Lapas attēli

H. Hume Mathews
Director of Patent and Licensing

New Providence, New Jersey
Julian A. McDermott
Julian A. McDermott Corp.
Ridgewood, New York
John P. McGann
Patent Attorney
Patent Department
United Merchants and

Manufacturers, Inc.
New York, New York
John J. McGlew
McGlew and Tuttle, P.C.
New York, New York
John A. McKinney
Patent Counsel
Johns-Manville Products Corporation
Denver, Colorado
Robert II. McLemore
Otis Engineering Corporation
Dallas, Texas
Richard M. Megley
General Patent Counsel
U'SM Corporation
Beverly, Massachusetts
R. S. Melvin
Executive Vice President
The Anderson Company
Gary, Indiana
Thomas L. Moorhead
Patent Department
Nordson Corporation
Amherst, Ohio
Orville C. Morrison
Sunroc Corporation
Glen Riddle, Pennsylvania
Harry E. Mowry
(hairman & President
Miller Printing Machinery Company
Pittsburgh, Pennsylvania
David J. Mugford
Patent & Trademark Counsel
Brisol-Myers Company
New York, New York
Francis X. Murphy
Director of Patents
Pfizer Inc.
New York, New York
John B. Murphy
Director of Product Plannins.
('ongoleum Industries, Inc.
Kearny, New Jersey

Meyer Neishloss
Patent Counsel
Gulf Oil Corporation
Pittsburgh, Pennsylvania
David L. Nelson
Industrial Vucleonics Corporation
Columbus, Ohio
Pauline Newman
Patent Department
FMC Corporation
New York, New York
Thomas L. O'Brien
Chief Patent Counsel
Union Carbide Corporation
New York, New York
Eric D. Offner
Haseltine, Lake & Waters
New York, New York
J. J. O'Keefe, Jr.
Manager of Patents
Bethlehem Steel Corporation
Bethlehem, Pennsylvania
Harry R. Olsson, Jr.
General Attorney
Columbia Broadcasting System, Inc.
New York, New York
John W. Overman
Patent Counsel
Owens-Corning Fiberglas Corporation
Toledo, Ohio
Newell T. Partch
Vice President
Up-Right Scaffolds
Division of t'p-Right Inc.
Berkeley, California
(iarence R. Patty, Jr.
Assistant Secretary & Director
Patent Operations
('orning Glass Works
('orning, New York
Russell G. Pelton
Senior Vice President
North American Philips Corporation
New York, New York
Merle A. Plummer
Research Engineer
Myers Electric Products, Inc.
Montebello, California
Donald E. Porter
General Corporate Attorney
Kearney & Trecker Corporation
West Allis, Wisconsin
Kenneth G. Preston
!!!*l'atent Counsel
Gwland, Ohio

George W. Price

Robert S. Sanborn Staff Vice President

Manager Patents

Patent Department AMF Incorporated

International Paper Company White Plains, New York

New York, New York Carl B. Pritchard, Jr.

Elwood J. Schaffer President

Patent ('ounsel Scottdale Machine, Foundry and

American Smelting and Refining Construction Co.

Company Scottdale, Pennsylvania

New York, New York Charles A. Prudell

Walter L. Schlegel, Jr. General Patent Attorney

Assistant Secretary & Chief Patent McGraw-Edisou Company

Attorney Elgin, Illinois

Amsted Industries Incorporated Dr. Leonard T, Prusak

Chicago, Illinois General Patent Counsel

Richard L. Schmalz Johnson & Johuson

General Patent Counsel New Brunswick, New Jersey

Westvaco Corporation Robert P. Redner

New York, New York Vice President

George S. Schwind General Filters, Inc.

Patent (ounsel Novi, Michigan

Crane ('o. Allan R. Redrow

New York, New York Patent (ounsel

Robert L. Shafter Norton Company

Counsel Worcester, Massachusetts

Copyrights & Trademarks John V. Regan

Xerox Corporation Staff Vice President

Stamford, Connecticut Patent Operations

Joseph L. Sharon R(A Corporation

Patent Counsel Princeton, New Jersey

Otis Elevator Company (. Cornell Remsen

New York, New York General Patent Counsel

Melvin Sharp International Telephone and

Group Patent ('ounsel Telegraph Corporation

Texas Instruments Incorporated Sew York, New York

Dallas, Texas (harles F. Renz

John R. Shipman Assistant General Patent Counsel Director of International Patent Westinghouse Electric Corporation Operations Churchill, Pittsburgh, Pennsylvania International Business Machines John M. Richman

