CHAPTER XV 



PATENT POLICY 



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DRC early recognized that the handUng of patent rights 

 to inventions made under its auspices would present a major problem not 

 easy of solution. The point was discussed at some length at the informal 

 conference of June 25, 1940, preceding the organization of the Committee. 

 There is no uniform policy applying to inventions made by Government 

 employees, and NDRC had a wide range of precedents upon which to base 

 its decision with reference to its own employees. NDRC technical personnel 

 were employed to supervise research under contracts, not to make inven- 

 tions. It was highly desirable that there be no possibility of their being 

 charged with using information obtained in the course of their duties to 

 establish patent rights for themselves. Accordingly the adopted policy, which 

 was put in writing as Administrative Circular 10.06 of September 15, 1943, 

 was that technical personnel should assign to the Government the titles to 

 inventions and discoveries made by them in the line of their dudes. The 

 limited extent to which OSRD employees engaged in making inventions 

 of their own is indicated by the fact that as of April 8, 1946, only twelve 

 inventions had been reported under this circular. 



Development of the Patent Clause in OSRD Contracts 



At the informal conference of June 25, 1940, Commissioner Coe was 

 requested to draft a tentative contract clause providing generally that when- 

 ever an invention was made in the course of research work financed in 

 whole or in part with funds advanced by the Committee, the NDRC 

 should decide whether a patent application should be filed and, on the basis 

 of equity, what were the respective rights of the inventor and of the Gov- 

 ernment. The matter was again discussed at the first meeting of the Com- 

 mittee on July 2, 1940; and on August 29, 1940, the Committee adopted a 

 principle which was incorporated in its early contracts in the following 

 language: , 



It is understood and agreed that whenever any patentable discovery or inven- 

 tion is made by the Contractor or its employees in the course of the work called 

 for in paragraph i hereof, the Committee shall have the sole power to deter- 

 mine whether or not a patent application shall be filed, and to determine the 

 disposition of the tide to and the rights under any application or patent that may 

 result. It is further understood and agreed that the judgment of the Committee 



