226 ORGANIZING SCIENTIFIC RESEARCH FOR WAR 



cillin for war casualty use could be expedited by a full interchange of infor- 

 mation among all research teams so that one team would not waste valuable 

 time on work already done by another team. With the advice of the Com- 

 missioner of Patents and after clearance with the Department of Justice, 

 an arrangement was worked out with the commercial organizations under 

 which (i) there would be complete interchange through OSRD of infor- 

 mation discovered by all the OSRD contractors; (2) the commercial organ- 

 izations would continue to finance their own work, and (3) OSRD would 

 have the right to determine the disposition, among the organizations that 

 made contributions through OSRD of valuable information or inventions, 

 of all patents covering discoveries or inventions made under the contracts 

 that were attributable to the interchange of information through OSRD. 

 In addition the Government was to receive a royalty-free license for military, 

 naval, and national defense purposes under all patents resulting from work 

 done by these contractors in the synthetic penicillin field, both before and 

 after the execution of the OSRD contracts. Finally, OSRD was given the 

 right to require contractors who would ultimately become the titleholders 

 of the patents to license other designated organizations, whether or not 

 they contributed inventions or relevant information, upon the payment of 

 reasonable royalties. 



Administration of the Patent Program 



Bush wanted to place the active administration of the OSRD patent pro- 

 gram in the hands of a man familiar with Army and Navy patent prac- 

 tices. At his request the Secretary of the Navy assigned to OSRD Com- 

 mander (later Captain) Robert A. Lavender, U.S.N. (Retired), who was 

 designated as Advisor on Patent Matters on October 16, 1941. Lavender's 

 first assistant was Lieutenant Colonel Paul P. Stoutenburgh. 



It was realized that the full enjoyment of the rights under inventions 

 made in carrying out the subject work of OSRD contracts could be had 

 only by the careful administration of the patent articles. Not only should 

 the reports of inventions be complete in their technical details so that the 

 Government would be in a position to prepare and file applications promptly, 

 but also the original records of the making of the inventions should be ac- 

 curate and complete to establish the Government's position before the 

 Patent Office in interference proceedings, as well as before the Court of 

 Claims in case the Government should be sued later on a patent under which 

 it had no license. 



The Division Chiefs were selected as the logical officials, technically and 

 administratively, to supervise the reporting of inventions. They had the 

 assistance of Technical Aides, each of whom was in close touch with the 

 work carried on under certain contracts. The Technical Aides were also 



