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(B) that during the period beginning December 7, 1941, and ending on the date of the termination of hostilities in the present war, as proclaimed by the President, and also at the time of the filing of the application, he held, by ownership or contract, a right in said invention or under said patent or to income by way of royalty or otherwise thereupon, whereby an extension of the term of said patent would benefit him; (C) the names of all persons, firms, or corporations, if any, holding on the date of the filing of the application, by grant, transfer, license, or contract from him, any right or interest in the invention or discovery or under the patent; (D) the period of extension of the patent from the expiration of the original term thereof, for which he applies, which shall in no case exceed a further term of three times the length of his said service in the land or naval forces of the United States during the period beginning December 7, 1941, and ending on the date of the termination of hostilities in the present war, as proclaimed by the President; (E) that the licensee of a patent affected by this Act shall automatically be granted an extension of said license for the period of the extension on the same terms and conditions as contained in said existing license, thereby creating an equitable adjustment of the benefits of this Act; and (F) that such extension shall in no way impair the right of anyone who, before the date of enactment of this Act was bona fide in possession of any rights in patents or applications for patents conflicting with the rights in any patents extended under this Act, nor shall any extension granted under this Act impair the right of anyone who was lawfully manufacturing before the date of enactment of this Act the invention covered by the extended patent. SEC. 2. In the case of an individual described in section 1 of this Act who dies, or has died, or who becomes insane or unable to act, and who owned an interest as described in this Act in said patent at the time of his death or at the time he was declared mentally incompetent, or becomes unable to act before said extension is granted, such application may be filed or proceeded with by his legal representatives substantially as provided in section 4896 of the Revised Statutes, as amended, with respect to proceedings in such cases for obtaining a patent. SEC. 3. On the filing of such application, which shall be made and verified in such form and manner as the Commissioner of Patents shall prescribe, the Commissioner of Patents shall cause an examination thereof to be made, and if, on such examination, it shall appear that such application conforms, or by amendment or supplement is made to conform, to the requirements of section 1 of this Act, the Commissioner shall cause notice of such application to be published at leat once in the Official Gazette. Any person who believes that he would be injured by such extension may within forty-five days from such publication oppose the same on the ground that any statement in the application for extension is not true in fact, which said notice of opposition shall be verified before an officer authorized by the laws of any State or Territory or the IDistrict of Columbia to administer oaths. In all cases where notice of opposition is filed the Commissioner of Patents shall notify the applicant for extension thereof and set a day of hearing. If after such hearing the Commissioner is of the opinion that such extension should not be granted, he may deny the application therefor, stating in writing his reasons for such denial. Where an extension is refused, the applicant therefor shall have the same remedy by appeal from the decision of the Commissioner as is now provided by law where an application for patent is refused. If no opposition to the grant of the extension is filed, or if, after opposition is filed, it shall be decided that the applicant is entitled to the extension asked for, the Commissioner shall issue a certificate that the term of said patent is extended for the additional period for which application has been made as a foresaid, and shall cause notice of such extension to be published in the Official Gazette and marked upon copies of the patent for sale by the Patent Office, in such manner as the Commissioner may determine. SEC. 4. Thereupon said patent shall have the same force and effect in law as though it had been originally granted for seventeen years plus the term of . such extension : Provided, however, That in any action, at law or in equity, for infringement after the expiration of seventeen years from the grant of the patent and during the period of such extension, the defendant may plead the general issue, and having given notice in writing to the plaintiff or his attorney thirty days before, may prove on trial that any of the statements of the application for extension required by section 1 of this Act is not true in fact; and if any one

or more of such statements shall be found untrue in fact, judgment shall be rendered for the defendant, with costs: Provided further, That no person whose patent shall be extended under the provisions of this Act shall be permitted to make any claim for damages against the United States for the period of the extension, and the rights of the United States shall remain in all respects as if these patents had not been extended.

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A BILL Providing for the extension of the time limitations under which patents were issued in the case of persons who served in the military or naval forces of the United States during World War II

