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29 JOURNAL OF THE PATENT OFFICE SOCIETY. Federalsburg, Md., 1919- Monthly.

An indispensable source of information on legal, technical, and economic aspects of the patent system; dedicated to advancing and improving the system. Includes book reviews and an annual index. (Many articles from this journal are included in the various sections of this bibliography.) 30. KAHN, ALFRED E. DEFICIENCIES OF AMERICAN PATENT LAW. American

Economic Review, volume 30, September 1940, pages 475-491.

A highly critical evaluation of American patent law. Author concludes that in the operation of the patent system today "we see injustice, the danger of technological retardation, and economically unjustified encroachments on the sphere of competition and freedom of trade."

31. KENYON, W. HOUSTON, JR. CURRENT PROBLEMS IN THE PATENT SYSTEM. Journal of the Patent Office Society, volume 28, April 1946, pages 224-237.

32.

An address before the Engineering Society of Detroit, February 27, 1946, by the counsel for the Patent Survey Committee, United States Department of Commerce. Deals primarily with proposed reforms to the existing patent system. "An Answer to 'Current Problems in the Patent System'" by Karl B. Lutz is printed in the Journal of the Patent Office Society, volume 28, July 1946, pages 508-513; and a letter "Re Current Problems in the Patent System," by A. D. T. Libby is printed in the Journal of the Patent Office Society, volume 28, August 1946, pages 598-599.

SORE SPOTS IN THE PATENT SYSTEM. Journal of the Patent Office Society, volume 24, July 1942, pages 458–478.

A review of four "sore spots":

(1) Abuse by patent owners of patent privileges;

(2) Issuance of a majority of patents for petty details of routine improvement;

(3) The variability and uncontrollability of the period during which profit can be derived from an invention;

(4) Discrimination against inventors of military weapons.

33. LADAS, S. P. INDUSTRIAL PROPERTY AND ECONOMIC DEVELOPMENT. Trademark Reporter, volume 45, June 1955, pages 615-635.

An address on the part that may be played by industrial property in the massive problem of a healthy world economy. One principle put forth was the removal of "crippling obstacles to individual energy and private initiative."

34. LUTZ, KARL B. A PROPER PUBLIC POLICY ON PATENTS: ARE WE ADOPTING THE SOVIET VIEW? American Bar Association Journal, volume 37, December 1951, pages 905-908, 942-943.

Author holds that the United States should return to the patent law as it was understood before the 1930's, suggesting that by recent court decisions we may have adopted a socialist concept without realizing it. 35. LYON, LEVERETT S., MYRON W. WATKINS, and VICTOR ABRAMSON. GOVERNMENT AND ECONOMIC LIFE; DEVELOPMENT AND CURRENT ISSUES OF AMERICAN PUBLIC POLICY. Washington, Brookings Institution, 1939, volume 1, 519 pages.

Chapter 6, The Provision of Patent Rights, pages 116-151, gives an excellent survey of the patent system. The chapter contains the following parts: Development and Main Features of the Patent System, Present Patent Problems, and Proposed Patent Reforms.

36. MERONI, CHARLES F. COMMENTS AND OBSERVATIONS CONCERNING RECOMMENDATIONS IN REPORT OF THE NATIONAL PATENT PLANNING COMMISSION. Journal of the Patent Office Society, volume 26, February 1944, pages 117-128.

Remarks are for the most part critical of the first report of the Commission. [This report is listed as item No. 75 below.]

37. MITMAN, HARRY A. ECONOMIC ASPECTS OF INVENTIONS AND LEGAL MONOPOLIES. Mississippi Law Journal, volume 26, March 1955, pages 149-164.

A strong defense of the American patent system; brief and general.

38. NATIONAL ASSOCIATION OF MANUFACTURERS. THE IMPORTANCE OF THE UNITED STATES PATENT SYSTEM. (Economic policy division series, No. 56). New York, National Association of Manufacturers, 1952, 72 pages.

39.

Comprises addresses and discussion given from 1948 to 1952 at seminars held by the Patents Committee of the National Association of Manufacturers on the topic "What Inventions Mean to You."

PATENTS AND YOUR TOMORROW.

of Manufacturers, 1954, 23 pages.

New York, National Association

A pamphlet approved for school use by the NAM Advisory Committee on Educational Aids. Includes general questions and answers about patents and NAM policy statements on patents.

40. NATIONAL RESEARCH COUNCIL. UNIVERSITY RESEARCH AND PATENT PROBLEMS; COMPOSITE REPORT OF FIVE REGIONAL CONFERENCES, By Archie M. Palmer. Washington, 1949, 83 pages.

Report of discussions on questions relating to research and patent policies of educational institutions. Contains a speech on "Research. inventions and patents," by George N. Robillard, pages 15-22. Other sections deal with the need for a patent policy, patent management, and various research methods and programs.

