-lmiffr"J--D : Al 0 4 7-

6 August 1947 

SUBJECT: Release of Patent Application Serial No. 443,320 

TO: Deputy Chief, Army Security Agency 

1. Inclosure 1 hereto is a copy of a memorandum dated 27 

September 1945, from the undersigned, to the Commanoing Generai, 

Army Security Agency, Subject: Release of Patent Application 

Serial No. 443,320. Inclosure 2 is a copy of a memorandum 

dated 20 May 1946 from the Chief, Army Security Agency, in response to Inclosure 1. Inclosure 3 is a copy of an ASA memorandum dated 10 April 1947, Subject: Procedure for Release of In~ormation Concerning Secrecy Patents. 

2_. .Information is requested as to whether -or not the interpretation set forth in the last sentence of Par. 3 of 

Inclosure 3 may be applied retroactively and thus lead to a 

re-statement of Par. 2a of Inclosure 2. 

3. It is also requested that the cryptanalytic status of 

the cryptographic principles disclosed in the subject· Patent 

Application be ascertained and that I be advised as to whether 

·or not the Application can be declassified so that. it may then 

be processed to the point of i~sue. 

· 4. In connection with the foregoing and with Par. 2b of 

Inclosure 2, it is my understanding that no patent applications 

were filed by ASA personnel to cover the cryptographic principles embodied in that version of Converter M-228 which is 

designated as Coivverter M-228(M), short title SIGHUAD, or in 

the later version which is designated -as Converter M-294, short 

title SIGNIN, because the basic cryptographic principles in 

all three equipments are quite similar. However, it appe~rs 

that Te-letype Corpora ti on, which developed and produced Converter 

M-294 for the _Army under Government contract arid under ASA direction, has filed three patent applications which cover certain 

features of that equipment and which are being held in a secrecy 

status, although none of them contains claims covering the 

cryptographic principles embodied in Converter M-294_. However, 

the cryptographic elements and features of Converter M-~94 are 

disclosed in one of these applications . 

3 Incls: 

1. Memo dtd 27 Sep 45 

2. Memo dtd 20 May 46 

(with inclosure) 

3. ASA Memo dtd 10 Apr 47 

. @μ_~a~ WILLIAM F. FRIED.MAN _ 

Declassified by NSA/CSS 
. - ---· -- --···-

REF ID :A10472""6 

CONFIDENTIAL 

27 September 1945 

SUBJECT1 Rttleaae ot Patent Application Serial No. 443, 320 

TO 1 Commanding General 

Army Security Agenoy 

lo Tho •UbJeat patent applica~ion cover• a oryptographio mean• and device for automatic eno1pherment and 

deoiphe:rment or teletypewriter aignal• and wa• tiled in 

the u. s. Patent Offio• on 16 Mo.y 1942 in the name ot th• 

underaigned and rrank B. Rowlett, a1 oo-inven'ions. 

2. The principle• involved in the •ubJect application 

have been utiliaed in Converter 11•228 and Converter M•294. 

3. It is requested tha~ the aubjec~ application b• 

otticially deolaaaitied in order that it may be allowed to 

so to i••ue, whereupon the right and tiile will.revort; to 

th• under•igned and :rrank Bo Rowlett, 1ubJeci; to an 

irrevocabl•, non-exolu•ive, and royalt7•tree right and licen•• 

remaining vested in the United State• ot America. 

4. Thi1 action ia de1ired because ot the commercial 

application• or the invention, interest in which i• believed 

to exist on the part or the u. s. comniunioation compani••· 

5. Deol•••itication or the patent application doe• not 

necessarily involve the deola•sification ot th• 1pecific 

embodiment• thereof ~epreaented in the apparatu1ea mentioned 

in paragraph 2. 

WILLIAM :r. FRili:DMAN 

CONFIDENTIAL 

... ·-· -------------- -- . .. ·--· ---·· - --- --- .. 

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., 

i 

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I I I l T I SiiREfn :A1047ili 

HEADQUARTERS 

ARMY SECURITY AGENCY 

WASHINGTON 25, D. C. 

.... 

