NATURE 



293 



THURSDAY, MARCH 9, 1922. 



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Awards for Discovery and Invention. 



N example of the changed conditions brought 

 about by the poHcy of Government encouraging 

 appUcation of science to industry will be found in 

 " Report of the Inter-Departmental Committee 

 ^pointed to consider the Methods of dealing with 

 iventions made by Workers aided or maintained from 

 Public Funds" (pp. 25, H.M.S.O., price 6d. net). 

 Before the War this subject was dealt with by Depart- 

 ments in a nianner which frequently caused workers to 

 desire arbitrators who, if not more sympathetic, might 

 at least have knowledge of affairs, and act in accordance 

 with some guiding principles. There were three 

 courses which might be adopted by Government 

 Departments, involving complete control, control by 

 Government with delegation of its rights to its con- 

 tractors but leaving commercial use to the inventor, 

 and finally release from any obligation, with freedom 

 to deal with invention as the inventor pleased. In 

 those days, however, the cases coming up for decision 

 were few, and the number of individuals affected small, 

 whereas now Government employs a large body of 

 persons on scientific and technical work, any of whom 

 may, at any time, produce an invention. The import- 

 ance of such an invention, although emanating from 

 a laboratory belonging to the Fighting Services, may 

 be even greater from a civil than from a military point 

 of view. 



Urgency was imported into the consideration of the 

 question when inventions of commercial value began 

 to be produced by the Department of Scientific and 

 Industrial Research. Regulations had already been 

 framed by that Department by which, while the 

 results of an assisted worker who has chosen some 

 field for extending knowledge, are under no restriction 

 NO. 2732, VOL. 109] 



as to publication, an obligation was imposed on him 

 to consult the Department if he desired to make 

 commercial use of his investigations. A patent might 

 then be taken out in the joint names of the inventor 

 and of an Imperial Trust, and the proportional interests 

 of the Department, of the inventor, and of any co- 

 operating bodies were determined by the Department. 

 The inventor assigned all rights in the patent to the 

 Imperial Trust, which it is understood found a difficulty 

 in exploiting patented inventions commercially. Varia- 

 tion in treatment of the subject and the unsatisfactory 

 nature of some of the prevailing conditions thus called 

 for a settlement of the method of treating inventors 

 aided or maintained from public funds, and of the 

 method of utilising their inventions in industry. 



The Report proceeds to consider the difficult sub- 

 ject of the ownership of inventions made in Govern- 

 ment employment. It deals first with the case of 

 research workers, and secondly with persons not 

 specially employed on research, expressing the view 

 that in connection with such questions as rewards and 

 the enjoyment of commercial'rights each case should 

 be decided on its merits. It is clear from the context 

 that, as regards inventions made by research workers, 

 divergent views have been expressed by the numerous 

 witnesses who have been called before the Committee, 

 and the result of a consideration of these views is 

 embodied in the following passage : — 



" In the case of a research worker employed by 

 Government, the view has been expressed that, since 

 he is employed for the purpose of making investigations 

 and is provided with equipment, accommodation and 

 other facilities at the cost of the State, he should not, 

 as a general rule, be entitled to a reward or to any 

 rights in any invention made in the course of his duty. 

 On the other hand, there is a feeling amongst scientific 

 men that rewards for specially meritorious work would 

 have the effect of encouraging further effort. While 

 we are, on the whole, in agreement with the former 

 view, we consider that these are questions which should 

 be decided in the light of all the circumstances in each 

 case, the general principle being that the invention 

 is the property of the State, and that the reward to the 

 inventor (either by way of a money grant or of a share 

 of patent rights or otherwise) should be increased or 

 diminished in proportion to the remoteness or proximity 

 of the invention to the work for which he was engaged 

 or for which he had special facilities or knowledge as 

 the result of his employment." 



From this statement it is apparent that the Com- 

 mittee appreciates that it would be unwise to lay down 

 a rule governing all cases, and that in dealing with the 

 question of rewards the merits of each individual case 

 should be taken into consideration. To bring the 

 matter to an issue certain principles are enunciated, 

 the chief features of which are that a competent 

 authority should define in the light of all the circum- 



