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The National Archives of the Uni t.ed States 

FEDERAL REGISTER 

Volume 12 Number JJ.8 

. Wl;\~hi.ngU>n, Tuesday, Jure 17,1947 

TITLE 3 - THE Pm!SIDENT 

EXECUTIVE ORDER 9865 

Providing for the Protection Abroad of Inventions 

Resulting from Research Financed by the GoverilllBnt. 

WHEREAS the Govemment of the United Stat.es now has and wiJJ.· hereafter 

. acquire title to, or the right to file f areign patent awlications for, 

numerous· inventions arising out of scientific and t.echnical research 

carried on by or for the Government; and 

WHEREAS it is in the interest of the United States to acquire patent 

protection abroad on certain inventions resulting from government-finan:ed 

research;- and 

WHEREAS it is in the interest of the Government to foster, pranote, and 

develop the foreign commerce of the United States: 

NOW, THEREFORE, by virtue of the authority. vested in me as President of the 

United States by the Constitution and stab.tea, and as, Conmander in Chief of the 

Army and N avy, and in the interest of the foreign affairs functions of the 

United States and the internal management of the Government, it is hereby 

ordered as follcws: 

1. All Government departments and agencies shall, whenever practicable, 

acquire the right to file foreign i:atent applications on inventions resulting 

from research conducted by the Government. 

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2. All Government departments and agencies which have or may hereafter 

acquire title to inventions or the right to file patent applications abroad 

thereon, shall fully and continuously infonn the Department of Cailmerce concerning such inventions, except as provided in section 6 hereof, and shall make 

recomnendations to the Department of Commerce as to which of such inventions 

should receive patent protection by the United States abroad and the foreign 

jurisdictions in which such patent protection should be sought. The recommendations of such departments and agencies shall indicate the inmediate or 

future. industrial, commercial or other value of the inventicn ccncerned, 

including its value to public health. 

3. The Department of Commerce shall detennine whether, and in mat foreign 

jurisdicticns, the United States sll:>uld seek pa.tents for such inventions and, to 

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the extent of appropriations available therefore, shall procure patent protection 

for such· inventioo.s, tak:ing all action, consistent with existing law, necessary 

to a<X!uire and mainta:in patent rights abroad. Such determinations of the sa:id 

Department shall be made after full ccnsultation with United States ind~stry 

and connnerce, with the Department of State, and with other Government agencies 

familiar with the technical, scientific, industrial, commercial or othereconomic or social factors affecting the invention involved, and after consideration of the availability of valid Jatent protectiai in the countries determined 

to be imnediate or potential markets for, or producers of, products, processes, 

or services covered by or relating to the invention. 

4. The Department of Corrunerce shall administer foreign patents acquired by 

the United States under the tenns of this order and shall issue licenses thereumer in acx:ordance with law under such rules and regulations as the Secretary 

of Corranerce shall prescribe. Nationals of the United States shall be granted 

licenses on a nonexclusive royalty free basis except in such cases as 
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the Secretary shall determine and procla:lln it to be inconsistent with the 

public interest to issue such licenses on a nonexclusive royalty free 

basis. 

5. The Depar1ment of State, in consultation with the Department of 

Commerce, smll negotiate arrangements among governments under which ea.ch 

government and its nationals srall have access to the foreign patents of the 

other partici}liting governments •. Patents relating to m~tters of public 

health may be licensed by, the Secretary of Carmnerce, with the approval of the 

Secretary of State, to any country or its nationals upon such term and 

conditions as are in accordance with law and as. the Secretary of Commerce 

determines to be appropriate, regardless of whether such country is a party 

to the arrangements provided for in this section. 

6. There shall be exempted from the provisions of this order (a) all 

inventions within the jurisdiction of the Atomic Energy Conmission ex.capt in 

such cases as the said Camnission specifically authorizes the inclusion of an 

invention under the terms of this order; and (b) all other inventions officially 

classified as secret or confidential for reasons of the national. security. 

Nothing in this order shall supersede the declassification policies -and 

i:rocedures established by Executive Orders Nos. 9.568 of JUrE1 8, 1945, 9604 of 

August 25, 1945, and 9809 of December 12, 1946. 

/s/ HARRY S. TRUMAN 

The White House 

June 14, 1947 

[F.R.Doc.47-5772; Filed,June 16, 1947; 11:17 a.m.]