PATENT-SEARCHING PROCEDURES

• Document Type: CREST
• Collection: NGA Records (Formerly NIMA)
• Document Number (FOIA) /ESDN (CREST): CIA-RDP78B05171A000100030001-5
• Release Decision: RIPPUB
• Original Classification: C
• Document Page Count: 3
• Document Creation Date: December 28, 2016
• Document Release Date: March 13, 2003
• Sequence Number: 1
• Publication Date: October 12, 1966
• Content Type: MF

Approved Re Rele ` Tel` LIA-RDP78B054 1A000100030001-5
N?*IC/P /D/6-1623
12 October 1966
2h1OR/ M FOR: Assistant for Plans aud Development, I PIC
Development Brz;nch, P&DS
PLotent-Searching Procedures
1. There are over three million patents on record in the U.S.
Patent Office. In industry, a search of these patents is a common art
of PM) procedures. The extensive categorization a .A indexing techniques
used by the P ,.tent 0Zfice m< e it relatively simple for a trained person
tca, l.oc ate the record o inventions pertaining to any particular functis
or process. The s arch would normally follow the establishment of a
specific need, and precede any development work.
2. T; sere is no equivalent step in the NPIC R&D oycie. In the one
instance where a patent search w: s carried out (see my 30 September 1966
Memorandum for the Record (copy attached)), it was four, th t a) avail-
able Government pw.tent--searching procedures are entirely inadequate, and.
b) there was on recd--?d z.n invention which could have saved the Center
consider aide RM) time and money if NPIC h=:d known that it existed. It
is even conceivable that in a case such as this the G vernment might de-
cide to proceed without the inventor's permission. Whatever the decicicr,
substantial :.dvanteea would. be ccraed by the Government's ability to
act from a position of knowledge.
3. The instance cited above exemplifies the most obvious reason
for includin ; patent se,;rchin ; in any B&D pro rem. bother less ..aric g,
but very impcrtart reason is to prevent the complications arising from
inadvertent patent infringem nt. A study c&xried out by the Hon. D ;nald
Lne, Commissioner,. United States Court of Claims, shoved that between
Ly 1932 and November l964 there were 51,5 money awards b;;' that court in
patent cases against the U.S. Government (see attached list). The study
di : not consider the many more numerouf~ cases which were heard in. other
courts or settled out of court. For the record, it should be noted that
Title 28, S cation 1498, o l'-* tie United States C. de clearly spells out the
right of any inventor to t ke ieGal action against the Government when
and .p~-tented invention is used by or for the United States, tether such
use is intentional or not.
E:aefitde
Ccr'"
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chine Procedures
"() Whenever an invention described in and covered by a
patent of the United States is used or manufactured by or for
the United. States ithout license of the owner thereof or lawful
right to use or manufacture the same, the owner;s remedy shall be
by action against the United States in the Court of Claims for the
recovery of his reasonable and entire compensation for such use
manufacture.
urposes of this section, the use or manufacture of
the
p
an invention des ibed in and covered by a patent of the United
States by a contractor, a subcontractor, or any person, firm, or
corporation for the G errment and with the authorization or con-
sent of the Government, shall be construed as use or manufacture
for the United States...."
Although it is a si.3,e ma=tter to require indemnification Promm, an infring-
contractor? the Government h,s usually rejected this option and borne
the cost of the acrd.
4. Some -- of the areas in which patent searches might most profitably
,ut in connection with the 3 C R&D program are:
a. Pi; ranss ort System. M ny systems under development
or anticipated for development utilize a film transport system
and, although many systems have been employed in the past; the
optimum system has not been found by NPIC. .monk the devices,
planned for development in FY-1967 usinE_, film transports are
jl~ Advanced Prototype Light Table, (2) Rear-Projection Viewer,
3 Variable Width Film Reader Prototype, (4) Twin-Staage On-Line
Bator (5) Automatic Stereo Scanner, (6) Contact Chip
(7) High Precision Stereo Comparator*
2ne Transport 3 states Devices such as the
b, dicaroso
Advanced tight es-, the Digitized Measuring Light Table,
Dual Vi+ ina Mierostereoscope and the Automatic Stereo Sca.nne
sY direct viewing systems which must be transported relative to
the imagery being viewed. To date, no completely satisfactory
system has been found. The patent-searching >,rocedure might
yield a solution.
ig equipment requires the film to be held flat.
a. above are eaemples, good examples. In addition, ail
n systems must require flat imagery pl.ancs. These items
;&U= Holddown Techn. All direct vie-wing and
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d.. Vchniques such in the anticii ted Automatic Focuair..g
system.
e. ?:tented Optical system to correct distortioue, such
as a morphic correctors. T'hee:= nhould be explored for 4ppli-
cation to such systems ac the W 4 Field) Hi h- aer Are: mccrphic
tereoviewex Study, the A:-minced i morphic Eyepieces, and the
High Precision Stereo Cc parator.
to be encountered by continuance of the 2resent , oltcy of not carrying
out patent searches, the ?ollovin suggestion offered
through patent aearchir ;, :end: in vie of th a possible serious pit
5. In view of the ?pe tentisl aavir2 ,s in time and money to be gained
a. That a i:ruaedLtre be established in the Development
bra rich whereby x technical monitor who believes there may be
existing patents related to one of his development projects
will be able to forward .. re4uest through his Section Chief to
the Chief , D ,velox nt D.-inch.
b. That a -ber of the Develo,,=ent Branch be appointed by
the Branch CUef to #?roceed to the ?tent O fice periodically and
carry out requested searches.
at, That this procedure be used for an initial trial period
of six months, as x'ter which the trial results will be ? u-tlyzed and
a decision made t a to whether the procedure should be adapted for
rmanent use.
It is difficult to give a precise estimate of the costs and bene-
this procedure. Probably one day every two gees will be suffi_
mate the searches, There is a possibility that many months o._,
and may thou sands of dollars in development and/or patent
25X1
Develop hit 'anc ,
t
Attachment
Chrono Lit of Money ducats
in Patent C she's
Oi +1--ttl(b-essee
Diistri b
NPIC/P&DS/DB (12
Oct 66)
X1
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