135 



In our case, in MONSANTO, one of our lead products is shipped 

 in international commerce without a lot of control. 



I think this is something that the Congress and the Executive 

 should pound away on. It's a very serious problem. 



Mr. GUTKNECHT. Above and beyond pounding away, which we 

 certainly concur, any particular specifics? And what about publica- 

 tion of patent and research information within three months? 



Do you think that's a cure for submarine patents and some of the 

 things that are happening? Any of the three who would like to com- 

 ment. 



Dr. Fox. Of course, I deal with this question a great deal, as in- 

 dividuals on our faculty increasingly have interactions with the pri- 

 vate sector and we must negotiate intellectual property rights. 



We strongly insist at the University of Texas, and I think at 

 most research-intensive universities, about the fact that the mis- 

 sion of the university is teaching and research and that the schol- 

 arly activities are really a public mission. 



And so, before we will accept a partnership agreement, we do in- 

 sist on the ability to publish eventually. We do agree for some 

 delay time in order to get patent protection. 



But what Mr. Mahoney was referring to is that having a patent 

 issued doesn't in all cases now achieve the kind of protection that 

 we had hoped for. 



Mr. Mahoney. The standard research contract that my prede- 

 cessor pioneered with Harvard, and it's been pretty much adopted 

 in most of the programs of the last decade, has about a six-month 

 lead time. 



That is to say, the publication is delayed six months while the 

 patents are being put together. And that hasn't been a deterrent 

 at all, to either the academic interests or the corporate interests. 



I was reminded one time by one of our research collaborators at 

 the university that we don't put the good stuff in the publication, 

 an3rway, so our scientific competitors won't get a lead on us. So 

 don't worry too much about your loss of information. 



That's not a universally-held feeling, however. 



Chairman Walker. Mr. Ehlers? 



Mr. Ehlers. Thank you, Mr. Chairman. 



Several comments and then a question. I appreciate the rec- 

 ommendation of the report. In fact, I appreciate all the work that's 

 been put into this report. And when I look at the 13 recommenda- 

 tions, the last nine by and large look good to me, although I have 

 questions about one of them. 



I am concerned about the first four — the creation of the FS&T 

 budget. 



I'm often asked by reporters and others why there are so few sci- 

 entists in the Congress, and I have a standard reply, which is usu- 

 ally good for a laugh. And that is that scientists prefer rational, 

 logical decision-making processes. 



[Laughter.] 



However, when I talk to my scientific colleagues and encourage 

 them to run for office, I point out to them that they should not be 

 deterred by that part of life here, that in fact they themselves have 

 made the most important decisions of their life on an emotional 



