Patents i n the USSR J . G . T O L P I N , U n i v e r s a l O i l P r o d u c t s C o . , Chdcago, 111. A S o v i e t c h e m i s t is able t o p a t e n t covers only preparation m e t h o d s , A R E the results of research in the U S S R protected b y patents? Does the Soviet Union h a v e a patent sj'stem similar to ours? H o w do disclosures in Soviet patents a n d technical literature affect the patentability of American inventions and potential trade with the USSR? T o anyone interested in scientific developments in other countries or in prosecution of patent applications abroad, these questions are significant. Trade relations with the U S S R involve the problem of patent protection for American processes there. Processes may constitute a more important part of trade in t h e chemical field than products &r equipment, as one of the basic ideas i n the plans for t h e development of the Soviet chemical a n d oil refining industries involves construction of their own equipm e n t and Soviet production of manufactured articles to cover all national needs. I n many cases the Soviet managers of industry regard it as a short-cut to adapt processes developed in other countries to the needs of the U S S R , if no comparable processes have been developed thereConsidering the foregoing, some salient points of the situation with respect to Soviet patents are of interest. For over 15 years the official policy of the Soviet Government has been t o encourage inventive activity by all meansPatent protection is one of thèse means. A law w a s accordingly promulgated in 1931 which offered remuneration for inventions and technical improvements. In 1933 a Committee on Inventive Activities was s e t up within t h e Council of Labor and Defense. T h e most recent patent law supersedes all above-mentioned legislation. I t w a s approved b y the Soviet Governm e n t on March 5, 1941. Subsequently, an instruction regarding remuneration for inventions, technical improvements, and suggestions for more advantageous use o f processes was approved on Nov. 27, 1942. T h e Soviet patent law distinguishes b e t w e e n author's certificates and patents, and the inventor m a y choose to demand, either of t h e two. Only inventions suitable for industrial utilization are p a t e n t able by either of these t w o methods. A n author's certificate automatically gives the state t h e right to utilize the invention for remuneration, determined by the state. A patent confers upon t h e inventor e x clusive right to his invention for 15 years. Inventors employed by research institutes or industrial laboratories or working under contract for a state or cooperative organization, or subsidized by t h e latter d e v e l o p m e n t of the invention, are entitled t o
434
his inventiorxs, but p r o t e c t i o n not t h e products themselves
a n author's certificate, but not a patent. The amount o f remuneration to the holder of a n author's certificate depends upon the technical significance of the invention or improvement a n d its economic value to t h e national economy, a s well as o n the amount of development it m a y still require before it c a n be put into industrial operation. For instance, if an invention i s estimated to h a v e brought about savings t o the national economy of from 100,000 t o 250,000 rubles per year, the inventor receives 5 % of t l i e savings, plus 3,500 rubles. (There is no official valuation of t h e ruble in this country. I n the U S S R a a U. S. dollar is v a l u e d at approximately 5 rubles.) A suggestion for improvement of a process similarly rated is paid for by only 1.25% of t l i e savings, plus 1,000 rubles. A.dditiona.1 bonuses are paid to inventors for assistance in the utilization of their inventions. Earnings from inventions or technical improvements up to 10,000 rubles are e x e m p t from income tax. Inventors have preference i n applying for positions i n research institutions. T h e patent or author's certificate rights can be inherited. Cases are known in which Soviet citizens have applied to courts in order to collect from various organizations—for instance, from t l i e management of the Moscow subway money allegedly due them for t h e use o f their invention. The expenses incurred in connection with remuneration to inventors, testing, expert advice, a n d further development and industrial application of accepted inventions a r e covered by special appropriations included in "the national budget, if
CHEMICAL
the invention has a bearing o n t h e national economy; otherwise, they are covered by the cooperative or local organization which benefits directly from the invention or improvement in an operation. The expenses for testing accepted inventions may exceed previously approved limits of expenses for capital construction. This provision is characteristic of t h e trend expressed in the Soviet patent law—viz., to promote speedy development of industrial improvements from t h e stage of conception of an in ventive idea t o i t s adaptation t o industry. When the inventor prefers a patent but the invention is of exceptional importance to t h e state, the government of t h e U S S R m a y expropriate it or order t h e patentee to issue a license t o the state. T h e right t o issue author's certificates and patents is vested in t h e individual commissariats (now ministries), national as well as local, and also other government organizations specified by t h e law—for instance, a patent for a chemical invention will be issued by the Ministry of t h e Chemical Industry. N o p a t e n t protection is possible for chemical products; only new methods of preparation of these can be protected. Medicinal preparations and foodstuffs, if prepared b y other t h a n chemical means, and also n e w a n d verified methods of curing diseases, c a n be protected b y author's certificates, b u t n o t b y patents; methods of preparation of food and medicinal substances, however, can be protected b y patents. T h e Soviet classification of inventions is arranged in 89 classes w i t h some subclasses; it is similar to t h a t practiced by the German patent office. Undue delay in examining, developing, and applying an invention is punishable under t h e Soviet patent law. This law further provides for special handling of secret inventions— those relating t o national defense or for some other reason regarded a s requiring secrecy. T h e highest number of a S o v i e t patent known t o t h e writer is over 60*000. Non-Soviet citizens are accorded rights under t h e law similar to t h o s e enjoyed b y t h e citizens of the U S S R — b a s e d , however, on the principle of reciprocity with t h e country in question. T o foreigners, patents b u t not author's certificates are i s sued. T h e y are obliged t o a p p l y through the P a t e n t Bureau of the All-Union C h a m ber of Commerce, which acts a s agent for t h e foreign applicant. S o m e American firms h a v e in the past t a k e n out S o v i e t patents and a few appear t o have e x changed their patent rights with s o m e Soviet industries. Modern Russian and non-Russian scientific literature indicates t h a t relatively few Soviet patents h a v e been granted in recent years t o foreigners in t h e various fields of the applied sciences. T h e inventor, his heirs, or an institution acting as his agent apply for a n author's certificate or a patent to t h e proper ministry and m a y supplement t h e application
