B-125891, FEB. 20, 1956

B-125891: Feb 20, 1956

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ATTORNEY AT LAW: REFERENCE IS MADE TO YOUR LETTER OF JANUARY 18. WHICH WAS THE SUBJECT OF OUR LETTER OF JANUARY 11. IS REQUIRED TO GIVE THE GOVERNMENT A NON-EXCLUSIVE ROYALTY FREE LICENSE. YOUR ATTENTION IS INVITED TO SECTION 1 (D) OF EXECUTIVE ORDER NO. 10096. EVEN IF THE CIRCUMSTANCES WERE OTHERWISE AND THE GOVERNMENT HAD BEEN ENTITLED TO OBTAIN A ROYALTY-FREE LICENSE. YOUR STATEMENT THAT YOU ARE SUBMITTING A REPORT OF THE MATTER. TO THE APPROPRIATE COMMITTEES OF THE CONGRESS FOR INVESTIGATION IS NOTED.

B-125891, FEB. 20, 1956

TO MR. H. A. TOULMIN, JR., ATTORNEY AT LAW:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 18, 1956, CONCERNING THE ABOVE-CAPTIONED MATTER, WHICH WAS THE SUBJECT OF OUR LETTER OF JANUARY 11, TO YOU.

IN REGARD TO YOUR SUGGESTION THAT MR. NACHTMAN, AS A GOVERNMENT EMPLOYEE, IS REQUIRED TO GIVE THE GOVERNMENT A NON-EXCLUSIVE ROYALTY FREE LICENSE, YOUR ATTENTION IS INVITED TO SECTION 1 (D) OF EXECUTIVE ORDER NO. 10096, JANUARY 23, 1950, 3 CFR, 1950 SUPP., P. 76, WHICH RESERVES FULL RIGHTS OF GOVERNMENT EMPLOYEES TO PATENTS IN CERTAIN INSTANCES. ACCORDING TO INFORMATION FURNISHED OUR OFFICE, THE CIRCUMSTANCES SURROUNDING THE MAKING OF THE INVENTION DID NOT ENTITLE THE GOVERNMENT TO RIGHTS IN THE NACHTMAN PATENT. HOWEVER, EVEN IF THE CIRCUMSTANCES WERE OTHERWISE AND THE GOVERNMENT HAD BEEN ENTITLED TO OBTAIN A ROYALTY-FREE LICENSE, APPLICABLE REGULATIONS OF THE DEPARTMENT OF THE NAVY (32 CFR 739.10) AUTHORIZE ACTION IN CERTAIN CASES LOOKING TOWARD PATENT PROTECTION.

YOUR STATEMENT THAT YOU ARE SUBMITTING A REPORT OF THE MATTER, WHICH, YOU INDICATE YOU BELIEVE INVOLVES UNLAWFUL EXPENDITURES OF PUBLIC FUNDS, TO THE APPROPRIATE COMMITTEES OF THE CONGRESS FOR INVESTIGATION IS NOTED.