ERIC Number: ED143281
Record Type: Non-Journal
Publication Date: 1974-Feb
Pages: 15
Abstractor: N/A
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Progress Towards a Uniform U.S. Government Patent Policy for Universities and Non-Profit Organizations.
Latker, Norman J.
The Constitution of the United States specifically addresses the question of intellectual property rights. This provision is not only noble but also practical, since it recognizes that the whole of society is best served when the creators are singled out and given special treatment. In the process of industrialization of this country, resources have tended to flow away from the individual creators toward highly sophisticated industrial research organizations. As creators needed to associate with these organizations, they had to assign their creative rights to the organization without compensation beyond their salaries. As government support of research grew, so did the simplistic thesis that what the government, or public, pays for, or partially pays for, it owns. This was an extension of the practice of assignment of creative rights to an employer. The problem with this thesis is that government ownership without provision for a delivery system (of inventions to public use) and special reward to the inventor nullifies the constitutional guarantee of rights. The formation of a comprehensive patent policy for the Energy Department's grants and contracts is an important step forward, and the pertinent legislation deserves careful examination. The patent system is an incentive system, and should serve the creative, especially those in the university, whose opinions cannot be discounted easily. (MSE)
Publication Type: Speeches/Meeting Papers
Education Level: N/A
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Sponsor: N/A
Authoring Institution: N/A
Grant or Contract Numbers: N/A