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COMMITTEE ON THE JUDICIARY

JAMES O. EASTLAND, Mississippi, Chairman

ESTES KEFAUVER, Tennessee
OLIN D. JOHNSTON, South Carolina
THOMAS C. HENNINGS, JR., Missouri
JOHN L. MCCLELLAN, Arkansas
JOSEPH C. O'MAHONEY, Wyoming
SAM J. ERVIN, JR., North Carolina
JOHN A. CARROLL, Colorado

ALEXANDER WILEY, Wisconsin
WILLIAM LANGER, North Dakota
WILLIAM E. JENNER, Indiana
ARTHUR V. WATKINS, Utah

EVERETT MCKINLEY DIRKSEN, Illinois
JOHN MARSHALL BUTLER, Maryland
ROMAN L. HRUSKA, Nebraska

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
JOHN C. STEDMAN, Associate Counsel
STEPHEN G. HAASER, Chief Clerk

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

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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

(1956).

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

(1958).

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-

lative History (1958).

No. 10. Cordozo, Exchange of Patent Rights and Technical Information Under
Mutual Aid Programs (1958).

No. 11. Melman, The Impact of the Patent System on Research (1958).

No. 12. LRS (Corry), Compulsory Licensing of Patents-A Legislative History

(1958).

No. 13. LRS (Edwards), Patent Office Fees-A Legislative History (1958).
No. 14. LRS (Allen), Economic Aspects of Patents and the American Patent
System-A Bibliography (1958).

No. 15. Machlup, An Economic Review of the Patent System (1958).

No. 16. Friedman, The Research and Development Factor in Mergers and
Acquisitions (1958).

No. 17. Federico, Renewal Fees and Other Fees in Foreign Countries (1958).
No. 18. Solo, Synthetic Rubber: A Case Study in Technological Development
Under Government Direction (1958).

No. 19. Neumeyer, Compulsory Licensing of Patents Under Some Non-American
Systems (1958).

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