AND
ENGINEERING
NEWS
within a month or, upon application to the ministry, this period may be extended t o three months. The ministry forwards the application to the Inventions Bureau of the State Planning Committee for examination for novelty; this bureau is obliged to issue a report within two months. U p o n re ceipt of the latter the ministry has two more months to decide upon t h e patenta bility of the subject of the application from the point of view of utility, in addi tion t o novelty. If the applicant is de nied a patent he can appeal to t h e minister in question within a month. Objections against an issued author's certificate may be raised by individuals, organizations, or state institutions within a year; against a patent, throughout its life span. If the basis of the objection is alleged lack of novelty, the decision of the Bureau of Inventions is final; if doubt is expressed that the applicant is the true inventor,
the case goes to a court of law. Within three months after the preliminary note is published by the Bureau of Inventions indicating the intention to grant a patent, objections may be raised against it and these are to be acted upon by the bureau within two montlis. The Bureau of Inventions of the State Planning Committee publishes specifica tions of patented inventions. It also publishes the "Bulletin of the Bureau of Inventions", containing notes about offi cial actions of the bureau, about pending patents, abstracts of author's certificate?, Soviet and foreign patent news. An important drawback to an attempt to determine the patentability of Ameri can inventions in the U S S R consists in the lack in this country of the Russian patent literature and technical literature in gen eral. Soviet research and industrial or ganizations have available translations
Patent Policy to Be Surveyed I N C R E A S E D interest in scientific research, especially sponsored research, and the wide diversity of practices among educa tional institutions and research organiza tions in their methods of dealing with in ventions and discoveries growing out of scientific research have prompted the N a tional Research Council to undertake a survey of policies in patent administration by nonprofit research organizations. T h e survey, which is sponsored b y t h e National Research Coimcil's Committee on P a t e n t Policy of which Frederic W. Willard is chairman, is being made under the direction of Archie M. Palmer, as sisted by H u g h Samson. Other members of t h e committee are Bruce K . Brown, Conway Coe, Gano Dunn, Edward S. Mason, Archie M. Palmer, Lewis H. Weed, William C. White, and ex-officio, D e t l e v W. Bronk, chairman of the council.
The survey is being conducted through correspondence and personal visits by the director, who reports that comparatively little material on patent administration practices is available in t h e scientific and technical literature. Information avail able in the form of bulletins, reports, and other publications issued by universities and other research organizations has usu ally related to the more definitive policies. In many institutions practices are being followed which have not yet been clearly formulated in definitive policy statements, and in a number of others existing policies are now under review. In addition to definitive statements of significant patent policies, considerations underlying the formulation of these poli cies will be analyzed in the survey. The development of special research founda tions for the administration of patents as
oi American and other non-Soviet scien tific, industrial, and patent literature. Ab stracts of non-Soviet patents are printed on cards and supplied to t h e m on sub scription. In this country there is, ap parently, no set of t h e complete texts of Soviet patents—probably not even a com plete set of patent abstracts, although some libraries h a v e incomplete sets. Much of the Russian scientific literature did not reach us during the war or even before the war and is hardly obtainable a t this time, although it should be noted t h a t receipt of current Soviet technical literature has just recently somewhat im proved. American patent attorneys have expressed themselves to the effect that t h e information contained in t h e Russian technical literature not available in the USA is published information, neverthe less, and may adversely affect the patent ability of American inventions.
well as the conduct and arrangement of sponsored research programs will also be given full treatment. The success of t h e survey will depend t o a great extent on t h e cooperation and as sistance of persons in educational institu tions and research organizations. The in terpretation of factual information will be aided by their experience in handling pat e n t problems and t h e attitudes and reac tions of research workers. All specific references to institutional policies or pro cedures will be submitted t o the institu tions for approval prior to publication o f t h e r.final report of the survey which is scheduled for June 1947. The director of t h e survey will welcome full and frank discussion of these matters through correspondence and in conversa tions during his visits to the various re search centers. Address Archie i\l- Pal mer, Director, P a t e n t Policy Survey, N a tional Research Council, 2101 Constitu tion Ave., Washington 25, D . C.
R e s e a r c h Council o f t h e Chemical Corps Advisory Board Seated. Col. J. C. MacArthur, Col. Hugh Rowan, Col. Loucks, H. H. Smith9 N. P . Hudson, Maj. Gen. A. H. W. A. Noyes9 Jr., W. R. Kirner, H. F. Johnstone, McLean, Herbert Scoville, Brig. Gen. E. F. Bullene. ing. Duncan MacRae, Ε. Η. Lewis, Robert Fox,
C. E. Waitt, F. C. Stand Saul
Hormats, Col. G. J. B. Fisher, Col. J. R. Wood, Maj. Robert Klaehn, O . C. Woolpert, C. B. Marquand, Lt. Col Λ - W. Muth, Emmett Reed, Nathan Birnbaum, L. IV. Greene, Capt. J. F . Gay, Lt. Col. J. H. Rothschild, H. J. Hadow, E. H. Schivanke, and Col. R. N. Isbell Λ
VOLUME
2 5,
NO.
7 » » FEBRUARY
17,
1947
435