Corporation Vice President and General Counsel

Armonk, New York Kraftco Corporation

John L. Shortley Glenview, Illinois

General Patent (ounsel Robert H. Robinson

Massey-Ferguson Limited Patent Counsel

Detroit, Michigan ESB Incorporated

John F. Sieberth l'hiladelphia, Pennsylvania

Associate Patent Counsel Stephen A. Roen

Ethyl ('orporation
Patent Counsel

Baton Rouge, Louisiana
GTE International, Incorporated Edward J. Sites
New York, New York

Patent ('ounsel
Russell L. Root

Certain-teed Products Corporation Patent Counsel

Valley Forge, Pennsylvania Addressograph Multigraph Corporation Leroy F. Skubic ('leveland, Ohio

President Frank C. Rote

The Paltier Corporation
Assistant Secretary and General Michigan City, Indiana
Patent Counsel

John L. Snaido
The General Tire & Rubber Company Director
Akron, Ohio

Patents and Licensing
Kennecott Copper Corporation
New York, New York

William D. Soltow, Jr.
Corporate Patent Counsel
Pitney-Bowes, Inc.
Stamford, Connecticut
Willard R. Sprowls
Assistant Chief Patent Counsel
New York, New York
Donald Stone
Chief Legal Counsel
Medtronic, Inc.
Minneapolis, Minnesota
David S. Stump
Executive Vice President
Jackson & Perkins Company
Medford, Oregon
Herbert S. Sylvester
Patent Counsel
Colgate-Palmolive Company
New York, New York
George W. Talburtt
(hief Patent Counsel
Chrysler Corporation
Detroit, Michigan
Joseph R. Teagno
General Patent Counsel
Eaton Corporation
Cleveland, Ohio
Robert T. Teeter
Patent Counsel
Aluminum Company of America
New Kensington, Pennsylvania
B. Tharp
Patent Counsel
Atlantic Richfield Company
Philadelphia, Pennsylvania
John C. Thompson
Patent Counsel
Sperry- New Holland
Sperry Rand Corporation
New Holland, Pennsylvania
William F. Thornton
Chief Patent Counsel
The Bendix Corporation
Southfield, Michigan
Alfred H. Trepte
Trepte's Wire & Metal Works Inc.
Paramount, California
Richard R. Trexler
Partner (For the Wurlitzer Co.)
Olson, Trexler, Wolters & Bushnell
Chicago, Illinois
S. Maynard Turk
Patent Department
Hercules Incorporated
Wilmington Delaware

Theodore Van Meter
Vice President
General Counsel
V’ickers Division of
Sperry Rand Corporation
Troy, Michigan
Hilmond 0. Vogel
Chief Patent Counsel
Pullman Incorporated
Hammond, Indiana
Eric H. Waters
Senior Partner
Haseltine, Lake & Waters
New York, New York
Samuel L. Welt
Assistant Vice President
and Chief Patent Counsel
Hoffman-La Roche Inc.
Nutley, New Jersey
Orland W. Wilcox
Executive Vice President
Sierra Engineering Co.
Sierra Madre, California
Chester A. Williams, Jr.
Assistant Vice President &

Chief Patent & Tradeniark counsel
The Singer Company
New York, New York
Olin E. Williams
Patent Counsel
Koppers Company, Inc.
Pittsburgh, Pennsylvania
Thomas A. Wilson
General Patent Counsel
New York, New York
Herbert J. Winegar
General Patent Attorney
Western Electric Company, Inc.
New York, New York
Richard A. Wise, Esq.
General Patent Counsel
USM Corporation
Boston, Massachusetts
Kenneth C. Witt
General Patent Counsel
Clark Equipment Company
Buchanan, Michigan
Richard C. Witte
Patent Division
The Procter & Gamble Company
Cincinnati, Ohio
James W. Wright
Corporate Patent Attorney
Lord Corporation
Erie, Pennsylvania
Eugene C. Ziehm
Patent Counsel
Carnation Company
Los Angeles, California

Mr. BRENNAN. Mr. Chairman, the final witness in this series of hearings is Mr. Milton Weissman.

Senator Hart. Mr. Weissman. You are a patient man.

Mr. BRENNAN. Mr. Weissman, you have a rather lengthy prepared statement and I think it will accommodate the hearing if we place it in the record.

Senator Hart. That is because he is an author and an editor.

Mr. BRENNAN. It would accommodate the subcommittee considerably if you would have it printed in full in the record and then focus all of your testimony on the five issues that are included in the hearing.

