Patent Extension: Hearing Before Subcommittee No. 3 on H.R. 2128 : a Bill to Authorize the Extension of Patents Covering Inventions Whose Practice was Prevented Or Curtailed During Certain Emergency Periods by Service of the Patent Owner in the Armed Forces Or by the Production Control, H.R. 3134 and H.R. 4700, Bills to Provide for Extension of Terms of Patents where the Use, Exploitation, Or Promotion Thereof was Prevented, Impaired, Or Delayed by Causes Due to War, National Emergency, Or Other CausesU.S. Government Printing Office, 1955 - 97 pages Committee Serial No. 10. Considers legislation to extend individual patent terms for the amount of time they were suspended because of war or national emergencies and to extend the patent terms for military personnel who were unable to exploit their patents while in military service. |
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Page 1
... substantially curtailed the normal use , exploitation , promotion , or development of the patent ; or ( 2 ) the ... substantially curtailed by any order of an agency of the Gov- ernment prohibiting or limiting the production or use of ...
... substantially curtailed the normal use , exploitation , promotion , or development of the patent ; or ( 2 ) the ... substantially curtailed by any order of an agency of the Gov- ernment prohibiting or limiting the production or use of ...
Page 2
... substantially curtailed . ( 4 ) In cases where grounds for extension exist under more than one para- graph of subsection ( a ) , the further terms designated in this subsection ( b ) shall not be cumulative but shall be determined under ...
... substantially curtailed . ( 4 ) In cases where grounds for extension exist under more than one para- graph of subsection ( a ) , the further terms designated in this subsection ( b ) shall not be cumulative but shall be determined under ...
Page 4
... substantially prevented , impaired , or delayed by reason of the circumstances mentioned in section 2 of the Act . SEC . 6. If any applicant for an extension is dissatisfied with the decision of the Commissioner of Patents or any board ...
... substantially prevented , impaired , or delayed by reason of the circumstances mentioned in section 2 of the Act . SEC . 6. If any applicant for an extension is dissatisfied with the decision of the Commissioner of Patents or any board ...
Page 8
... substantially curtailed either because of service of the owner in the Armed Forces , or because of the grant of royalty free licenses to the United States , or because of an order by an agency of the Government which limited or pro ...
... substantially curtailed either because of service of the owner in the Armed Forces , or because of the grant of royalty free licenses to the United States , or because of an order by an agency of the Government which limited or pro ...
Page 10
... substantially curtailed the use and development of the patent . In my opinion , the Congress should make a reasonable restitution in those classes of cases most directly affected by restoring the parties affected as far as possible to ...
... substantially curtailed the use and development of the patent . In my opinion , the Congress should make a reasonable restitution in those classes of cases most directly affected by restoring the parties affected as far as possible to ...
Common terms and phrases
American Patent Law application for extension bill H. R. BRICKFIELD Chairman claim Commissioner of Patents CONGRESS THE LIBRARY consideration cotton duck CRUMPACKER CURTIS D. C. DEAR disclosure duration EDWIN E EMANUEL CELLER enacted Equity Association exclusive rights exploitation extended patent extension of patents February 20 FEDERICO filing free license Government hearing HITZEMAN House Judiciary Committee House of Representatives House Office Building impaired infringement inventors the exclusive issued June 16 legislation LIBRARY OF CONGRES LIBRARY OF CONGRESS limited manufacture ment national emergency normal opposed patent extension bills patent grant Patent Law Association Patent Office patent owners patent rights patent system patent was prevented patented invention period of extension prevented or substantially proposed provides reason relief restrictions right to exclude royalty-free license Scully Senate statement subcommittee subsection substantially curtailed terms of patents thereof tion United V-J Day vend veterans Washington WHITING WILLIS World War II
Popular passages
Page 80 - To promote the progress of science and useful arts, by securing, for limited times, to authors and inventors the exclusive rights to their respective writings and discoveries; 9 To constitute tribunals inferior to the Supreme Court; 10.
Page 48 - The economic philosophy behind the clause empowering Congress to grant patents and copyrights is the conviction that encouragement of individual effort by personal gain is the best way to advance public welfare through the talents of authors and inventors in "Science and useful Arts.
Page 76 - States citizenship who served in the military or naval forces of the United States at any time between April 6, 1917, and November 11, 1918, both dates inclusive, and have been separated from such forces under honorable conditions.
Page 61 - Every patent shall contain a short title or description of the invention or discovery, correctly indicating its nature and design, and a grant to the patentee, his heirs or assigns, for the term of seventeen years, of the exclusive right to make, use and vend the invention or discovery throughout the United States, and the Territories thereof, referring to the specification for the particulars thereof.
Page 81 - Subject to the provisions of this title, patents shall have the attributes of personal property. Applications for patent, patents, or any interest therein, shall be assignable in law by an instrument in writing. The applicant, patentee, or his assigns or legal representatives may in like manner grant and convey an exclusive right under his application for patent, or patents, to the whole or any...
Page 61 - It is undeniably true, that the limited and temporary monopoly granted to inventors was never designed for their exclusive profit or advantage; the benefit to the public or community at large was another and doubtless the primary object in granting and securing that monopoly.
Page 61 - It is the reward stipulated for the advantages derived by the public for the exertions of the individual, and is intended as a stimulus to those exertions. The laws which are passed to give effect to this purpose ought, we think, to be construed in the spirit in which they have been made, and to execute the contract...
Page 90 - States, who, before the passage of this act, was bona fide in possession of any rights in patents or applications for patent conflicting with rights in patents granted or validated by reason of such extension, to exercise such rights by itself or himself personally, or by such agents, or licensees, as derived their rights from it, or him, before...
Page 44 - The patentee or his assigns may, by instrument in writing, assign, grant, and convey, either, (1) the whole patent, comprising the exclusive right to make, use, and vend the invention throughout the United States...
Page 60 - The franchise which the patent grants consists altogether in the right to exclude every one from making, using, or vending the thing patented without the permission of the patentee. This is all that he obtains by the patent.