377. HAYNES, DELOS G. LETTER ON ADMINISTRATION OF FOREIGN PATENT OFFICES. Journal of the Patent Office Society, volume 19, October 1937, pages 707-726.

An outline of the results of a study of certain features of seven European patent offices operating under the examination system, as distinguished from the registration system. By a patent lawyer of St. Louis, Mo. 378. HOLTZOFF, ALEXANDER. ENEMY PATENTS IN THE UNITED STATES. American Journal of International Law, volume 26, 1932, pages 272-279.

A brief discussion of the effects and results, as far as patents are concerned, of the arbitration between the Central Powers and the United States arising out of the seizure by the United States of enemy-owned ships, patents, and radio stations during World War I.

379. LADAS, STEPHEN P. THE INTERNATIONAL PROTECTION OF INDUSTRIAL PROPERTY. Cambridge, Harvard University Press, 1930, 972 pages.

The major treatise in English on industrial property and its international protection. Section 2: The International Regime of Patents, pages 216-364, is particularly relevant. Has a detailed index and a bibliography. 380. MEINHARDT, PETER. INVENTIONS, PATENTS AND MONOPOLY. Second edition. London, Stevens & Sons, Ltd., 1950, 320 pages.

A useful book on British patents and patent policy. The three parts of the book indicate its scope: inventors and inventions, patent law and practice, and the abuse of patent monopoly. Includes a brief bibliography. 381. MOORE, NELSON. UNIVERSAL PATENTS. George Washington University Law Review, volume 15, April 1947, pages 313-325. Presents the case for an international patent system.

382. NEUMEYER, FRIEDRICH. RESTRAINT OF TRADE BY PATENT LICENSES. Journal of the Patent Office Society, volume 20, July 1938, pages 571-592. A comparison of the approaches to the problem of restraint of trade through patent licenses, taken by the governments of the United States, England, Germany, France, Switzerland, Sweden, Norway, and Austria. 383. PENROSE, EDITH T. ECONOMICS OF THE INTERNATIONAL PATENT SYSTEM. Baltimore, Johns Hopkins Press, 1951, 247 pages.

Contains an economic history and interpretation of the International Patent Convention and the international patent system, and an evaluation of the costs and gains of protecting patentees. Discusses compulsory licensing and international cartels. Contains a chapter on criticisms of the convention and economic principles of its reform. Includes an extensive bibliography of books, articles, and official documents. 384. SPENCER, RICHARD and LAURENCE I. WOOD. THE LEND-LEASE PROGRAM AND POSTWAR PATENT CLAIMS. University of Pennsylvania Law Review, volume 92, June 1944, pages 372-390.

The authors explain the possible patent claim problems that may arise from the many complex situations involved in lease-lend transfers abroad. 385. VAUGHAN, FLOYD L. IMPORTANT DIFFERENCES IN UNITED STATES AND UNITED KINGDOM PATENT SYSTEMS. Journal of the Patent Office Society, volume 33, November 1951, pages 779–799.

A comparison of the major elements in patent law and administration in the two countries.

386. VERNON, RAYMOND. THE INTERNATIONAL PATENT SYSTEM AND FOREIGN POLICY. Study No. 5 of the Subcommittee on Patents, Trademarks, and Copyrights of the Senate Committee on the Judiciary, Washington, U. S. Government Printing Office, 1957, 52 pages (85th Cong., 1st sess., S. Doc. No. 63).

A study of international patenting and the economic effects of this practice upon international trade, foreign investment, technological exchange and development, and its relation to restrictive business practices. The author points out the need for further inquiry and suggests possible revisions and extensions of the International Convention for the Protection of Industrial Property to bring it more in line with modern needs and conditions.

387. VOJACEK, JAN. A SURVEY OF THE PRINCIPAL NATIONAL PATENT SYSTEMS. New York, Prentice-Hall, 1936, 209 pages.

A comparative and historical survey of patent policy and procedures in major countries of the world.