41. OPPENHEIM, S. CHESTERFIELD.

A NEW APPROACH TO EVALUATION

OF THE AMERICAN PATENT SYSTEM. Journal of the Patent Office Society, volume 33, August 1951, pages 555-568.

An address before the New Jersey Patent Law Association, May 24, 1951. 42. PALMER, ARCHIE M. NONPROFIT RESEARCH AND PATENT MANAGEMENT ORGANIZATION. Washington, National Academy of SciencesNational Research Council, 1955, 150 pages. Publication 372.

43.

44.

45.

46.

A description of the organic structure of 104 research institutes and patent management agencies, their objectives, operating procedures, research and patent policies, and experiences with research and patent management problems.

NONPROFIT RESEARCH AND PATENT MANAGEMENT IN THE UNITED STATES. Washington, National Academy of Sciences-National Research Council, 1956, 54 pages. Publication 371.

Factual data are presented on the organization, objectives, operation, programs, policies and experiences of nonprofit research and patent management activities currently being conducted in the United States.

UNIVERSITY PATENT POLICIES AND PRACTICES. Washington, National Academy of Sciences-National Research Council, 1952, 229 pages. Publication 257. A report of the policies, practices, and procedures of higher educational institutions in the handling of patentable results of scientific and technological research. All but the first 27 pages deal with statements of 227 individual educational institutions. A 168 page preliminary report on the same subject was prepared in 1948 by Archie M. Palmer under the title "Survey of University Patent Policies."

SUPPLEMENT TO UNIVERSITY PATENT POLICIES AND PRACTICES. Washington, National Academy of Sciences-National Research Council, 1955, 93 pages. Publication 376.

Brings up to date and expands the material contained in the earlier monograph [item No. 44 in this bibliography] and includes chapters on the formulation of patent policy and on patent management.

PATENTS AND NONPROFIT RESEARCH. Study No. 6 of the Subcommittee on Patents, Trademarks, and Copyrights of the Senate Committee on the Judiciary. Washington, U. S. Government Printing Office, 1957, 66 pages (85th Cong., 1st sess., Senate Committee print.)

Factual data on the organization and policies of nonprofit research and patent management organizations in the United States, including educational institutions. Includes previously published information, plus data on the types of research undertaken, patents obtained and their subject matter, licensing policies, and royalty income.

47. PATENT AND TRADE MARK REVIEW. Richmond, Va., Trade Activities, Inc., 1902- Monthly.

A useful source for current reprints and digests of laws, Patent Office procedures, and court decisions relating to patents and trademarks throughout the world. Contains a detailed annual index.

48. PATENT POLICY. American Economic Review, volume 38, May 1948, pages 215-260. A symposium of two papers: Patent Policy, by Floyd L. Vaughan (pp. 215-234); Our National Patent Policy, by William H. Davis (pp. 235-244); with discussion by George E. Folk (pp. 245-251), John A. Dienner (pp. 251-257), Frank B. Jewett (pp. 257-260).

Vaughan concludes that our patent system "discourages rather than encourages the inventor, permits the suppression of patents, and is a means of creating industrial monopoly and restraining trade." Davis discusses in more detail the procedures of the Patent Office and suggests some possible reforms. 49. PATENT SU VEY COMMITTEE [of the U. S. Department of Commerce]. AGENDA FOR WORKING STAFF. Journal of the Patent Office Society, volume 27, August 1945, pages 525-536.

A formulation of questions relating to the patent system suggested for consideration by the staff of the Department of Commerce's Patent Survey Committee.

50. THE PATENT SYSTEM. Law and Contemporary Problems, volume 12, Autumn 1947, pages 645–809, and volume 13, Spring 1948, pages 245-267. An important symposium of 16 essays on various aspects of the patent system, including Invention and Public Policy by John C. Stedman; The Control of Patent Rights Resulting from Federal Research, by D. L. Kreeger; Patents and Atomic Energy, by James R. Newman and Byron S. Miller; A Reevaluation of the International Patent Convention, by Heinrich Kronstein and Irene Till; Nationalization and International Patent Relations, by Ervin O. Anderson; Proposed Modifications in the Patent System, by William H. Davis; What is a Patent? by Walton Hamilton and Irene Till; Patents and Competition in the Automobile Industry, by C. A. Welsh; The Relation of Patents to the Antitrust Laws, by George E. Folk; Compulsory Licensing in other Countries, by P. J. Federico; Government Policies relating to Research and Patents, by John A. Dienner; and The Economic Bases of Patent Reform, by Victor Abramson.

51. PATENTS AND ECONOMIC PROGRESS (a radio discussion by Wilber Katz, Edward Levi, and Robert Wilson). University of Chicago Round Table, January 12, 1947, No. 460, 21 pages.

A popular discussion on how patents can promote and how they may retard economic progress. Includes a brief bibliography.

