Evening Star Newspaper, April 25, 1930, Page 16

A-16 FEDERAL PATENT RIGHTS ARE TESTED Employes, Alleged to Have; Capitalized on Duties, ‘ Kk Are Sued. The rights of the United States in dnventions of Federal employes, which t appear to have been only vaguely defined, re stressed in three separate suits filed yesterday by the Department of Justice against Percival D. Lowell and Francis W. Dunmore to recover patents covering apparatus for the operation of radio receiving sets by ordinary house current. ‘The Government claims this inven- tion, which during the past two years has practically revolutionized the radio industry, driving battery sets from the market, was worked out by the two men in the course of their offictal duties as employes of the radio laboratory of the Bureau of Standards. Dunmore still is employed there as an associate phy . Lowell was an associate phy S(andards in 19 paper, “An Ele using ' 60-cycle Supply Power for the Plates,” which contained the essentia} idea of the invention, was published #s an official bureau publication and presumably as a report on a bureau Tesearch project. Dunmore Delegated to Task. Through United States Attorney Leo A. Rover and Assistant Attorneys Gen- eral Charles B. Rugg and Alexander Holtzoss, the District Supreme Court is told in the su a; he was deleg: vestigations into the problem of de- veloping & radio relay, a loud speaker to operate on alternating house current end a receiving set to operate without batteries, After he had perfected the radio relay, it is stated, he obtained Jetters patent and sold the rights as they relate to the radio broadcasting to the Dubilier Condenser Corporation of Delaware and the rights relating to the printing telegraph apparatus to the Morkrum Co. of Maine. These con- cerns also are defendants in suits, ‘With scores of patentable inventions being produced by scientific employes of the Government, the case becomes of ramount importance. ‘The validity of the Lowell and Dun- more patents was recently sustained in actions brought by the two against the Radio Corporation of America. Under the act of April 30, 1928, “the Commissioner of Patents is authorized to grant to any officer, enlisted man or employe of the Government, except officers and employes of the Patent Office, a patent for any invention with- out payment of any fee when the head of ‘the department or independent Bureau certifies such invention is used or liable to be used in the public in- terest: Provided, that the applicant in his application shall state that the in- vention described therein may be manu- factured and used by the Government for Government purposes without the payment to him of any royalty thereon, which stipulation shall be included in the patent.” An act of June 25, 1910, gives the owners of inventions the right to sue the Goyernment for infringement, “pro- vided that benefits of this act shall not injure to any patentee who, when he makes such claim, is in the employment or service of the Govern- ment of the United States, nor shall this act apply to any device discovered or invented by such employes during the time of his employment or service.” ‘The Bureau of Standards has a gen- sral policy, known to all employes, which ‘was approved by the director November 2, 1922, which follows in part: “The free use of the results of the of the Bureau of when his technical on Tube Amplifier Alternating Current to Filaments and Just Think MILLIONS OF cups oF bureau’s activitles must not be re- stricted by copyright or by patent. The output of the bureau (within its func- tions) belongs to the people of the United States and, of course, to all Government agencies established by the public, This-output comprises all results of the bureau's researches, whether in the form of new knowledge or new processes, materials or devices. A copyright is out of the question, since the bureau is glad to have its work reprinted as widely as possible. The only justification for a patent by a member of the bureau staff is to pre- vent private individuals from patenting and restricting the free use of the re- sults of the bureau’s work by the public. All such patents, therefore, should natu- rally be dedicated for free unrestricted use by the public. “The bureau could not honorably re- tain in its service employes who would fail to accord to the public the full right to the free use of all ‘results of the bureau’s work (other than work re- strk‘fed to Government use). “From all points of view, the output of the bureau belongs to the people, for they own and maintain the establish- ment, including its buildings, equip- ment and facilities, and they. pay for the ~personal (including inventive) service of the staff.” Policy Not Strained. But although the statement is not implicit in the policy, it was explained at the bureau, the restriction generally has been held to refer only to inven- tions and copyrightable articles the ideas for which would naturally be assumed to arise from the employe's actual duties, for which he received his salary, and there is no attempt to THE EVENING STAR, WASHINGTON, D. C., FRIDAY, APRIL 25, strain this interpretation. Thus, an employe of the radio laboratory would be within his rights in patenting as his private property a device applicable to the mechanism of internal combustion engines not involving a radio principle, even if the idea might conceivably have arisen from his assoclations at the bureau. Or a clerical employe probably would be entitled to patent anything For some time, it was learned, there has been agitation among scientific employes of the Government for & clearer statement of their rights -.nd restrictions. e School League Dance. BARCROFT, Va. April 25 (Spe- cial).—A dance for the benefit of the Barcroft School and Civic League will be held tonight in the community house here. Good music is promised. Thomas E. 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