388. VON GEHR, GEORGE. A SURVEY OF THE PRINCIPAL NATIONAL PATENT SYSTEMS FROM THE HISTORICAL AND COMPARATIVE POINTS OF VIEW. John Marshall Law Quarterly, volume 1, March-June 1936, pages 110–158, 334-400.

An extended examination of the principal national patent systems, particularly those of Great Britain, Germany, and France, including comparisons with the United States patent system.

389. WHITE, WILLIAM WALLACE, and BYFLEET G. RAVENSCROFT. PATENTS THROUGHOUT THE WORLD. Second edition, New York, Trade Activities, Inc., 1944, 417 pages.

A looseleaf volume containing a digest of patent laws in virtually all countries of the world. 390. WOODHAMS, ROBERT E. A COMPARATIVE STUDY OF PATENT LAWS IN THE AMERICAS AND INTERNATIONAL EFFECTS THEREOF. Journal of the Patent Office Society, volume 31, October 1949, pages 726-742.

A brief summary of basic features of patent laws within Latin America and in the United States.

X. PATENTS AND INTERNATIONAL CARTELS 11

391. BERGE, WENDELL. CARTELS, CHALLENGE TO A FREE WORLD. Washington, Public Affairs Press, 1944, 266 pages.

Chapter 4: Patents (pp. 36-51), discusses the role of patent agreements as a basis for cartel arrangements. 392. CANADA. COMBINES INVESTIGATION COMMISSION, DEPARTMENT OF JUSTICE. CANADA AND INTERNATIONAL CARTELS; AN INQUIRY INTO THE NATURE AND EFFECTS OF INTERNATIONAL CARTELS AND OTHER TRADE COMBINATIONS. Report of Commissioner, Combines Investigation Act, Ottawa, October 10, 1945. Ottawa, Edmond Cloutier, 1945, 72 pages.

A report of a commission under the chairmanship of F. A. McGregor, often referred to as the "McGregor Report," which deals in considerable part with international patent arrangements. Chapter 3; The Relation of Patents to Cartels and Combines, pages 45-53, concludes: "The prevention of abuses arising out of the restrictive features of international patent agreement must be achieved through measures of intergovernmental collaboration in regard to international cartels generally, as such use of patent rights is merely one of the restrictive controls resulting from cartelization." 393. DIỄNNER, JÕHN A. PATENTS AND NATIONALISM, A PATENT LAWYER LOOKS AT THE PROBLEM OF EUROPEAN RECOVERY. Journal of the Patent Office Society, volume 32, August 1950, pages 615-628.

An address before the New Jersey Patent Law Association, May 18, 1950. Author is critical of European governmental restrictions on patents, especially working requirements. He stresses the need for reorganizing both the patent systems and trade practices of Europe to permit free trade among the various countries.

394. DUBOIS, JOSIAH E., Jr. THE DEVIL'S CHEMISTS; 24 CONSPIRATORS OF THE INTERNATIONAL FARBEN CARTEL WHO MANUFACTURE WARS. Boston, Beacon Press, 1952, 374 pages.

A popular account of I. G. Farben, based largely on post-World War II trial records. Includes extensive references to patent arrangements of I. G. Farben.

395. EDWARDS, CORWIN D. ECONOMIC AND POLITICAL ASPECTS OF InterNATIONAL CARTELS. A study made for the Subcommittee on War Mobilization of the Committee on Military Affairs, United States Senate. Washington, U. S. Government Printing Office, 1944, 82 pages (78th Cong., 2d sess., Senate Committee Print, Monograph No. 1).

Includes a discussion of the patent licensing agreement as a type of international cartel (pp. 3-71) and gives examples in various places in the study.

396. HAMILTON, WALTON. CARTELS, PATENTS, AND POLITICS. Foreign Affairs, volume 23, July 1945, pages 582-593.

A brief review of patent policies as instruments of international cartels, and dangers to national security resulting therefrom.

