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REF ID:A4161595 

"'AR 825-20 

.ARMY REGULATIONS} 

~0:825-20. 

DEPARTMENT OF THE ARMY 

w ASHINGTON 25, D. c., 23 October 1951 

PATENTS 

INVENTIONS, PATENTS, AND PATENT INFRINGEMENT CLAIMS 

'SECTION I. GENERAL. Paragraph Page 1 Policy of the Army concerning rights in inventions and 

patents----------------------------------------- 1 .1· 

Delegation of authoritY----------------------------- 2 .J 

II. INVENTIONS AND IMPROVEMENTS. 

Procedure-----------------------------------------

Distribution of communications _____________ ~--------

Inventions submitted for patenting __________________ _ 

III. PATENTS: 

Exclusion from right to sue United States for infringement 

.. of patent_-~---------------- __ ------- ___________ _ 

Title to patents in inventions made by employees of Department of the ArmY----------------------------

Patents obtained without payment of fees ___________ _ 

Notification of Department of the Army of change of 

rights in patents-------------------------------- Procedure _____ ~·-- __ · ________ ------ ____________ -----

Patent claims received in Department of the Army ____ _ 

SECTION I 

GENERAL 

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1. Policy of Department of the Army concerning rights in inventions and 

. patents.-The policy of the Department of the. Army with respect to inventions 

made by officers, warrant officers, enlisted personnel and civilian employees 

under its jurisdiction is governed by Executive Order 10096 and the administrative orders issued pursuant thereto. 

2. Delegation of authority.-The J:udge Advocate General, Department of the 

Army, is delegated the authority to take all necessary action on behalf of the 

Secretary of the Army pursuant to these regulations. The Chief, Patents Division, Office of The Judge Advocate General, is designated liaison agent for the 

Department of the Army to deal with the Office of the Chairman of the Govern-

.ment Patents Board. SECTION II 

INVENTIONS AND IMPROVEMENTS 

3. Procedure.-a. All communications relating to inventions, including suggestions, ideas, or plans for new material or the improvement of existing material, 

.will be referred direct to The Adjutant.General, Department of the Army, Washington ~5, D .• c,, except as indicated in paragraph 5. 

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*These regulations• supersede AR 850-50, 17 July 1942, Including C 1, 9 January 1945, and 

C 3, 7 June 1949. 

AGO 1300B-Oct. 950975°-ol '' 

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REF ID:A4161595 

AR 825-20 AR 825-20 

PATENTS INVENTIONS, PATENTS, AND PATENT INFRINGEMENT CLAIMS 

b. Persons desiring to submit their inventions or ideas in person will· be 

referred to The Adjutant General. 

4. Distribution of communications.-a. All suggestions for inventions or devices originating from sources outside the services, including those submitted 

through J\Iember~ of Congress, received or DOW on hand by any agency or. comJ1onent of the Department of the Army, may be forwarded without action, by 

'office ·slip or ·check indorsement, to The Adjutant General, who "'ill transmit 

'I them to the National In~entors Council, Department of Commerce Building, 

Washington, D. c. 

b. After preliminary review by the National Inventors Council, those which 

do not warrant Department of the Army study will be disposed of by tl1e Council. 

·Those :which appear to be worthy of more d.etailed inYestigation by the Depart-

' ment of the Army will be sent to The Adjutant General by the Council for 

1f :reference to the appropriate agency or component of the Departm~nt of the 

:1 Army for im·.estig;atiou by its technical .staff. _ . 

c. After investigation, each case will be returned to The AclJutant General 

'.with the report of the technical committee· and the recoinn.iendation of the head 

of t!Je agency or component. 

., d. Hea1ls of agencies or ·components of the Department of the Army may 

·cornnn;nicate direct wit!J the inventor for such additional information as may 

be required, or to arrange for demonstrations.· If and when a suggested im·en-

; tion re~ches the stage that a patent application is to be made, the case will Ile 

retaine<l for patenting hy the.head of the agency or component of the Department 

of tlle Army, tb·e tec!Jnical staff of whl.ch has made such detei'minrltion, if such 

agency or component maintains a patent ·section; and if suc!J agency or component cloes nnt maintain a patent s_ection, .the head. thereof will transmit the 

case to The .Judge Adyocate General for patenting. 

