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86532

STUDY

PREPARED FOR THE

SUBCOMMITTEE ON

PATENTS, TRADEMARKS, AND COPYRIGHTS

OF THE

COMMITTEE ON THE JUDICIARY
UNITED STATES SENATE

EIGHTY-SEVENTH CONGRESS, SECOND SESSION

PURSUANT TO

S. Res. 267

Printed for the use of the Committee on the Judiciary

U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON: 1962

For sale by the Superintendent of Documents, U.S. Government Printing Office

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NITED STATES OF AMERICA

FOREWORD

The Subcommittee on Patents, Trademarks, and Copyrights is publishing the final report of the 1961-62 management survey of the U.S. Patent Office because of the widespread interest among Members of Congress, the executive branch, the bar, industry, and inventors in the serious problems confronting the Office. This report reflects a keen awareness of these problems and offers constructive suggestions to improve the functioning of the Office.

The subcommittee, in accordance with its mandate "to conduct a full and complete examination and review of the Patent Office", has had occasion in its series of studies on the American patent system and in its annual reports to explore many of the difficulties facing the Patent Office. It is especially gratifying to observe that many of the recommendations contained in this report are directed to areas of Patent Office administration previously pointed out by this subcommittee as being in need of careful study.

It is my understanding that the Commissioner of Patents is now in the process of evaluating each of the 179 recommendations contained in this report, and plans to implement all of those which are believed to be helpful, as expeditiously as possible. Many of the recommendations may be implemented entirely by administrative action. As to those which will require legislative approval, it is understood that the Commissioner of Patents will attempt to work these out with appropriate recommendations to the Congress for necessary remedial legislation.

While the report was primarily concerned with the administrative problems of the Office, it also recognizes the need for further study of the more fundamental issues confronting the patent system. It certainly is necessary for serious study to be given to measures to adapt the patent examining system to the requirements of contemporary developments and I welcome the recommendation in the report that such matters be seriously considered.

The Honorable Earl W. Kintner and his associates have rendered an outstanding public service in undertaking this survey. While the subcommittee regards this report as a major contribution to the improvement of the patent system, the subcommittee does not necessarily concur in all of the recommendations made in the report. JOHN L. MCCLELLAN, Chairman, Senate Subcommittee on Patents, Trademarks, and Copyrights, Committee on the Judiciary. JULY 2, 1962.

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