See also: Part VII, Patents and Antitrust, Including Patent Pooling Problems.

397. KRONSTEIN, HENRICH. THE DYNAMICS OF GERMAN CARTELS AND PATENTS. University of Chicago Law Review, volume 9, June 1942, pages 643-671, and volume 10, October 1942, pages 49-69.

A review of German cartel and patent policy from 1870 to 1940. Most references to patents in first part of the article. 398. REIMANN, GUENTER. PATENTS FOR HITLER. New York, Vanguard Press, 1942, 316 pages.

A popular discussion of advantages obtained by Germany from international patent and other intercorporate agreements. Chapter 19: The Crisis of the International Patent System, pages 256-278, is probably the one of most permanent interest.

399. REPORT OF CARTELS COMMITTEE, THE AMERICAN GROUP, INTERNATIONAL ASSOCIATION FOR THE PROTECTION OF INDUSTRIAL PROPERTY. Journal of the Patent Office Society, volume 29, May 1947, pages 348-361.

A report on the position of cartels in international commerce, with particular reference to patents. Includes recommendations. 400. STOCKING, GEORGE W., and MYRON W. WATKINS. CARTELS IN ACTION. New York, Twentieth Century Fund, 1946, 533 pages.

401.

A series of case studies of various cartels, in many of which patent policies are significant. Specific references are made to patents in aluminum, chemicals, incandescent lamps, magnesium, and synthetic rubber. CARTELS OR COMPETITION? THE ECONOMICS OF INTERNATIONAL CONTROLS BY BUSINESS AND GOVERNMENT. New York, Twentieth Century Fund, 1948, 516 pages.

A sequel to the authors' Cartels in Action, published in 1946. Includes numerous references to patents as related to international cartels, the principal ones being: international patents and processes agreements, pages 78-81; how chemical patents and processes agreements work, pages 113-114; proposals for modification of patent laws, pages 291–295 and 425427. 402. TERRILL, ROBERT P. CARTELS AND THE INTERNATIONAL EXCHANGE OF TECHNOLOGY. American Economic Review, volume 36, May 1946, pages 745-767.

A consideration of the question whether cartels constitute bottlenecks in the international exchange of technology and what governmental policy should be in this area.

403. U. S. CONGRESS. SENATE. COMMITTEE ON MILITARY AFFAIRS, SUBCOMMITTEE ON WAR MOBILIZATION. SCIENTIFIC AND TECHNICAL MORILIZATION. Hearings, part 1, March 30, 1943, pages 1-102; part 4, June 4, 1943, Patents, pages 315-702; and part 16, August 29-September 13, 1944, Cartel Practices and National Security, pages 1965-2453.

This subcommittee, under the chairmanship of Senator Harley M. Kilgore, was actively concerned with the patent practices as related to national defense. The three parts listed contain the bulk of the information on patents.

404. U. S. CONGRESS. SENATE. COMMITTEE ON THE JUDICIARY. WONDER DRUGS. Hearings before the Subcommittee on Patents, Trademarks, and Copyrights, pursuant to Senate Resolution 167, on licensing of United States Government-owned patents, July 5-6, 1956. Washington, U. S. Government Printing Office, 1957, 151 pages.

Hearings on the activities of Syntex, S. A., a Mexican corporation, and its alleged interference with competitors in the development, use, and export to the United States of new materials used in the manufacture of cortisone. 405. WHITTLESEY, CHARLES R. NATIONAL INTEREST AND INTERNATIONAL CARTELS. New York, Macmillan Co., 1946, 172 pages.

Chapter 5: Cartels and the American Patent System, pages 76-93, deals with the interrelationships between international cartels and patents.

XI. PATENT OFFICE PROCEDURES AND ADMINISTRATIVE ASPECTS OF PATENTS

406. EVANS, EVAN A.

DISPOSITION OF PATENT CASES BY THE COURTS. Journal of the Patent Office Society, volume 24, January 1942, pages 19-24. A brief study, primarily statistical, of the disposition of patent cases from 1936 to 1941.