Senator Hart. It will be printed in full.

Mr. WEISSMAN. Senator Hart, I will try to concentrate on the matters that really haven't been discussed too much.



Mr. WEISSMAN. By way of introduction, my name is Milton Weissman. I am a primary examiner in the U.S. Patent Office. I have close to 29 years of experience in patent examination and over 2 years of experience in patent classification and retrieval systems. I am also the editor-in-chief of the journal of the Patent Office Society, to which I was appointed in April of 1967. Before that I was appointed as the assistant editor in February of 1963, so I have over 10 years of experience, of editorial experience, in patent-related matters.

Now I think I want to make clear that the opinions expressed in the prepared statement are fully my own, and they don't represent and I don't want them to be judged as representing or having been adopted by any organization of which I am a member.

Senator Hart. Fine.

Mr. WEISSMan. Now, the first section of the prepared statement is entitled, “Patent Invalidity: A Crisis for the United States Patent System."

Almost all recent dicussion, either written or oral, dealing with the subject of the invalidity of patents is based on the premise, either stated expressly or implied, that the courts are applying a standard of patentability which is far too strict. Now it is high time indeed that the opposite side of the coin be closely scrutinized. The conduct of those responsible for the issuance of patents should be questioned, and this is true regardless of whether or not one agrees that the courts are applying a too strict standard of patentability.

Now, do the officials of the Patent Office really care about the validity of the patents which are issued from their agency, as long as the production goals which they set for the patent examiners concerning the disposal of patent applications are met? The official position of the Patent Office is that they do desire the issuance of patents of the highest possible validity. But, in view of their actual conduct concerning production goals, this position must be viewed as at least open to question. As long as the officials of the Patent Office demand greater production of disposals each year, even though the number of examiners remains about the same and the amount of prior art to be searched increases ominously each year, it is difficult indeed for anyone with an objective viewpoint to be convinced that they are paying anything more than lip service to the concept of the highest possible patent validity.

23-932 0.74 - 29

Nor are the others involved in the issuance of invalid patents to be considered entirely blameless. Do patent attorneys and their clients, the inventors, really care anything about the validity of the patents issued to them, as long as they can obtain these patents (which may or may not be valid)? Here again all concerned take the position that they only want patents of the highest possible validity to be issued. But again, in view of their actual conduct in the prosecution of patent applications, their strict adherence to this viewpoint is open to question. Is it too much to ask, for examplethat they at least disclose to the Patent Office the best prior art of which they are aware? Then the examination process could be focused on the issue of whether or not patentable subject matter has been disclosed, in view of the examiner's and the applicant's best prior art, which is the best possible way to buttress the presumption of validity accorded to patents by statute.

Furthermore, the attitude of the patent bar toward any proposa for altering the present patent system, even though expressly designed to aid in the goal of having patents of greater validity issued by the Patent Office, can at best be described as merely lukewarm. Is it really too much to ask that they put aside self-interest at least to some extent, to pursue a goal of having patents of the highest possible validity issued by the Patent Office ?

Now, the Patent Office has always had a tremendous problem, i.e.. insufficient time in which to perform a proper examination of a patent application, without any solution therefor. I want to call attention to the following statement by Mr. Donald Brown, then vice president and patent counsel of Polaroid Corp., which appeared at pp. 266-267 of "Hearings before the Subcommittee on Patents. Trademarks, and Copyrights of the Committee on the Judiciary, United States Senate, 84th Congress, 1st Sess.," back in 1955. This is his statement.

We believe that the present shortage of Patent Office personnel makes it impossible for the examiners adequately to search the art if the work of the Office is to be kept on a reasonably current footing. For example, it is our common practice, even in fields in which we are reasonably expert, to search the art before introducing a new product commercially. These searches, which are usually limited to U.S. patents of the last 15 or 20 years, may average 4 to 5 days of one mans time. An exhaustive literature search, such as we make if we are charged with infringement of anothers patent, may run from 10 to 20 days of one man's time or even longer. As opposed to this, it is our under standing that the Patent Office's examiners on the average, can devote not more than one-half day to the preparation of each Office action. *** We do not believe that it is possible, even for a skilled examiner familiar with the art, to make an adequate search and to consider a new specification or a fairly complete amendment within a period of 3 or 4 hours. **. We feel that today much of the technical literature is not searched by the Patent Office examiners. We know that our own searches invariably develop references which we believe are closer than those developed by the Office.

Since at that time a patent application normally received three office actions, the last one being final, it received about 12 hours of

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