COMMITTEE ON THE JUDICIARY JAMES O. EASTLAND, Mississippi, Chairman ESTES KEFAUVER, Tennessee ALEXANDER WILEY, Wisconsin EVERETT MCKINLEY DIRKSEN, Illinois SUBCOMMITTEE ON PATENTS, TRADEMARKS, AND COPYRIGHTS JOSEPH C. O’MAHONEY, Wyoming, Chairman OLIN D. JOHNSTON, South Carolina ALEXANDER WILEY, Wisconsin ROBERT L. WRIGHT, Chief Counsel FOREWORD This study was prepared for the Senate Subcommittee on Patents, Trademarks, and Copyrights by Dr. Fredrik Neumeyer, head of the patent division of the State Telephone & Telegraph Administration of Sweden. It is part of the study of the United States patent system conducted pursuant to Senate Resolutions 55 and 236 of the 85th Congress. It is one of several being prepared under the supervision of John C. Stedman, associate counsel of the subcommittee. As pointed out in the foreword to our study No. 12, compulsory licensing in various forms has been a matter of continuing and lively interest in this country for decades, although actual legislation has been limited to special situations, such as Government use and atomic energy. In contrast, the patent laws of most other major industrial countries have long contained broad compulsory licensing provisions and have developed substantial bodies of law on the subject. The value to us of a careful, thoroughgoing and analytical study of the experience of these countries, needs no elaboration. Dr. Neumeyer has provided us with such a study. He gives especial attention to those countries in which compulsory licensing practices have played a significant role, such as Canada, England, and Germany, although the laws of other countries are considered as well. Dr. Neumeyer's study reflects a rare combination of long experience in patent practice, extensive knowledge of patent history and administration, and a high degree of analytical ability and facility in writing. A better qualified writer on this particular subject would be hard to find. He is not only the head of the patent department of the Swedish State Telephone and Telegraph Administration but is recognized as one of the leading world experts in patent law and practice. He has written extensively on patents, monopoly, cartels, and related subjects, and has participated in numerous international conferences on these subjects. The present study is the outgrowth and elaboration of a study initiated by him in 1954, while at the University of Michigan on a Fulbright scholarship. In publishing this study, it is important to state clearly that the views expressed by the author are entirely his own. The subcommittee welcomes the report for consideration, but its publication in no way signifies acceptance by the subcommittee of the statements contained in it. Such publication does, however, testify to the subcommittee's belief that Dr. Neumeyer's study represents a valuable contribution to patent literature and that the public interest will be served by its publication. JOSEPH C. O'MAHONEY, Chairman, Subcommittee on Patents, Trademarks, and Copyrights, Committee on the Judiciary, United States Senate. DECEMBER 24, 1958. III CONTENTS Page PUBLICATIONS OF THE SUBCOMMITTEE PATENT STUDIES No. 1. Bush, Proposals for Improving the Patent System (1956). No. 2. Frost, The Patent System and the Modern Economy (1956). No. 3. Patent Office, Distribution of Patents Issued to Corporations, 1939-1955 No. 4. Federico, Opposition and Revocation Proceedings in Patent Cases (1957). No. 5. Vernon, The International Patent System and Foreign Policy (1957). No. 6. Palmer, Patents and Nonprofit Research (1957). No. 7. LRS (Edwards), Efforts To Establish a Statutory Standard of Invention No. 8. Whinery, The Role of the Court Expert in Patent Litigation (1958). No. 9. LRS (Daniels, and Edwards), Recordation of Patent Agreements-A Legis- No. 10. Cordozo, Exchange of Patent Rights and Technical Information Under No. 11. Melman, The Impact of the Patent System on Research (1958). No. 12. LRS (Corry), Compulsory Licensing of Patents-A Legislative History No. 13. LRS (Edwards), Patent Office Fees-A Legislative History (1958). No. 15. Machlup, An Economic Review of the Patent System (1958). No. 16. Friedman, The Research and Development Factor in Mergers and No. 17. Federico, Renewal Fees and Other Fees in Foreign Countries (1958). No. 19. Neumeyer, Compulsory Licensing of Patents Under Some Non-American OTHER PUBLICATIONS Hearings, American Patent System, October 10, 11, and 12, 1955. Hearings, Inventors' Awards, June 7, 1956. Hearings, Patent Extension, May 4 and June 13, 1956. Hearings, Wonder Drugs, July 5 and 6, 1956. Report, Review of the American Patent System (S. Rept. No. 1464, 84th, 2d, Report, Patents, Trademarks, and Copyrights (S. Rept. No. 72, 85th, 1st, 1957). Report, Patents, Trademarks, and Copyrights (S. Rept. No. 1430, 85th, 2d, 1958). |