407.

SHALL THE UNITED STATES HAVE A SPECIAL PATENT COURT OF APPEALS? Illinois Law Review, volume 36, February 1942, pages 643-647. A study of the disposition of patent cases in the circuit courts of appeals and the United States Supreme Court. Author concludes that statistics do not demonstrate the need for a special appellate court.

408. RIFKIND, SIMON. A SPECIAL COURT FOR PATENT LITIGATION? THE DANGER OF A SPECIALIZED JUDICIARY. American Bar Association Journal, volume 37, June 1951, pages 425-426.

In this article, Judge Rifkind answers the arguments for a special court to try patent cases. 409. ROSA, MANUEL C. PATENT OFFICE ORGANIZATION, VIEWPOINT AND CLASSIFICATION. Journal of the Patent Office Society, volume 31, June

1949, pages 414-448.

A lecture in "patent law for the chemist" series, March 22, 1949, at Rutgers University, New Brunswick, N. J. By a supervisory patent examiner, U. S. Patent Office.

410. SPENCER, RICHARD. THE UNITED STATES PATENT LAW SYSTEM, WITH A COMPLETE PROGRAM FOR ITS SIMPLIFICATION AND IMPROVEMENT. Chicago, Callaghan and Co., 1931, 227 pages.

A treatise with recommendations for improvement in the substantive and adjective law of patents, and in the administration of the patent system. 411. U. S. CONGRESS. HOUSE. COMMITTEE ON PATENTS. GENERAL REVISION AND AMENDMENT OF THE PATENT LAW. Hearings, March 30-31, 1932. Washington, U. S. Government Printing Office, 1932, 134 pages. Hearings on a series of bills largely concerned with the processing of patent applications and other Patent Office procedures.

413.

COURT

412. U. S. CONGRESS. SENATE. COMMITTEE ON PATENTS. OF PATENT APPEALS. Hearings on S. 475, June 22-24, 1937, Washington, U. S. Government Printing Office, 1937, 151 pages. Hearings on establishment of a single court of patent appeals. CIRCUIT COURT OF APPEALS FOR PATENTS. Report to accompany S. 475, January 5, 1938, Washington, U. S. Government Printing Office, 1938, 8 pages (75th Cong., 3d sess., S. Rept. 1367). Reprinted in the Journal of the Patent Office Society, volume 20, April 1938, pages 319-332. A Senate report recommending establishment of a circuit court of appeals for patents. 414. U. S. LIBRARY OF CONGRESS, LEGISLATIVE REFERENCE SERVICE. PATENT OFFICE FEES-A LEGISLATIVE HISTORY. By Victor Edwards. Study No. 13 of the Subcommittee on Patents, Trademarks, and Copyrights of the Senate Committee on the Judiciary, Washington, U. S. Government Printing Office, 1958. 16 pages (85th Cong., 2d sess., Senate committee print).

A summary of proposals in Congress from 1790 to date for adjustment of Patent Office fees. Describes the bills introduced, the action taken on them, and summarizes significant testimony.

415. U. S. PRESIDENT'S COMMISSION ON ECONOMY AND EFFICIENCY. REPORT OF THE INVESTIGATION OF THE UNITED STATES PATENT OFFICE. Washington, U. S. Government Printing Office, 1912, 624 pages (62d Cong., 3d sess., H. Doc. 1110).

A detailed report on the policies and procedures of the Patent Office through 1912. Includes valuable appendixes, including a history of the patent system, a comparative study of German, English, and American patent law and procedure, and an extensive bibliography.

416. WOODWARD, WILLIAM REDIN. A RECONSIDERATION OF

THE

PATENT SYSTEM AS A PROBLEM OF ADMINISTRATIVE LAW. Harvard Law
Review, volume 55, April 1942, pages 950-977.