52. PETRO, SYLVESTER. PATENTS: JUDICIAL DEVELOPMENTS AND LEGISLATIVE PROPOSALS. University of Chicago Law Review, volume 12, December 1944 and June 1945, pages 80-103, 352-420.

The first half of the article is a discussion of the Hartford-Empire case and compulsory licensing. The second is a critical evaluation of the patent system in relation to invention and technology. The author concludes: "The patent system, at least as it is organized at present, should be abolished. There is neither justice nor necessity for giving monopolies in products emanating, as most inventions do, almost imperceptibly from the social process; especially when the recipient of the monopoly may have become entitled to it (legally) only through an unequal bargain with an actual contributor."

53. PFAFF, ROGER ALTON. PATENTS AND PROGRESS. Journal of the State Bar of California, volume 29, January-February 1954, pages 36-39, 42-43.

A defense of the patent system, expressing belief that "the American people want patent law restored to the historical concepts enunciated by Jefferson and interpreted by Marshall and Hand."

54. PLANT, ARNOLD. THE ECONOMIC THEORY CONCERNING PATENTS FOR INVENTIONS. Económica, volume 1, 1934, pages 30-51.

A critical evaluation of patents and their capacity for furthering monopoly. 55. POLANYI, MICHAEL. PATENT REFORM, A PLAN FOR ENCOURAGING THE APPLICATION OF INVENTIONS. Cambridge, England, Students Bookshops, 1945, 16 pages. Reprinted from the Review of Economic Studies, volume 11, 1944, pages 61-76.

A proposal, with accompanying analysis, for rewarding inventors from the public purse, rather than requiring them to earn their reward commercially; specifically "to supplement licenses of right by Government rewards to patentees on a level ample enough to give general satisfaction to inventors and their financial promoters." This plan is intended to encourage the transfer of most patents into the proposed type of license of rights.

56. POTTER, A. A. RESEARCH AND INVENTION IN ENGINEERING COLLEGES. Science, volume 91, January 5, 1940, pages 1-7. Reprinted in Journal of the Patent Office Society, volume 22, February 1940, pages 119-134.

An address by the dean of engineering, Purdue University, delivered December 28, 1939, dealing with inventions and patent policies of universities and research institutes.

57. POWELL, THOMAS REED. THE NATURE of a Patent RIGHT. Columbia Law Review, volume 17, December 1917, pages 663-686.

This article attempts to clarify the problems that arise from diversity of judicial opinion in applying the Federal statutes relating to the rights of inventors.

58. PRINDLE, EDWIN J. PATENTS AS A FACTOR IN MANUFACTURING. New York, The Engineering Magazine, 1908, 134 pages.

An early study intended "to convey an idea of the nature of a patent, the protection it may afford, the advantages it may possess for meeting certain commercial conditions, the safety which may be secured in relations between employers and employees," and the general rules followed by the courts in patent cases.

59. THE PUBLIC INTEREST IN A SOUND PATENT SYSTEM. Journal of Commerce (New York), volume 195, March 11, 1943, part 2, pages 1-52. A symposium, largely in defense of the existing patent system. In three parts: I. Our stake in the patent system, 10 articles; II. Fundamentals of the system (critical appraisal of reform proposals), 10 articles; III. Reform proposals, 4 articles. One of these articles, The Patent "Monopoly," by John H. Wigmore is reprinted in Journal of the Patent Office Society, volume 25, October 1943, pages 687-691.

60. REESE, JIM E. THE ECONOMIC IMPLICATIONS OF THE UNITED STATES PATENT SYSTEM, 1940.

An unpublished doctoral thesis, University of Texas, Austin, Tex. 61. RICE, WILLIS B. A CONSTRUCTIVE PATENT LAW. New York University Law Quarterly Review, volume 16, January 1939, pages 179–201.

The author proposes establishment of a Patents Commission comparable in authority to other Federal regulatory commissions to set forth and administer, under congressional mandate, the patent policies of the Nation. It would be authorized to issue license agreements and grant compulsory licenses under proper limitations and would determine the validity and scope of any patent as soon as the question actually arises in industry. 62. RIVIŠE, CHARLES W. PATENTS IN THE POSTWAR WORLD. Journal of the Patent Office Society, volume 26, May 1944, pages 308-319.

A popular review of recommendations for revising the patent system, including the author's own recommendations.

Journal of

63. ROBERTSON, THOMAS E. AMERICAN PATENT SYSTEM. the Patent Office Society, volume 14, June 1932, pages 463–486. An address by the Commissioner of Patents at the celebration of the new Patent Office, April 11, 1932.

64. ROBINSON, WILLIAM C. THE LAW OF PATENTS FOR USEFUL INVENTIONS. Boston, Little, Brown & Co., 1890, 2,158 pages in 3 volumes. Although Robinson on Patents was written 67 years ago and has never been brought up to date through revised editions, it continues to be one of the most comprehensive, authoritative, frequently cited, and influential patent treatises in the United States.