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any person who served honorably in the military or naval forces of the United States at any time between December 7, 1941, and September 2, 1945, both dates inclusive, and was subsequently honorably discharged, may within six months after the enactment of this Act, or within six months after such honorable discharge if still in the military or naval forces of the United States at the time of such enactment, upon payment of a fee of $30, make application to the Commissioner of Patents, comprising a verified statement, accompanied by supporting evidence of the following facts: (A) That he is the inventor or discoverer of an invention or discovery for which a specified patent was granted prior to the 2d day of September 1945, the original term of which remains unexpired at the time of the conclusion of World War II, September 2, 1945. (B) That, in lieu of being the inventor of said patent or patents between December 7, 1941, and September 2, 1945, and also at the time of the passage of thi Act, he held, by ownership or contracf, a right in said invention or under sai patent or to income by way of royalty or otherwise therefrom, whereby an extension of the term of said patent would benefit him. (C) That between December 7, 1941, and the date of enactment of this Act, he was not receiving from said patent an income, or that his income therefrom was substantially reduced as a direct result of his said service. (D) That at the time of his induction into the service he was making diligent effort to exploit the invention covered by his patent. (E) The names of all persons, firms, or corporations, if any, holding at the time of the passage of this Act, by grant, transfer, license or contract from him, any right or interest in the invention or discovery or under the patent, and their consent to the extension for which application is made, which shall be supported by an instrument, or instruments, executed by all such persons, firms, and corpoations, evidencing their consent to such extension. (F) The period of extension of the patent from the expiration of the original term thereof, for which he applies, which shall be for a further term equaling twice or three times the length of his said service in the military or naval forces of the United States between the dates of December 7, 1941, and the date of enactment of this Act, but exclusive of any reenlistment subsequent to September 2, 1945. (G) That the licensee of a patent affected by this Act shall automatically be granted an extension of said license for the period of the extension on the same terms and conditions as contained in said existing license, thereby creating an equitable adjustment of the benefits of this Act. (H) That such extension shall in no way impair the right of anyone who before the passage of this Act was bona fide in possession of any rights in patents or applications for patents conflicting with the rights in any patents extended under this Act, nor shall any extension granted under this Act impair the right of anyone who was lawfully manufacturing before the passage of this Act the invention covered by the extended patent. - SEC. 2. In the case of a veteran, as described in paragraph 1 of this Act, who dies, or has died, or who becomes insane or unable to act, which veteran owned an interest as described in this Act in said patent at the time of his death or at the time he was declared mentally incompetent or became unable to act before said extension is granted, such application may be filed or proceeded with by his legal representatives substantially as provided in section 4896 of the Revised Statutes of the United States, as amended (U. S. C., 1940 edition, title 35, sec. 46), with respect to proceedings in such cases for obtaining a patent.

SEC. 3. On the filing of such application the Commissioner of Patents shall cause an examination thereos to be made, and if, on such examination, it shall appear that such application conforms, or by amendment or supplement is made to conform, to the requirements of section 1 of this Act, the Commissioner shall cause notice of such application to be published at least once in the Official Gazette. Any person who believes that he would be injured by such extension may within forty-five days from such publication oppose the same on the ground that any of the statements of the application for extension required by section 1 of this Act is not true in fact, which said notice of opposition shall be verified before an officer authorized by the laws of any State or Territory or the District of Columbia to administer oaths. In all cases where notice of opposition is filed the Commissioner of Patents shall notify the applicant for extension thereof and set a day of hearing. If after such hearing the Commissioner of Patents is of the opinion that such extension should not be granted, he may deny the application therefor, stating in writing his reasons for such denial. Where an extension is refused the applicant therefor shall have the same remedy by appeal from the decision of the Commissioner to the United States Court of Customs and Patent Appeals as is now provided by law where an applicant for patent is dissatisfied with the decision of the Patent Office Board of Appeals. If no opposition to the grant of the extension is filed, or if, after opposition is filed, it shall be decided that the applicant is entitled to the extension asked for, the Commissioner of Patents shall issue a certificate that the term of said patent is extended for he additional period for which application has been made as aforesaid, and shall cause notice of such extension to be published in the Official Gazette and marked upon copies of the patent for sale by the Patent Office, in such manner as the Commissioner may determine. SEC. 4. Thereupon said patent shall have the same force and effect in law as though it had been originally granted for seventeen years plus the term of such extension: Provided, however, That in any action, at law or in equity, for infringement after the expiration of seventeen years from the grant of the patent and during the period of such extension, the defendant may plead the general issue, and having given notice in writing to the plaintiff or his attorney thirty days before, may prove on trial that any of the statements of the application for extension required by section 1 of this Act is not true in fact; and if any one or more of such statements shall be found untrue in fact, judgment shall be rendered for the defendant, with costs: Provided further, That no person whose patent shall be extended under the provisions of this Act shall be permitted to make any claim for damages against the United States for the period of the extension, and the rights of the United States shall remain in all respects as if these patents had not been extended.

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A BILL To provide for the extension of patents whenever the use of the same has been prevented by war or other causes

Whereas, due to World War I, World War II, other periods of national emergency, or other unforeseen circumstances, valuable patent rights have lapsed or will lapse without the patent owners obtaining a reasonable reward or remuneration for their efforts expended in obtaining and holding such patent rights during the lifetime of the patents. Therefore

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, in order to obtain for such persons their complete rights under the patent laws, the President shall have the power to extend said patents for an additional term not to exceed seventeen years.

SEC. 2. Any owner of a patent may petition the President in the form and manner required by rules and regulations prescribed by the President pursuant to section 5, for a renewal or extension of his patent, and upon a showing that he has obtained and will obtain no benefit from such ownership during the lifetime of such patent and that the invention set forth therein is of great value, such patent may be extended.