Author recommends administrative changes including (1) several classes of patents for inventions of different orders; (2) authority of the Government to eliminate by suit invalid patents which threaten important industrial practices; (3) better distribution of the incidence of patent litigation costs; and (4) avoiding undue delay in the expiration of patents.

XII. TAX ASPECTS OF PATENTS

417. CONRAD, ROBERT F., and LESTER H. SALTER. RECENT FEDERAL TAX DEVELOPMENTS IN THE FIELD OF PATENT AND RELATED MATTERS. Journal of the Patent Office Society, volume 37, February 1955, pages 89102.

An analysis of provisions of the Internal Revenue Code of 1954 with respect to sale or exchange of patent rights, research and experimental expenditures, and spreading ordinary income from patents. 418. DE BOIS, JAMES Â. PATENTS AND TAXATION. Oklahoma Law Review, volume 7, November 1954, pages 416-438.

This article discusses "the methods that can be employed by the taxpayer *** in arranging his affairs so as to retain the most income from his patent after taxation."

419. FINČKE, BENJAMIN. ANALYSIS OF THE INCOME ASPECTS OF PATENTS, COPYRIGHTS, AND THEIR ANALOGUES. Tax Law Review, volume 5, March 1950, pages 361-409.

This article deals with (1) income which may result from a transaction involving a patent or similar property; (2) possibility of excluding certain receipts from ordinary income; and (3) the person to whom the income is taxable. Includes legislative recommendations.

420. FROST, F. DANIEL, III. TAX CONSEQUENCES OF PATENT TRANSFERS. Stanford Law Review, volume 7, May 1955, pages 349-359. Reprinted in Journal of the Patent Office Society, volume 37, October 1955, pages 687699.

Tax consequences of patent transfers under section 1235 of the Internal Revenue Code of 1954 are discussed, and practical advice is given, particularly to the amateur inventor.

421. GITLIN, PAUL, and WILLIAM REDIN WOODWARD. TAX ASPECTS OF PATENTS, Copyrights, AND TRADEMARKS. New York, Practicing Law Institute, 1953, 83 pages (American Bar Association, Section of Taxation, Current problems in Federal taxation, No. 19).

A brief manual on tax treatment of income from patents, copyrights, and trademarks, designed primarily for lawyers. 422. HOGAN, CHARLES M. IMPACT OF FEDERAL INCOME TAXATION ON PATENT LAW AND PRACTICE. Journal of the Patent Office Society, volume 33, July 1951, pages 531-542.

An address delivered at the February 20, 1951, meeting of the Cincinnati Patent Law Association. Includes a one-page bibliography. 423. RIDDELL, RUTH E. PATENT ROYALTIES AS CAPITAL GAINS UNDER IRC, SECTION 117 (A). Michigan Law Review, volume 50, May 1952, pages 991-1016.

A technical account of circumstances in which patent royalties may and may not be considered capital gains for tax purposes, together with court interpretations.

424. RODMAN, LEROY E. and OTTO L. WALTER. SIGNIFICANT TAX CHANGES AFFECTING PATENTS MADE BY THE INTERNAL REVENUE Code OF 1954. Journal of the Patent Office Society, volume 34, September 1954, pages 668–676.

The authors conclude that, all in all, inventors and patent owners will view the 1954 code favorably, even if it did not grant special tax advantages to inventors as some European jurisdictions do.

425. SIMONS, GUSTAVE. THE TAX LAW OF RESEARCH AND PATENTS. Journal of the Patent Office Society, volume 31, August 1949, pages 574-591.

A critical evaluation of tax treatment of expenditures on research and patents, and of income from successful research under the Internal Revenue Code provisions in force in 1949.

426. WOOD, LAURENCE I. PATENTS AND INCOME TAXATION. Taxes, volume 21, November 1943, pages 587-590, 632-635. Reprinted in the Journal of the Patent Office Society, volume 26, January 1944, pages 14-33. A discussion of pertinent and peculiar aspects of patents bearing upon income tax laws.