22 HISTORY OF THE COMMITTEE ON SCIENCE AND TECHNOLOGY 



PATENT POLICY 



When the administration sent its proposed bill to Capitol Hill, 

 there was no language included concerning patent policy, a subject of 

 intense interest to the aerospace contractors who would play such an 

 important role in the space program On May 24, when the House 

 select committee made its initial report, a patent provision was in- 

 cluded which was based primarily on the language and approach of 

 the Atomic Energy Act, enabling the Government to retain control 

 over patents resulting from research sponsored by NASA. The Senate 

 committee included comparable patent provisions. By the time the bill 

 reached the Senate floor for debate, Senator Johnson was subjected to 

 intense pressure by a number of contractors, patent lawyers, and others 

 who contended that the aerospace industry differed sharply from 

 atomic energy, where most developments were Government con- 

 trolled. In order to give the Senate a free hand in conference, Senator 

 Johnson withdrew the Senate committee patent provision during the 

 floor debate on the Space Act. 



Prior to the meeting of the conference, Chairman McCormack 

 appointed a Patent Subcommittee headed by Representative Natcher, 

 and including Representatives Hays, Metcalf, Arends, McDonough, 

 and Keating. The subcommittee and its staff discussed the problems 

 involved with many interested parties, both Government and private, 

 for several weeks. Although the Natcher subcommittee made some 

 formal recommendations softening the original House patent language, 

 it is interesting that the final version written into the Space Act was 

 based primarily on a new draft produced at the conference committee 

 by the Senate staff. As the conference opened, Select Committee Staff 

 Director George J. Feldman observed: 



Had I seen the Senate version before last night, I would have recommended the 

 adoption of the Senate provision with a few minor changes, instead of the House 

 proposal. 



Obviously pleased, Johnson, who was chairing the conference, 

 commented: "Well, there is a sign of a big man." The conference 

 recessed for a few minutes and the House and Senate staffs came up 

 with an agreement which was then incorporated into the Space Act 

 as approved. 



The final language written into law essentially gave title to the 

 United States of those inventions made pursuant to NASA contracts, 

 but gave authority to the NASA Administrator to waive title. Con- 

 troversies over titles were to be referred to the Patent Office, subject 

 to appeal to the Court of Customs and Patent Appeals. 