5. Inventions submitted for patenting.~The provisions of paragraphs 3 and 4 

will not apply to correspondence relating to inventions submitted b:I' ofli~rs, 

warrant officers, e1iliste.<l personnel, or civilian emplo~·ees of t!Je Department of 

the Army, the purpose of which is the patenting of such inYentions. Such corre-

·spondence will be hand.led. in accordance with section UL · 

SECTION III 

PATENTS 

6. Exclusion from right to sue United States for infringement of patent.--An 

JnYcntor while in the Government service or his assignee may not sue· the United 

St:ites in tort for infringement of a patent, nor may he so sue after leaying the 

GoYernrnent service if the inYention is macle during such service ( 62 Stat. 041, 

as amended; 63 Stnt. 102; 28 U. S. c: 141)8) ; but Government inventors have 

the same right us other persons to sue the United ·States in the Court of Claims 

on contracts express or implied. 

II 7. Title to patents in inventions made by employees of Department of ·the 

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Army.-a. The GoYernment may require assignment of title to inventions ·made 

by emp.loyees of the Department of the Army, and to any patents that may be: 

Ii issued on such inventions if any of the following conditions are -present: 

(1) If the invention was made during working hours; or 

AGO 1300B 2 

(2) If the invention ·was made with a contribution by the Government of 

facilities, equipment, materials, funds or information, or of time or. 

services of other Government employees on official duty; or 

(3) If the Invention bears a direct relation to or was made in consequence 

of the official duties of the inventor. 

·fb'. In determining whether a condition· set forth above was present in the 

makinoo of the invention the following definitions shall apply: 

(:~» Working hours for civiiian employees shall mean time spent during 

either the usual working hours, or o\'ertime, or both, ancl for military. 

personnel time· spent during the hours actually engaged in officially 

assigned duties, 

(2). A contribution of facilities shrill mean that the facilities were used in 

the making of the invent.ion a·nd while so used were unavailable for 

other purposes, 

(3) A contribution of equipment shall mean that· the equipment was used 

in the making of the invention and was thus made unavailable for otller 

purposes, 

(4) 

(5) 

(0) 

A contribution of materials shall mean that the materials were specifically obtained and used for tlle purpose of making the invention and were 

thus rendered 'unavailable for other use, 

A contribution of funds shall mean that Government funds were actually expended for the purpose of making the invention, 

A contribution of information shall mean that the information used in 

the making of t!Je invention was available only by reason of the Inventor's official duties and .was obtained from sources not otherwise 

available, 

. (7) A contribution of time· or services of other Government employees on 

official duty shall mean that their time or services were utilized during 

working hours as defined in (1) above. _ 

(8) nearing a direct relation to or' made in consequence of the official duties 

of the inventor means that the duties to which the Inventor had been 

assigned were such that the invention could reasonably be expected to 

arise therefrom. , 

1 c. When any of the conditions s~t forth in a above', as defined in b above, are i' . :

present, the domestic rights and, in the discretion of the ·Secretary ~f the Army, . 

foreign rights in and to the im·ention shall belong to the Government 1f- - · : 

(1) The conditions are equitabl~ sufficient to justify assignment thereof 

by the employee to the (lovernment; and · 

(2) The Government has sufficient interest in the invention to require 

assignment thereof by the .!)mployee. . 

·If it should be found that uss'ignment is not required under (1) and (2) of this 

·subparagraph, the employee nevertheles~ sbaU be required to grant to· the Government a nonexclusive, irrevocable, royalty-free license in ·the invention and 

u.nder any patents, domestic. or f<;)];eign, which may issue thereon, with power to 

grant licenses for all governmeri~al purposes.' · ·; 

' fl. When none of the conditions set forth in' a above, as defined in b above, are 

·present, the entire right, title and interest in and -t~ the lnv_ention shall be left 

to the employee; subject fo liiw. : · 

.AGO .1800B 
!'· . ·PATENTS 

e. Where-'·~n assignment·to the Government of.the domestic~fin JnPt~A4161595 an invention is required, the employee shall, if requested, assign the foreign i 

rights in and_ to the invention to the Government. The Secretary of the Army : 

may, pursuant to c above, upon request of the inventor, permit the foreign rights 1

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to remain in the inventor. Where, however, an assignment of the domestic rights 

is not required, an assignment of the foreign rights.in and to the invention.may 

be made by the employee upon reqqest. 