WDGS~-23 20 May 1946 

.tAv!> 

&tBJ.1:!.CT: ltelease 01' Patent Application ~erial No. 4':i.3,320 

•.ro: Mr. William F. Fr.ledman,, WDGS~-14 

1. Reference your letter dated 27 September 1945, subject as above, the attached memorandum from the Acting Deputy 

Assista!lt Chie!' of' Staff, G-2, outlines the Vwar Department . policy on the release of cryptographic principles. 

2. &nalysis of the policy would indicate that: 

a. Patent applicaticn No. 443,320 will not be released unless it can be shown that the employment of the principles involved are susceptible to cryptanalysis under ~11 

circumstances; and 

b. If not released, a request for purchase of all 

commercially exploltable reversionary rights may b~ entertained 

provided it can be shown that Prank B. kowlatt and yourself 

were not directed or employed to experiment on or to invent the 

principles or improvement~ embodied in Con1erter M-22~ or Converter fo-x94. 

~. .if it is .felt that s1.1oject t'a.tent application should 

be released under (a; above; or if and when lt is f'elt a case 

should be present1:1d 1·or purchase of' rie;hts in conf1Jrr11lty with 

stipulations contained ln (b) above, an appllcatipn for release .or purchase, containlne; pertlnent facts and necessary 

proofs, may be prepared and submitted to the Director of Intelligence thr oue;h the Chief', Array Se curl ty ~gency. 

1 Incl 

Cy ltr dtd ~9 ~pr 46, 

s·1bj: 11 rte_l':lase of C?'yptoc..;ra.phi c .t'r l nc 1 pJ_e s" 
. _:;: .. ... 

4 

AB-70 AS-2' 10 Apr 47 

A.8-80 

A8-90 

ProcedUl"e tor Belea•• ot lntol"l1at1on 

Concerning Becreo7 Patent• 

Lt. Cbapman, Ext 462 

l. All previous 1netruct1ons pertaining to the above subject are ~••cinded. 

2. Research Laborator1e~D1v1e1on 1a cba~ged vith the ~ima:ry l'&apona1b111t7 tor ak1ng reco-.endat1one :reJ.ated to the 

control and evaluation ot all patente and pa.tent appl1cat1one artect1ng CrJPtolos1c equipment and prooeaaea. In v1ev ot the 

abovo, the tollov1ng p~oeedUl'e v111 be adopted tor the handling 

ot requests relatin.e;: to the release ct patent• held 1A aeorec~a 

a. I~ the requoat 1a received by Re•earoh Laboratories 

Div1a1on1 CQmment• e.nd recommendation V1ll be tol"Varded bJ Aa-70 

to A5-20 atter coord1nat1on Vlth A8-80 and As~go. 

b. Ir tbe reQueat 1a :rcoo1v~d b7 the Deput7 Ohier.- 1t 

Will be tonarded 'to AS-70 vbo w111 cooi-tU.nate w1tb A&-80 and 

A8-90 and ret\ll'n COIU!.&nta and recommendation to AS~20. 

3. Comments ehould include autt1e1ent background -.ter1&1 

to deteraine tb&t reocmm.en<1on 1• 1n accord with OU?'~e~t pol107 

on releaeo or cryptographic p~1nc1plee, a copy or Ybich 1• attached. 

!he laet ••ntenoe ot paragraph la ot •~tached polic1 v111 be inter· 

preted on tho bae1G that the Ar111Y 8ecurit7 Ageno1 ooul4 expect 

to •olv• collilun1cat1ona Yb.1oh ~ bo Pl•••d thel'•in, •••unting the 

device ve~e to be used in a practical manner bJ &dequatel7 trained 

peraonnel and reault1ng in a 11ormal ld.lltar7 or cc-.ero1&1 trattic 

e.xpectanc7. 

l Incl 

Memo ror Ob. ASA tr 

J.CotS, 0 .. 2 dtd 29 Apr 46 

aubji Release ot C~7ptographtc Pr1noiple• 

OYS POlUfI6BBD 

AB-1 ... 

~l 

I•/ Ba~old o. Ba7ea 

HAROLD G. :BAYES 

Colonel. Signal Corpe Chiat, ASA 

8lE811BIIT 

M'lf2HlliU3..LOl.1 :sa• c· c· 

'o'l5WA eEcn~IJ.A V<!ElllCA 

HEVDOO'V~J.E~e 

COPY 
.•. . ,. ... . ... . ·- .. ' ' ' ' , ' • REF ID : Al 0 4 7 2 - .'.JS41907-DS-10 

j'f'·· L 

"1t e 

'I 

... .... .... 

