Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-04-27
Rights of Federal Scientists.

A principle of vast Importance III us
bearing upon the work OF hundreds OF
Government scientists who develop
patentable inventions in the course OF
their research is contained in suits
instituted by the Department of Justice
against two Bureau Of STANDARDS
scientists whose labors made possible
the operation of radio receiving sets
by ordinary house current. The Gov
eminent Is suing to recover the rights
to the patents, which were sold by the
scientists to private companies. Their
inventions revolutionized the radio in
dustry and ordinarily could be expected
to yield millions Of dollars In royalties
to the inventors.
In 1922 Percival D. Lowell and
Francis w. Dunmore, the former an
associate physicist at the bureau, who
subsequently left the service, and the
latter still employed as an associate
physicist while engaged in govern
mental research work developed the
device for use of house current. They
patented 1t and sold the rights to q
corporation in Delaware and similarly
disposed of the rights to another in
vention to a company in Maine. The
Radio Corporation of America used
these patents and was sued by the
two concerns. The validity of the pat
ents has been upheld by the courts and
the Radio Corporation has appealed
the case.
Meanwhile the Government is suing
and upon the outcome of the suit de-
ponds the right of these two Govern
ment scientists to the proceeds from
their inventions.
Court decisions have left the ques-
ton rather vague. But there are two
distinct sides to the issue that become
apparent upon examination. There is
no question of the fact that the two
men perfected their invention while
drawing pay from the Government,
working In laboratories set up by the
Government for research to benefit the
people. and the rights to the fruits OF
their labor. according to one point of
view, belong to the employer. Such I'M
doubtedly would have been the case had
the men been engaged at the time in
research work for the Radio Corpora
ton of America.
But here we have the vast difference
between the tangible rewards to the
scientist whose inventions are immedi-
ately capitalized by powerful CONNER
cial organizations and those accruing
to the scientist who also happens to be
a Government employe. In the former
case the scientist does receive generous
rewards. In the latter his reward is
often confined merely to the laudation
Of his coworkers and prestige in the
world Of science. He cannot even nope
to obtain q more remunerative rating
under salary classification. If his in
vention may be freely used by the Gov
ernment-which is the case-should not
he be permitted 10 commercialize, In
relatively small degree. the results of his
own skill and knowledge by disposing
of the rights to industry?
But in this case we would have the
people supporting the scientists while
they labor, and being forced TO pur-
chase again the results of their labor
OF course, the scientist has always the
right to resign from the service. But
the true scientist is not actuated In
the least by the desire to commercial
i've his work. The latter is merely in
cidental.
There are, naturally, other points
than these which enter into the radio
suits. The Governments right to the
royalties from the patents which
may amount to millions-is at stake.
There also enters the consideration
of incidents leading to the inven-
ton and whether it was perfected and
patented in pursuance of work as
signed, or whether 1t resulted from
a discovery incidental to work assigned
by the employing Government.
The Governments alliance with the
Radio Corporation in this case as well
as the outcome of the tests in litiga-
ton Of the principles involved, will be
watched with interest.