COMMITTEE ON THE JUDICIARY EIGHTY-FOURTH CONGRESS SECOND SESSION ON S. 116 and H. R. 2128 AN ACT TO AUTHORIZE THE EXTENSION OF PATENTS MAY 4 AND JUNE 13, 1956 Printed for the use of the Committee on the Judiciary SUBCOMMITTEE ON PATENTS, TRADEMARKS, AND COPYRIGHTS JOSEPH C. O'MAHONEY, Wyoming, Chairman OLIN D. JOHNSTON, South Carolina II ALEXANDER WILEY, Wisconsin CONTENTS Brooks, Hon. Jack, United States Representative fro.n the Second Carpenter, Mrs. Estelle R., Cleveland, Ohio--- Crumpacker, Hon. Shepard J., Jr., United States Representative from the Third Congressional District of Indiana__ Curtis, Hon. Laurence, United States Representative from the Fisher, Hon. O. C., United States Representative from the 21st Congressional District of Texas (presented by Joe Swanner) - - - - - Frelinghuysen, Hon. Peter, United States Representative from the Fifth Congressional District of New Jersey. Harris, Ray M., patent adviser, Office of the Assistant Secretary of Hitzman, Harry H., attorney at law, Chicago, Ill Hooper, Mr. William E., vice president, William E. Hooper & Sons MacCutcheon, Richard H., patent attorney.. Vonckx, Paul N., vice president of International Shoe Machine Corp., officer and director of Patent Equity Association - Washington, George, Jr., Morristown, N. Y.. Whiting, Richard B., chairman, committee on patent legislation, Letters and additional material submitted for consideration— Letter from the Secretary of Commerce dated May 3, 1956... Letter from William P. Rogers, Deputy Attorney General, Department Letter from Adm. W. H. Sheely, Acting Judge Advocate General of Letter from Wendell B. Barnes, Administrator, Small Business Ad- ministration, enclosing letter from Roger W. Jones, Assistant Director of Legislative Reference, Executive Office of the President, Bureau of the Budget, addressed to the Small Business Adminis- Letter from James E. Toomey, chairman of committee on legislation, patent, trademark and copyright section, American Bar Associa- Letters and additional material submitted for consideration-Continued Letter from Henry A. Carey, Jr., enclosing proposed amendment to Letter from Max Leverton, president, Shoup Voting Machine Corp-- House Report No. 1297 of the 84th Congress, containing majority PATENT EXTENSION FRIDAY, MAY 4, 1956 UNITED STATES SENATE, SUBCOMMITTEE ON PATENTS, TRADEMARKS, AND Washington, D. C. The subcommittee met, pursuant to notice, at 10:40 o'clock a. m., in room 424, Senate Office Building, Senator Joseph E. O'Mahoney (chairman of the subcommittee) presiding. Present: Senators O'Mahoney (presiding) and Dirksen. Also present: Marcus A. Hollabaugh, chief counsel, subcommittee; Robert Kilgore, member professional staff, and George S. Green, member professional staff. Senator O'MAHONEY. The subcommittee will come to order. We are assembled this morning to consider H. R. 2128. I will ask Mr. Green to read the bill into the record in the first instance, because I think it is important that everybody who desires to testify about it shall have in mind exactly what the bill proposes to do. Let me say that the hearing was postponed, as everybody knows, because of the unfortunate death of Senator Barkley, and the obligation which many of us felt to attend his funeral services. I felt that obligation because I served with him throughout his period of leadership in the Senate and his period in the Vice-Presidency. And so it was necessary for me to postpone this hearing and two other hearings. I shall, therefore, ask the witnesses to comply with the suggestion which has been made by Mr. Green: that statements of opinion be filed, statements of fact be filed, so far as possible, and that when you are called to the stand you proceed as summarily as possible to state the point at issue as you see it. In order that the point be made clear, I am asking Mr. Green to read the bill. Mr. GREEN. Mr. Chairman, this is the time set for hearing on H. R. 2128 and S. 116, presently before the Congress. [Reading:] To authorize the extension of patents covering inventions whose practice was prevented or curtailed during certain emergency periods by service of the patent owner in the Armed Forces or by production controls Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) if at any time during any of the periods specified in subsection (d) of this section (1) the term of any patent of the United States including time during which any individual or individuals, owning solely or jointly with his spouse or their spouses the entire interest in such patent, was or were performing honorable service on active duty in the Army, Navy, Air Force, Marine Corps, or Coast Guard, which service prevented or substantially curtailed the normal use, exploitation, promotion, or development of the patent; or (2) the normal use, exploitation, promotion, or development of the inventions described and claimed in any patent of the United States was prevented |