65. SMITH, ARTHUR M. RECENT DEVELOPMENTS IN PATENT LAW. Michigan Law Review, volume 44, June 1946, pages 899–932.

A general review of recent patent legislation and judicial interpretation with particular reference to Supreme Court decisions.

66. TOULMIN, HARRY A., JR. HANDBOOK OF PATENTS. Second edition. Cincinnati, W. H. Anderson Co., 1954, 929 pages.

67.

A convenient handbook of various aspects of patents for those directly concerned with the patent law; includes chapters on international agreements, tying contracts, and the new Patent Act of 1952.

pages.

INVENTION AND THE LAW. New York, Prentice-Hall, 1936, 399

A consideration of basic factors bearing on the patentability of inventions, including the background of invention, general characteristics of invention, what is and what is not invention, and the British rule on utility and novelty. Includes bibliographies of American, British, French, and German works.

68.

69.

PATENTS AND THE PUBLIC INTEREST. New York, Harper & Bros., 1939, 205 pages.

A popularly written discussion of the patent system, including patents and their relationship to the economy, proposals for reform, and recent results of inventions.

PATENTS AND THREE NEW LAWs. Product Engineering, volume 26, March 1955, pages 193-195.

A brief discussion of principal provisions of the Patent Act of 1952, the Internal Revenue Act of 1954, and the Atomic Energy Act of 1954. 70. TUSKA, C. D. INVENTORS AND INVENTIONS. New York, McGraw-Hill, 1957, 174 pages.

A brief analysis of factors involved in inventions and their utilization. Author concludes that "next in importance to making inventions of quality is their protection by patenting." Two chapters are devoted to patenting inventions and to marketing patentable inventions. The author is the director of RCA patent operations.

71. U. S. CONGRESS. SENATE. COMMITTEE ON PATENTS. PATENTS. Hearings, April 13-August 21, 1942. Washington, U. S. Government Printing Office, 1942-43, 5,306 pages in 10 parts.

These hearings, under the chairmanship of Senator Homer T. Bone, comprise 9 volumes, and a 48-page index. Provides detailed information on patent policies of many industries (particularly those critical for national defense), patent abuses, and recommendations for patent reforms. 72. U. S. CONGRESS. SENATE. COMMITTEE ON THE JUDICIARY. AMERICAN PATENT SYSTEM. Hearings before the Subcommittee on Patents, Trademarks, and Copyrights pursuant to Senate Resolution 92 on the American patent system, October 10-12, 1955. Washington, U. S. Government Printing Office, 1956, 361 pages.

73.

74.

Hearings on current problems involving patents and inventors in the
American economy. Much factual information submitted by the Patent

Office is included.
REVIEW OF THE AMERICAN PATENT SYSTEM. Washington, U. S.
Government Printing Office, 1956, 16 pages (84th Cong., 2d sess. S. Rept.
No. 1464). Reprinted in the Journal of the Patent Office Society, volume
38, February 1956, pages 75-101.

A brief review of preliminary conclusions and recommendations on the American patent system reached by the beginning of 1956 by the Subcommittee on Patents, Trademarks, and Copyrights of the Senate Committee on the Judiciary.

PATENTS, TRADEMARKS, AND COPYRIGHTS. Washington, U. S. Government Printing Office, 1957, 31 pages (85th Cong., 1st sess. S. Rept. No. 72).

Summary of the investigations, studies and hearings during 1956 of the Subcommittee on Patents, Trademarks, and Copyrights of the Senate Committee on the Judiciary. Special attention is given to the need for gearing the patent system to the modern pace of technology, to the variance in tests of invention applied by the Patent Office and the courts, and to the problems attending the accumulation of unused patents. The completed and pending studies being prepared as part of the subcommittee's research and study program, are listed and described.

75. U. S. NATIONAL PATENT PLANNING COMMISSION. THE AMERICAN PATENT SYSTEM; REPORT, JUNE 18, 1943. Washington, U. S. Government Printing Office, 1943, 11 pages (78th Cong., 1st sess., H. Doc. No. 239). Reprinted in the Journal of the Patent Office Society, volume 25, July 1943, pages 455-472.

76.

[See item No. 36 for comments on this report. See item No. 77 for annotation.]

GOVERNMENT-OWNED PATENTS AND INVENTIONS OF GOVERNMENT EMPLOYEES AND CONTRACTORS; SECOND REPORT, JANUARY 9, 1945. Washington, U. S. Government Printing Office, 1945, 15 pages (79th Cong., 1st sess., H. Doc. No. 22). Reprinted in the Journal of the Patent Office Society, volume 27, February 1945, pages 76-95.

[See item No. 77 for annotation.]

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