PATENT LAW REVISION HEARINGS BEFORE THE SUBCOMMITTEE ON PATENTS, TRADEMARKS, AND COPYRIGHTS OF THE COMMITTEE ON THE JUDICIARY NINETY-SECOND CONGRESS COMMITTEE ON THE JUDICIARY JAMES O. EASTLAND, Mississippi, Chairman JOHN L. MCCLELLAN, Arkansas EDWARD M. KENNEDY, Massachusetts QUENTIN N. BURDICK, North Dakota ROBERT C. BYRD, West Virginia JOHN V. TUNNEY, California ROMAN L. HRUSKA, Nebraska HUGH SCOTT, Pennsylvania STROM THURMOND, South Carolina CHARLES MCC. MATHIAS, JR., Maryland SUBCOMMITTEE ON PATENTS, TRADEMARKS, AND COPYRIGHTS PHILIP A. HART, Michigan HUGH SCOTT, Pennsylvania QUENTIN N. BURDICK, North Dakota HIRAM L. FONG, Hawaii THOMAS C. BRENNAN, Chief Counsel (11) CONTENTS Statement of Page Raymond E. Johnson, general counsel, Electronic Industries Association. 185 John A. McKinney, vice president, Johns-Manville Corp., on behalf 194 197 Marvin R. Jones, manager of Research and Development, Cameron 200 203 Robert W. Beart, senior vice president, Illinois Tool Works, Inc., on James T. Lynn, Under Secretary of Commerce, accompanied by 206 228 265 286 Alan Ward, Director, Bureau of Competition, Federal Trade Com- 299 308 320 Stanley M. Clark, Patent counsel, Firestone Tire & Rubber Co.. 322 336 Austin R. Miller, president, Philadelphia Patent Law Association, accompanied by James A. Drobile, chairman, Antitrust Subcommittee of Legislative Committee of Philadelphia Patent Law Association... 345 Walter W. Beachboard, secretary, Smith, Kline, & French Laboratories. 352 Dr. Robert W. Cairns, vice president for Research, Hercules, Inc. - 357 362 Dr. Chalmer G. Kirkbride, retired vice president for Research and Nathaniel R. French, president of the American Patent Law Asso- 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 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. |