Celler, Hon. Emanuel, a Representative in Congress from the State of Crumpacker, Hon. Shepard J. Jr., a Representative in Congress from Green, John C., National Inventors' Council, United States Depart- Harris, Ray M., patent adviser, Office of Assistant Secretary of Lanham, Hon. Fritz, former Representative in Congress from the Rosen, Bernard, incentive awards director, Civil Service Commission Tod, James Rankin, patent adviser, British Joint Services Mission... Wilford, E. Burke, chairman, Convertible Aircraft Pioneers, Merion Additional information- American Patent Law Association, Washington, D. C., unsigned Arnold, Edwin H., chairman, Committee on Patents, National Asso- Barnes, Kisselle, Lawson & Raisch, Detroit, Mich., telegram, May "Certain Practical Things Which Can Be Done To Help Inventors,' Crews, Floyd H., New York Patent Law Association, letter, May Dunning, J. R., dean of engineering, Columbia University, letter, Flemming, Arthur S., director, Office of Defense Mobilization, letter, Juten, J. R., patent attorney, Keuffel & Esser Co., Hoboken, N. J., List of laws, documents, hearings and other Government publications relating to payment of awards for suggestions or inventions, sub- mitted by Hon. Fritz Lanham Lovette, Eugene S., Aircraft Industries Association of America, Inc., Manternach, A. S., vice president, Tavlor-Winfield Corp.: Letters, May 23, 1955, to House Judiciary Subcommittee No. 3. McWilliams, Thomas F., secretary, Patent Law Association of Chi- cago, letter, May 3, 1955, to chairman of the Judiciary Committee, Rollhaus, P. E., Wallerstein Co., New York, N. Y., telegram, May 23, 68 Schmidt, Walter, president, Western Precipitation Corp., letter, 90 III 10.5 INVENTIVE CONTRIBUTIONS AWARDS BOARD TUESDAY, MAY 24, 1955 HOUSE OF REPRESENTATIVES, SUBCOMMITTEE No. 3 OF THE The subcommittee met, pursuant to recess, at 10 a. m., in room 327, Old House Office Building, Hon. Edwin E. Willis (chairman of the subcommittee) presiding. Present: Representatives Willis (presiding), Jones (North Carolina), Brooks, Quigley, Crumpacker, and Curtis. Also present: Cyril F. Brickfield, subcommittee counsel; and Bessie M. Orcutt, administrative assistant. Mr. WILLIS. The subcommittee will come to order. Today we will consider the bills H. R. 639, by the chairman of our committee, Mr. Celler, and H. R. 2383, by our colleague and a member of this subcommittee, Mr. Crumpacker. (The bills referred to are as follows:) [H. R. 639, 84th Cong., 1st sess.] A BILL To authorize the establishment of an Inventions Awards Board within the Department of Defense, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Inventions Awards Act of 1955". DECLARATION OF POLICY SEC. 2. It is the purpose of this Act to foster invention for national defense through the establishment within the Department of Defense of an Inventions Awards Board which shall be authorized to recommend to the Secretary the making of such awards, to be known as National Defense Awards, as it shall consider just for meritorious inventions contributing to the national defense. SEC. 3. As used in this Act DEFINITIONS (a) The term "invention" means any art, machine, manufacture, composition of matter, or any new and useful improvement thereof which is useful, or susceptible of use, for application in the national defense of the United States, and which is not subject to the provisions of the Atomic Energy Act of 1946, whether or not such invention is patented, unpatented, or patentable. (b) The term "inventor" means any person who has made an invention. (c) The term "person" shall include any natural person, and his heirs. (d) The term "the Department" shall mean the Department of Defense, and the term "Secretary" shall means the Secretary of Defense. (e) The term "defense agency" means the Department, or any other department, agency, or independent establishment in the executive branch of the Government (except the Atomic Energy Commission), and any wholly owned Government corporation, designated by the President as a defense agency for the purposes of this Act. 1 (f) The term "Board" means the Inventions Awards Board established pursuant to section 5 of this Act. (g) The term "award" means a National Defense Award authorized by section 4 of this Act. NATIONAL DEFENSE AWARDS SEC. 4. Whenever any inventor has disclosed to any defense agency any invention which contributes or has contributed substantially to the national defense, and any such agency in consequence of such disclosure has used such invention, the Secretary, upon the recommendation of the Board, may make a National Defense Award to such inventor in such amount, and subject to such terms and conditions, as the Board shall determine in conformity with the provisions of this Act to be just compensation for such invention or the use thereof. INVENTIONS AWARDS BOARD SEC. 5. (a) The Secretary is authorized to establish within the Department an Inventions Awards Board which shall be composed of not more than fifteen members appointed by the Secretary, for such term or terms as he may specify, from persons in civil life who are eminent in one or more of the following fields of activity invention, science, research, development, and patent law. The Board shall meet at such times as the Secretary may specify to consider applications made pursuant to section 6 of this Act for awards. Five members shall constitute a quorum of the Board. (b) Each member shall receive compensation at the rate of $75 for each day of his attendance at meetings of the Board, and shall be reimbursed for all travel expenses actually incurred by him in the performance of his duties as a member of the Board. (c) The Board shall perform the duties required of it by section 6 of this Act. The Secretary shall provide the Board with such personnel and facilities as he may determine to be required by the Board for the performance of its functions. (d) The Board may promulgate such rules and regulations, not inconsistent with this Act, as may be required for the performance of its duties hereunder. APPLICATIONS FOR AWARDS AND PROCEEDINGS THEREON SEC. 6. (a) Any inventor may file with the Secretary an application for an award under section 4 of this Act. Such application may be filed upon information and belief, and shall contain a statement concerning (1) the nature of such invention; (2) the ownership thereof: (3) the time and manner of its disclosure to any defense agency; (4) the nature and extent of its use by any defense agency; (5) the utility of such invention to the United States in the interest of national defense; (6) the nature and extent of the compensation received by such inventor from the United States under any other provision of law for or on account of the development or use of such invention; (7) the nature and extent of the compensation for which application is made pursuant to this Act; and (8) such other facts as the Board shall deem pertinent. (b) Each application so filed shall be transmitted to the Board which, subject to the provisions of this Act and of the Administrative Procedure Act, shall hear and determine the questions presented by such application, and shall make and transmit to the Secretary a report thereon in which the Board shall set forth(1) its findings of fact and conclusions of law; (2) its recommendation on the question whether the applicant is entitled to an award under this Act; and (3) the terms and conditions upon which any such award should be made. DETERMINATION OF ELIGIBILITY FOR AWARDS AND QUANTUM THEREOF SEC. 7. (a) In any proceding under this Act, the applicant shall bear the burden of establishing by probative proof the disclosure of the invention in question by the inventor directly or indirectly to a defense agency and the use of such |