee; Herschel F. Clesner, assistant counsel; Thomas A. Brennan, investigator; and George Green, professional staff member, Senate Judiciary Committee. Senator MCCLELLAN. The committee will come to order. The Chair may announce that when we scheduled these hearings it was not anticipated that the Senate would be holding morning session. And, of course, under the rules of the Senate, the committee cannot proceed with hearings unless consent of the Senate is granted for it to proceed while the Senate is in session. That request will be submitted to the Senate at any moment, and we hope the Senate will acquiesce in a request that we may hold hearings while the Senate is in session. In the meantime, however, I shall proceed to make an opening statement with respect to the purpose of these hearings. And if the consent is granted, then we will proceed to hear witnesses. I may say at the outset that this is a hearing in the nature of ascertaining or securing information either in support of or in opposition to proposed legislation. This is not a hearing in which we are conducting an investigation into alleged wrongdoing or alleged inefficiency or lack of economy in Government. And, therefore, we will conduct the hearings on the basis of securing evidence in the nature of advice and opinions as well as securing facts. Therefore, witnesses will not be placed under oath. It will not be that kind of hearing. They will be free to testify regarding opinions and to make recommendations and to make suggestions for the consideration of the committee and the Senate. So to that extent I thought it would be well to make that statement. We will not proceed as an investigating committee where everyone is placed under oath. One reason for making the statement is that when we do proceed on an investigation of wrongdoing we require that two members of the committee be present. We do not have and probably will not have two members of the committee present today. 1 |