- 29 April 19h6 

M!~(JilANDUU FCH THi!: CHI Et<,, l1RUY Si;;GUftI TY i!.Gcl~CY: 

S1JBJ.li:CT: Release of Cryptographic Principles. 

1. The follmrl.ne policy is announced to be effective 

immediately: 

a. Cryptographic principles or devices developed by 

officers, enlisted men, or civilians employed in any ;·,ar Department 

Agency, or patents or patent applic~tions on such principles or 

devices which are owned by, assie;ned to, or licensed for use of 

the ~·:ar Department will not be released for use of foreign r.:ovemments or for foreign or domestic commercial or privGte use until 

such time as necessary inf or ma ti on is availuble and a procedure 

establj shed in the Army Security 11.eency whereby information which 

is cryptoeraphed by means of such principles or devices can be 

cryptanalyzed and read under any and all circumstances. 

b. ~'/here it is in the interest of the Government of 

the United Stutes that an employee have no patent rights in cryptographic principles or devices to dispose of, and for the novernment to own the entire interest for security reasons throughout 

any foreseeable future; and where discovery or invention of cryptographic principles or de"Vlces has been made by a r::ivilian employee 

and does not relate to a matter as to which tha employee was 

specifically directed to experiment with a vie"Yl to suer.esting improvements nor was produced as a result of any specific employment or 

contract to invent a specific device or article; and where an 

application for patent on such principlP.s or devices has been filed 

with an assigp.ment-in-trust to the Government for the purpose of 

maintainine such application in secrecy, the MilitarJ Intellieence 

Division will support, subject to the availability of appropriations, 

any reasonable request for purchase of all commercially exploitable 

reversionary rights of the inventor in the patent application. 

Is/ c;.RTEH .,., • Cl,;"1IlY..Z 

Colonel, GSC 

Acting Deputy A.Ca of .S., G-2 

........... __________ ~_ 

p::z. 

/ 
.;.··· "7" 

~. 

·HEADQUARTERS 

ARM..Y SECURITY AGENCY 

WASHING"FO_N 25, D. C. 

CSGAS-23 20 November 1947 

SUBJECT: Release of Patent Application Serial No. 443,320 

TO:. Mr. William F. Friedman, CSGAS-14 

l. Ref,erence your letter dated 6 August 1947, subject as above. 

2. No procedure has been established in this Agency whereby 

plain text which is cryptographed by means of the principles stated 

in the subject patent can be cryptanalyzed and read, assuming the 

device were-to be used in a practical manner by adequately trained 

personnel and resulting in a normal military or corrunercial traffic 

expectancy. 

3. In view of the above, it is necessary that, in a~cordance 

with the policy established by a memorandum for the Chief, !rmy 

Security Agency, from-the War Department General Staff, Military 

Intelligence Division, G-2, dated 29 April 1946, subject: Release 

of Cryptographic Principles, as modified by an IRS from the Chief, 

Army Security Agency, dated 10 April 1947, subject: Procedure for 

.Release of Information Concerning Secrecy Patents, \the secrecy 

order now standing against the subject application for patent be 

,maintained. 

l Incl 

ltr w/3 Incls 

Declassified by NSN~ 

. Deputy Associate Director for Poliq <lnd Records 

o~l·.304-l:>by +;!. r-rf- , 

ROLD G. HA 

Colonel, Signa orps 

Chief, Army Security Agency 

I o/1' 
y 

.. ' 1 r r II 2' REF ID:A104726 

HEADQUARTERS, ARMY SERVICE FORCES • 

OFFICE OF THE CHIEF SIGNAL OFFICER 

~.rr. William F. Friedman 

An~y Security ~genoy 

i"ia.shington, D. c. 

Dear Mr. Friedmanz 

WASHINGTON :us. D. C. 

lO June 194G 

In response to your oral request, there are transmitted herewith excerpts 

from the minutes of the Sif11&l Corps Patent Board, Meeting No. 32, September 

23, 1941, forming part of' the record or your cryptographic invention, Serial 

NUl!lber 443,320, filed M.a:y 16. 1942, in the names of William F. Friedman and 

Frank B. Rowlett. 