SEC. 3. The President, through such department. agency, or officer of the Government as he may direct, shall accept any such petition, which is presented in the proper form and manner, examine the same, and, if satisfied with the showing made, shall extend such patent.

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SEC. 4. Whenever any such petition is refused, the petitioner may appeal to the United States Court of Claims, which shall have exclusive jurisdiction to review such proceedings.

SEO. 5. The President shall promulgate appropriate rules and regulations to govern the administration of this Act, and subject to such rules and regulations he may exercise any power, authority, or discretion conferred on him by this Act through such department, agency, or officer of the Government as he may direct.

SEC. 6. If any provision of this Act or the application of any provision to any person or circumstances shall be held invalid, or if any provision of this Act shall be inoperative by its terms, the validity or applicability of the remainder of the Act, and the applicability of such provisions to other persons or circumstance shah not be affected thereby. STATEMENT OF HON. JOSEPH P. O'HARA, A REPRESENTATIVE IN

CONGRESS FROM THE SECOND DISTRICT OF THE STATE OF MINNESOTA

Mr. O'HARA. Mr. Chairman and members of the committee, I have no prepared statement. I am merely going to make the brief statement that, as I recall, it was in the Seventy-eighth Congress I introduced, at the request of one of my personal friends who was serving in the Navy, a bill for the purpose of extending the life of patents held by those serving in the armed forces during World War II.

Finally, in the last Congress, through the efforts of our good friend Mr. Lanham, a bill was finally passed which incorporated the principle of the legislation which I had introduced and perhaps covered it a little more fully than my bill did. For the purpose of the record, that bill passed the House, but did not pass the Senate, and the committee may be interested in the amendments that were made. I presume that Mr. Lanham, who is here this morning, will speak about that. It is in the Congressional Record of July 27, 1946.

Subsequently, that bill never passed the Senate.

Now, Mr. Chairman, the purpose of this legislation is to extend the life of a patent held by any person who was the owner of a patent during the period of time commencing December 7, 1941, and ending with the date of the termination of the hostilities of the war.

Now, I personally feel that the extension of these patent rights should be for the benefit of men who served in the armed services. There is only one matter, I think, which we should be careft of, and that is the language so as to include the date of either the termination of the war or the discharge of the man from the service.

For example, this particular friend of mine who interested me in introducing this legislation is about to get out of the service, but has not been discharged as yet, and I think the language of either my bill or the language of the bill that was passed, known as the Lanham bill, in the last session of the Congress-and, incidentally, Mr. Lanham has found the page for me. The reference is on page 10426 of the Congressional Record for July 27, 1946.

I am not making any claim as to any expertness in the matter of patents at all, because, I want to be frank with you, there is no one who knows much less about it than I do.

The Patent Office, I think, generally has not favored the extension of these patents.

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I would like to say to the committee that in having this legislation drafted, I find that there was such an extension granted after the last war. Mr. Lanham informs me this morning that there were only six who either took advantage of or who came in under that law. However, there are some very valuable patent rights of these people who were in the service. Take my particular friend, who was the inventor and owner of a very successful new keyboard on a typewriter. Of course, during the war, he has not been in a position to do anything but to give his entire time and services to the country, and still is, as far as that is concerned, and has been for about 5 years, so that this means a great deal to him. I think we should do everything possible. My one criticism of our patent laws is that we do not do enough to encourage our inventors and to protect them to a certain degree in the genius and the work that they have done. Now, I am not going to take any great amount of time. I merely want to introduce this subject to the committee. I am very grateful to the committee for an opportunity to be heard, and I think that it is rather important that some action be taken upon some type of legislation which may be passed in the near future so that these men who have these patents may be protected. I think the language of either my bill or the bill which was passed in the last session in the House but which did not pass the Senate amply |..". the men who have been discharged, as to the language, but I also want to be sure to protect those who have not yet been discharged. I think the principle of the bill is sound, and whatever the committee brings out, whether it brings out my bill or some bill with the substance of the thought behind it, is all that I am concerned about. Mr. Chairman, that is all I have to say, and I am very grateful to the committee, and thank them for this opportunity. Mr. LEwis. Does any member of the committee have any questions? Mr. KEATING. You do not have the wording of the bill passed after the First World War: do you? Mr. O'HARA. No; I do not, Mr. Congressman. I know I had the drafting service draw this bill, H. R. 124. Now, whether they went back to that language or not, I do not know. Do you know, Mr. Lanham' Mr. LANHAM. Not exactly. The bill introduced by Mr. Rich is quite similar to the law passed in 1928. The bill introduced by Mr. O'Hara is similar in many respects. Mr. LEwis. I notice that you fix the date as the date of the termination of hostilities. That has already been terminated by the order of the President, has it not? Mr. O'HARA. I believe that since the last session of Congress that has been done; yes, sir. Mr. LEwis. I think it was terminated as of December 31. Mr. O'HARA. I think in consideration of this bill we will refer to the record. If you will refer to the record of the bill which was passed in the last session, I believe possibly that that has been covered by the amend

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