Briefly, he was sworn in. Then Cogswell resumed. “You have been called before this Committee as a result of certain allegations on the part of yourself and others. It is alleged that you have refused the military and commercial exploitation of certain discoveries made by you, and that these discoveries are of primary importance to the welfare and defense of the country.
“It is alleged that you have criticized the Patent System of the United States in a very serious manner, claiming that it offers you inadequate protection for your work. It is further alleged that you have threatened to withhold knowledge of your important discoveries until revision of the Patent Laws gives you the protection you desire.
“Would you like to state your position, Dr. Nagle, to clarify your points of contention for the Committee, or would you prefer to be cross-examined, first, point by point?”
“I would like to ask,” said Mart, “if the Committee is prepared to recommend to the Congress that modifications be made to the Patent System if it can be shown that this is in the best interest of the public, whom the Patent Laws are designed to protect.”
“We are not committed to any action,” said Cogswell. “But if it can be shown that action is called for, the Committee is prepared to make recommendations accordingly.”
“Then I would like to state my case,” said Mart.
“Proceed, Dr. Nagle.”
“In the beginning of industry and manufacture,” said Mart, “the basis of success was often what came to be known as Trade Secrets. A man or a family, over a period of years discovered superior techniques for producing some item of trade. The process would be zealously guarded from disclosure to any possible competitor. Only by preserving the secrecy of these processes could the inventors and discoverers of them obtain any just remuneration for their work of discovery.
“Until very recently, historically speaking, this system of Trade Secrets prevailed. Obviously, it has drawbacks. It impedes the flow of knowledge. It prevents the progress which might result from the application of one man’s knowledge to another's discovery. Because of these drawbacks, the Patent System was born. In theory, this is designed to release the vast store of Trade Secrets and put them in the reservoir of common knowledge to be used by all men. In return for contributing his discoveries to the common store, a man is theoretically rewarded by the Patent System by being given a limited monopoly in the exploitation of the discovery.
“In addition to providing a reward, the Patent System is supposed also to provide an incentive for new discovery and invention. Actually, the present laws achieve almost none of these very idealistic objectives. The System has failed to keep pace with the technological and scientific progress of the world so that it fails to accomplish that for which it was designed. It protects virtually none of those who most deserve its protection.