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PATENT LAW REVISION

HEARINGS

BEFORE THE

SUBCOMMITTEE ON PATENTS, TRADEMARKS, AND COPYRIGHTS

OF THE

COMMITTEE ON THE JUDICIARY
UNITED STATES SENATE

NINETY-SECOND CONGRESS

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COMMITTEE ON THE JUDICIARY

JAMES 0. EASTLAND, Mississippi, Chairman JOHN L. MCCLELLAN, Arkansas

ROMAN L. HRUSKA, Nebraska SAM J. ERVIN, JR., North Carolina HIRAM L. FONG, Hawaii PHILIP A. HART, Michigan

HUGH SCOTT, Pennsylvania EDWARD M. KENNEDY, Massachusetts STROM THURMOND, South Carolina BIRCH BAYH, Indiana

MARLOW W. COOK, Kentucky QUENTIN N. BURDICK, North Dakota CHARLES MCC. MATHIAS, JR., Maryland ROBERT C. BYRD, West Virginia

EDWARD J. GURNEY, Florida JOHN V. TUNNEY, California

SUBCOMMITTEE ON PATENTS, TRADEMARKS, AND COPYRIGHTS

JOHN L. MCCLELLAN, Arkansas, Chairman PHILIP A. HART, Michigan

HUGH SCOTT, Pennsylvania
QUENTIN N. BURDICK, North Dakota HIRAM L. FONG, Hawaii

THOMAS C. BRENNAN, Chief Counsel
EDD, N. WILLIAMS, Jr., Assistant Counsel

(11)

CONTENTS

Statement of-

Raymond E. Johnson, general counsel, Electronic Industries Asso-

ciation.

John A. McKinney, vice president, Johns-Manville Corp., on behalf

of the National Association of Manufacturers (NAM)---

S. W. Herwald, vice president, Engineering and Development, West-

inghouse Electric Corp---

Marvin R. Jones, manager of Research and Development, Cameron

Iron Works, Houston, Tex...

Robert W. Beart, senior vice president, Illinois Tool Works, Inc., on

behalf of the Illinois Manufacturers Association.--

Jackson B. Browning, Vice President (Technology), Carbon Products

Division, Union Carbide Corp., on behalf of the Chamber of Com-

merce of the United States..

James T. Lynn, Under Secretary of Commerce, accompanied by

William E. Schuyler, Jr., Commissioner of Patents, and Rene D.

Tegtmeyer, Assistant Commissioner of Patents...

Richard W. McLaren, Assistant Attorney General, Antitrust Division,

accompanied by Bruce B. Wilson, Chief, Consumer Affairs Section,

and Richard H. Stern, Chief, Patents Unit--

Edward J. Brenner, U.S. Commissioner of Patents (1964-69).

Alan Ward, Director, Bureau of Competition, Federal Trade Com-

mission, accompanied by Alan Ransom..

Prof. Donald Turner, Harvard Law School.

Prof. Harlan Blake, Columbia Law School --

Stanley M. Clark, Patent counsel, Firestone Tire & Rubber Co..

Martin Adelman, attorney, Birmingham, Michigan.,

Austin R. Miller, president, Philadelphia Patent Law Association,

accompanied by James A. Drobile, chairman, Antitrust Subcom-

mittee of Legislative Committee of Philadelphia Patent Law Asso-

ciation -

Walter W. Beachboard, secretary, Smith, Kline, & French Labora-

tories.

Dr. Robert W. Cairns, vice president for Research, Hercules, Inc.-

William P. Cole, president, Rubber Crafters, Inc.

Dr. Chalmer G. Kirkbride, retired vice president for Research and

Engineering, Sun Oil Co..

Nathaniel R. French, president of the American Patent Law Asso-

ciation, accompanied by Thomas F. Fisher and George W. Whitney -

B. R. Pravel, chairman, National Council of Patent Law Association.

373

395

(III)

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TUESDAY, MAY 11, 1971

U.S. SENATE, SUBCOMMITTEE ON PATENTS, TRADEMARKS, AND COPYRIGHTS,

COMMITTEE ON THE JUDICIARY,

Washington, D.C. The subcommittee met, pursuant to notice, at 10 a.m., in room 3302, New Senate Office Building, Senator John L. McClellan (chairman of the subcommittee) presiding.

Present: Senators McClellan (presiding), Fong, and Scott.

Also present: Thomas C. Brennan, chief counsel and Edd N. Williams, Jr., assistant counsel.

Senator McCLELLAN. The committee will come to order.
The Chair will make a brief opening statement.

The subcommittee is today resuming the hearings on patent law revision. The purpose now is to hear testimony on those patent issues which have developed since the conclusion of the extensive hearings on the Report of the President's Commission on the Patent System, and the bills that were introduced as a result of that report. Because of the change in administration, the subcommittee has delayed reporting legislation for a general revision of the patent laws awaiting the views of this administration.

The amendments introduced to S. 643, the pending patent revision bill by the minority leader clearly raise the most important issue before the subcommittee to be considered in these hearings. These amendments present complex public policy and legal issues touching upon the viability of our patent system, the investment of capital, the competitive free enterprise system, and international trade.

I currently have no position concerning the specific provisions of Senator Scott's amendments. However, I reject the contention that it is not appropriate or desirable for the Congress to enumerate the rights of patent owners, but that any necessary clarification should be provided by judicial decisions and the public statements of officials of the executive branch. I think Congress has a role to play and a duty to perform in connection with this problem. When significant differences of opinion exist as to what patent practices are in the public interest, the Congress should resolve the issue. The minority leader has indicated that he is not committed to any particular text. It is quite likely that constructive suggestions for clarification of the Scott amendments will be made.

The subcommittee has sought to have all viewpoints represented in these hearings. I have been advised by the staff that any person who requested an opportunity to be heard in opposition to the Scott amendments has been allocated time for his testimony.

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