Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-04-25
FEDERAL PATENT
RIGHTS ARE TESTED
Employees, Alleged to Have
Capitalized on Duties,
Are Sued.

The rights of the United States in
inventions of Federal employees, which
in the past appear to have been only
vaguely defined, are 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-
ton, 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 official duties
as employees of the radio laboratory OF
the Bureau of Standards.
Dunmore still is employed there as
an associate physicist Lowell was an
associate physicist of the Bureau of
Standards in 1922 when his technical
paper, An Electron Tube Amplifier
using 60-cycle Alternating Current to
Supply Power for the Filaments and
Plates" which contained the essential
idea of the invention, was published
as an official bureau publication and
presumably as report on bureau
research project.
Dunmore Delegated to Task.
Through United States Attorney Leo
A. Rover and Assistant Attorneys Cen
eral Charles B. Rugg and Alexander
HoltZosS, the District Supreme Court Is
told in the suits against Dunmore that
he was delegated to make certain in
vestigations into the problem of de-
veloping a radio relay, a loud speaker
to operate on alternating house current
and receiving set to operate without
batteries. After he had perfected the
radio relay, it is stated, he obtained
letters 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-
Germs also are defendants in suits.
With scores of patentable inventions
being produced by scientific employees Of
the Government, the case becomes Of
paramount 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 80, 1928, 'ttle
Commissioner of Patents is authorized
to grant to any officer, enlisted man or
employe of the Government, except
officers and employees of the Patent
once, a patent for any invention with
out payment of any fee when the head
Of the department or independent
Bureau certif1es 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-
featured 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 IS, 1910, gives the
owners of inventions the right to sue
the Government 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 employees during
the time of his employment or service"
The Bureau of Standards has a gen.
sral policy, known to all employees, which
was approved by the director November
2, 1922, which follows in part:
1.-THE free use of the results of the