f. It is presumed that the conditions of a above, as defined in b above, are 

present, when the employee is employed or assigned to-

. (1) Invent or improve_ or perfect any art, machine, manufacture, d~sign, or 

composition of matter; ·· · 

(2) Conduct or perform research or development work or both; 

(3) Supervise, direct, coordinate or review Government financed or conducted research or development work, or. both; 

( 4) Act in a liaison capacity among governmental or nongovernmental 

agencies or individuals engaged Jn such research or "<ievelopment ~ork, 

or both. 

u. Employees within the classes defined in f _above, may submit evidence that ' 

will enable the Government to establish the absence of any one or more of the . 

conditions of a above, as defined by b above, or that the conditions which are 

present are insufficient equitably to justify a requirement that assignment be 

made to the Government of the invention and any patent which may issue 

thereon. 

h. For employees not within the classes defined. in f above, the Government 

must establish that the conditions o= a above, as defined b'y b above; if present, 

are sufficient equitably to require an assignment to the Government. of the in-

:vention and any patent which may issue thereon. 

i. Whenever an invention is. ma,de under any of the conditions set forth in a 

above, as defined in b above, the employee must report the invention' through 

the proper official channels to the Chief, Patents Division, Office of The Judge 

Advocate General, Department of the Army, Washington 25, D. C., for further 

report to the Chairman of the Government Patents Board. The reporting of 

inventions not falling in the above-defined category relating to subject matter 

of a_.potential .governmenta,l interest, while not required, should be encou,raged. 

. j. Determination of the relative rights of the Governme_nt and an employee in 

·an invention made by an employee of the Department of the Army shall be made 

by. the Secretary of the Ar~y in accordance with these regulati~ns. . ' 

. (1) The head· of tlie technical service. or his delegated representative, if 

that agency. or .component maintains a patent section, shall determine 

·~hether the results of research, _development or. other activity within 

· , that agency constitute invention within the purview of R; S. 4886. 

· I~ ·th~ event it is determined that a particulii.r in~~ntion disclosure does 

. not constitute invention, no.further action is .. r~quire'd under Executive 

Order 10096. 

(2) Tl;~- head ·of 'the agency or com'ponent or' the Department of the Arniy 

. , involved, if that agency __ or .·component ip.aintaills _·a patent section, shall 

, , . . reco~~end. disposition_ of the relative rights pf the Government and the 

e~ployee in inventions and· submit the recommendations to the Secreta~y . 

:'AGO 1300B 

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AR 825-.-20' 

INVENTIONS, PATENTS, AND PATE;NT INFRINGEMENT CLAIMS f 

.. of. the Army: for determination.of the relative rights of the Governm . and the employee. ent 

(8) ·~he: Secretary ·of the Army shall_ make a determination of the relative 

. rights between _the Government and an employee inventor on behalf Of· 

the _Department of the Army and submit those determinations to the 

Chairman, Government Patents Boarcl, for review. 

(4) Any e1?plo~ee of the Department of the Army who is aggrieved by a 

determmat1on of the relative rights of the Government and the employ~e ;°1a~e by the _secre~ar~ of the Army may obtain a review of the· 

determ'.nat'.on by filmg, witbm such time after receiving notice of such. 

determmati~n as may be fixed by the Chairman, Government Patents 

Board, a written appeal with the Chairman of the Government Patents 

Board, and a copy of the appeal with the Chief Patents D" · · Offi 

of The Judge Advocate General ' · ivision, ce· 

(5) In the event of the filing of an appeal, as set out in ( 4) above the~ 

Secretary ?f the Army, subj.t!ct.to considerations of national sec~rity,. 

shall furmsh the Chairman, Government Patents Board i·n •t· , wr1 1ng, pro~ptly upon the. ~ling of the appeal, such information as may be 

reqmred by the Chairman. The decision of the Chairman upon any 

appeal taken pursuant to ( 4) above, shall be final. · 

(6) In ~be event that the Secretary of the Army determines, pursuant 

to_ either c or. d above, that the domestic rights in and to an invention 

will be left with an employee with or without a license to the Government, a. report of this determination _is required. to be submitted to t?e Chairman, Government Patents Board, for .review, subject to the 

right of th_e employee, if he acquiesces_ in._the determination, to file 

a petition rn the event of a decision of the Chai~·man less favorab,le 

to him. 

