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OF THE

SUBCOMMITTEE ON PATENTS, TRADE-MARKS

AND COPYRIGHTS
1.5. Congress!
House COMMITTEE ON THE JUDICIARY
HOUSE OF REPRESENTATIVES

EIGHTIETH CONGRESS

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H. R. 65, H. R. 124, H. R. 1107, H. R. 1984
BILLS TO EXTEND TIME LIMITATIONS ON PATENTS
IN THE CASE OF VETERANS OF WORLD WAR II,
OR WHERE THE USE OF THE PATENTS

WAS PREVENTED BY WORLD WAR II
(Subsequent to the hearings, a revised bill, H. R. 4304, was
introduced and ordered reported by the subcommittee)

APRIL 2, MAY 9 AND 14, 1947

V
Serial No. 12

Printed for the use of the Committee on the Judiciary

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COMMITTEE ON THE JUDICIARY

EARL C. MICHENER, Michigan, Chairman JOHN M. ROBSION, Kentucky

EMANUEL CELLER, New York CHAUNCEY W. REED, Illinois

FRANCIS E. WALTER, Pennsylvania JOHN W. GWYNNE, Iowa

SAM HOBBS, Alabama LOUIS E. GRAHAM, Pennsylvania

WILLIAM T. BYRNE, New York RAYMOND S. SPRINGER, Indiana

ESTES KEFAUVER, Tennessee FRANK FELLOWS, Maine

JOSEPH R. BRYSON, South Carolina EARL R. LEWIS, Ohio

FADJO CRAVENS, Arkansas JOHN JENNINGS, Jr., Tennessee

THOMAS J. LANE, Massachusetts ANGIER L. GOODWIN, Massachusetts MARTIN GORSKI, Illinois CLIFFORD P. CASE, New Jersey

MICHAEL A. FEIGHAN, Ohio
E. WALLACE CHADWICK, Pennsylvania FRANK L. CHELF, Kentucky
ALBERT L. REEVES, Jr., Missouri

ED GOSSETT, Texas
KENNETH B. KEATING, New York
EDWARD J. DEVITT, Minnesota

C. MURRAY BERNHARDT, Chief Clerk
VELMA SMEDLEY, Assistant Chief Clerk

SUBCOMMITTEE ON PATENTS, TRADE-MARKS, COPYRIGHTS

EARL R. LEWIS, Ohio, Chairman E. WALLACE CHADWICK, Pennsylvania FRANCIS E. WALTER, Pennsylvania KENNETH B. KEATING, New York JOSEPH R. BRYSON, South Carolina

THOMAS J. LANE, Massachusetts

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CONTENTS

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EXTENSION OF PATENTS

WEDNESDAY, APRIL 2, 1947

HOUSE OF REPRESENTATIVES,

COMMITTEE ON THE JUDICIARY, SUBCOMMITTEE ON PATENTS, TRADE-MARKS, AND COPYRIGHTS,

Washington, D.C. The subcommittee met at 10 a. m., Hon. Earl R. Lewis, chairman, presiding.

Mr. LEWIS. The committee will come to order.
We will hear Congressman O'Hara first on his bill.
(The bills under consideration are as follows:)

[H. R. 65, 80th Cong., 1st sess.) A BILL To extend unexpired patents for periods equal to the length of time such patents

shall have been in force during the war Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) except as provided in subsection (b), the terms of all patents which are unexpired on the date of enactment of this Act are hereby extended for a period equal to the period beginning on December 7, 1941, and ending on the date of the termination of the war as proclaimed by the President or declared by concurrent resolution of the Congress.

(b) In the case of any patent (1) which shall have been granted during the period between December 7, 1941, and the date of the termination of the war as proclaimed by the President or declared by concurrent resolution of the Congress, or (2) which, but for the extension provided for in this Act, would have expired during such period, such extension shall be limited to a period equal to the period during which such patent shall have been in effect after December 7, 1941, and prior to the termination of the war.

(c) Any patent extended by the provisions of this Act shall have the same force and effect in law as though it had been orginally granted for seventeen years plus the term of such extension.

[H. R. 124, 80th Cong., 1st sess.) A BILL To provide for the extension of the term of certain patents in the case of persons

who serve in the land or naval forces of the United States during the present war Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any person serving in the land or naval forces of the United States at any time 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, who is on active duty, or who has been discharged or relieved from active service under honorable conditions, and who desires to secure extension of the term of a patent pursuant to this Act, may within six months after the date of the termination of hostilities in the present war, as proclaimed by the President, or the date of his discharge or release from such service, whichever is the later, upon payment of a fee of $20, make written application to the Commissioner of Patents, containing as a part thereof a statement setting forth

(A) that he is the inventor or discoverer of an invention or discovery for which a specified patent was granted prior to his entry into, or during his period of service in, the land or naval forces, the original term of which remains unexpired at the time of the filing of the application;

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