138 



Mr. ROHRABACHER. Unfortunately, around here, when it comes to 

 finding ways to balance the budget, we always end up with the last 

 resort. 



It's funny how you go through all of the different procedure and 

 you always end up at the last resort. At the Department of Energy, 

 in terms of their decision-making, did you find that it was ade- 

 quately based on science rather than having the politics too deeply 

 involved in the selection process? 



Dr. Press. We didn't analyze the Department of Energy and its 

 present leadership and the decision-making there at this time. 



But if you think of what we have in mind for a Federal Science 

 and Technology budget, that kind of evaluation, that kind of trade- 

 off based upon performance would be part of the allocation process. 



And so, if there is a situation as you've described, I'm not sure 

 that there is, not having studied it, I think we see the cure in what 

 we're recommending here. 



Mr. ROHRABACHER. Okay. In another area which my colleague 

 has just approached and broached the issue about patent issue, 

 maybe to your two colleagues who are with you today, there are 

 two pieces of legislation, my legislation, which is H.R. 359, which 

 would restore a guaranteed 17-year patent term to American in- 

 ventors, which was taken away from them in the GATT implemen- 

 tation legislation, versus another piece of legislation by my col- 

 league, Mr. Moorhead, which would basically insist on the publica- 

 tion of patent applications after three months, whether or not the 

 patent is issued or not. 



My question to you both, as we just heard complaint about for- 

 eign countries stealing our patents, do you believe that insisting 

 that all American patent applications be published after three 

 months, whether or not the patient has been issued, will encourage 

 people overseas to steal those patents because now they know them 

 before they're issued? 



Mr. Mahoney. Well, the answer is more complicated than yes or 

 no. 



In Europe, generally they publish before the U.S. 



Mr. ROHRABACHER. Right. 



Mr. Mahoney. And so, that kind of lets the cat out of the bag 

 in most cases and they precede the U.S. by a substantial amount 

 in most cases. 



Mr. ROHRABACHER. But not American patents. 



Mr. Mahoney. Well, they're American companies that need 

 world-wide patents. 



Mr. ROHRABACHER. Right. 



Mr. Mahoney. And they issue usually in Europe first. So that, 

 as I say, quite often, if not very often, precedes any U.S. issue or 

 any U.S. publication. 



And the patent restoration, coming from industry, is obviously 

 extraordinarily important. But as far as the three-month publica- 

 tion, I don't have a point of view on that. 



Dr. Fox. It certainly is true that many companies want a longer 

 time for evaluation of work than three months. So there will be 

 people in industry who would prefer a longer time than three 

 months. 