You have also asked f'or my opinion, e.s the pa.tent attorney f'or the Signal 

Corps at the time this application was filed, as to the rights of the two 

joint inventors in this application. 

AR 850-50, as it existed at the time the invention was made and also at 

the tirne the application for patent was filed, established three categories. 

The regulation provided that inventions made as a result of' specific assignments to invent beca.rae the property of' the Government. That this was not the 

case in regard to your invention is indicated in Paragraph 3 b of the Patent 

uoarC.'s action. which states that 11 there was no specific designation to invent the things described.'' Pursuant to this finding of the Patent Board, 

witlch was approved by the Acting Chief Siena.l Of'ficer, you and Mr. Rowlett 

were not asked to assign the entire right to the invention, but were asked 

to give the so-called reversiona.ry assigmnent. The latter provides that the 

application is the property of the Government for procedural purposes until 

a notice or allowance is issued by the Patent Office. at which time the entire 

right, title and interest reverts to the inventors subject to a non-exclusive 

license to the Government. This is believed to be in accordance not only 

with the Army Regulation AR 850-501 but also with the patent agreement which 

you signed in April 1936, which merely provided for reversionary assignments 

in cases ,m.ere there was no specific asaignment to invent the apeoi.f'ic d8'Vi.ae 

in question and where the invention was to be kept secret. 

1 Inol 

Excerpts of Meeting No. 32 

Yours very truly, 

~ Ltl!J /l, • .._ • .(}), J/.. L(d ,,,. W!LLIAM-D. HALL 

Patents & Inventions Counsel 

Legal Division !' 1.-

\ ·-) 
• I • ~ , I ~ Z REF ID:A104726~ 

SIGNAL CORPS PAT1-JNT BOARD 

MEETING NO. 32 

1110 

(C-3) 

l. The Board met at 10;00 A.M., September 23, 1941, in Room 3435, 

Munitions Building, with the following present: 

Lieutenant Colonel David E. Washburn, Signal Corps (.R&D Division) 

Yiajor Donald K. Lippincott, Signal Corps (R&D Division) 

Major F. E. Kidwell, Signal. Corps (War Plans & Trejning Division) 

lst Lieutenant A. P. Carter, Signal Corps (Plant & Traffic Division) 

2. The purpose of the meeting wa.s to consider the .following inventions and to make recommendations for their dispositions 

* * * * * * * * * * * * * * 

d. Cryptograph, (Seo:uit), by w. F. Friedman and Frank B. Rowlett, 

OOSigO. 

* * * * * * * * * * * * * * 

3. The Board finds& 

a. That the inventions above in paragraphs 2 b,c,d,i,r,t and u 

have sufficient military value to warrant prosecution of pate'iit-applica- -

tions by the War Department. 

be That the inventions arose in connection with and as a result 

ot the official duties of the inventors, but that there was no specific 

designation to invent the things described. 

. c. That the inventorsl. desire to obtain patents under the provisions of AR 850-50. 

* * * * * * * ~ * * * * * • 

/s/ DAVID E. WASHBURN 

Da.vid E. Washburn 

Lieutenant Colonel, Signal Corps 

Acting Oha.irman 

/s/ DONALD K. LIPPINCOTT 

Donald K. Lippincott, 

Major, Signal Corps 

Acting Recorder 

/s/ F. E. KIDli.ELL 

F. E. Kidwell, 

Major, Sig?Jal Corp• 

for 

·William s. Rumbaugh, 

Lieutenant Colonel, Sign.al .Corps 

Member 

/s/ A. P. CARTER 

A. P. Carter 

lat Lieutenant, Signal Corps 

tor 

Paul c. Gripper. 

Lieutenant Colonel, Signal Corps 

Manber 
• • 'I f'1 ~ \ .,I -' REF ID:Al04726 

e 

APPROVED September 30• 1941. 

/s/ DAWSON OLMSTEAD 

DAWSON OLMSTEAD. 

Brigadier General. u. s. Army. 

Acting Chief Signal Officer