(7) T?e Chairman, Government Patents Board, will review the det~r~inaahon ·of the-Secretary of the Army pursuant to (6) above .a d h" de . . t" b . ' n is c1s10n respec mg t e matter shall be fina], subject to the ~igbt of the 

em~loyee to submi~ ~o the.Chairman, within such period after receiving 

noti~e of ~uch dec1s1on as the Chairman may·. fix, a petition for a rec?ns1derat10n of the decision,. if -!t. giv_es to the. Government greater 

rights than the determination made by the Secretary- of th~ Arm A 

copy of any such petition must also be fil_ed by the e~ploye~ wit~· the 

. C_~ef, Patents Division, Office of The Judge Advoc~te General. , . 

k. Defim t10ns of terms as used in these reguln tions: · . . , . . 

· (1) •The term "Government employee" means any offi~er ~~ .~ l . T . ·1·t . . mp pyee, civ1 1an or. mi i nry, of the Government- including any. part. time consult~nt or part time employee except when spec_ial·circu~stances in a 

specific case require· a ·departure ·berefrom to meet the needs; of the 

_ . Dep~rtment of the Army. . Such circumstances shall be reported to the 

. . . -- ·Chairman of, the Government ·Patents Board. 1 · . · . 

(2) The term "Invention" .means any art, ma~hine, ~anufacture, ·-d~sign, 

·1 .. · '. · ·or :composi.tion ,of matter, ·or ·any new and. useful improvement thereof 

·.· ·"'"' ·_or. any._.var1ety of plant; which is or may be patentable und~r the. paten~ 

. laws of the United States. ., . . . ·.- ... · 

8. Pate~ts obtained' without· payment of fees.~The Co~missloner 'of·.Patents 

Is authorized to grant, subject to existing law, to any officer, enlisted personnel 

AG0'1300B 
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;AR 825-20 

PATENTS 

REF ID:A4161595 

or civilian employee of 'the Government, except officers arid employees of the 

Patent Office, a patent for any invention of the classes mentioned in section 

4886 of the Revised Statutes (35 U. S. C. 31) without the payment of any fee 

when the head of the department or independent bureau certifies such invention is used or liable to be u~ed in the public interest, provided that the applicant 

in his application shall state tlrnt the invention described therein, if patented, 

may be manufactured and used by or for the Government for governmental ·purposes without the 1myment to him of any royalty thereon, which stipulation shall 

be included in the patent. See act of 3 JJlarch 1883 (22 Stat. 625) as' amended 

by act SO April 1928 ·r J,5 Stat~ 467; 35 U. S.-C. 45; Zif. L. 1949, sec. 1369). 

9. Notificafam of Department of the Army of change of rights in patents.-AII 

officers, warrant officers, enlisted personnel, or civilian employees .of the Depart~ 

ment of the Army who secure patents upon their inventions under any of the 

aforesaid circumstances, where the inventor retains title to the patent· and the 

Government is licensell thereunller, are allvised that full justice to -the interests 

of the Government as licensee under the patent or patents concerned should 

prompt them to notify the Department of the Army of.any further licenses or 

assignments they may make of their patent interests, to the end that contracting 

officers of the Government may at all times be informed thereof. 

IO. Procedure.-a. Direct submission b1J invcntor.-For the purpose of ob-· 

taining patents, all persons in the military service and civilian employees of 

the Department of the Arn:iy may submit their unpatented inventions direct 

to the bead of the agency or component of the Depar;tment of the Ar1ny to which 

the invention relates. If that agency or component does not ruainfain a patent 

section, the head of the agency or component will transmit the unpatented 

in-rention to The Judge Advocate General, if further.action is deemed necessary, 

b. Correspondence. · 

(1) Direct correspondence between the persons and the agencies or components referred to in a abo-re is autborizzd, provided that-

(a) Such correspondence pertains solely to unpatented ideas and the 

patenting thereof. 

(71) No invention that has been rejected by any bead of an agency or 

component· of the Department of the Army will be resubmitted to the 

head Qf any other agency or component unless accompanied by a 

statement as to its former rejection or rejections. 

(2) All correspondence with reference to unpatented inventions will, If the 

subject matter reqnil"es classification, be classified and handled in 

accordance with the appropriate provisions of. AR 380-5. " 

(3) Correspondence received by the head of any agency or component of 

the Department of the Army maintaining a patent section may, at his 

discretion, be either-

( a) Hnndled'entirely within the agency or component, or 

(71) Referred direct to '.rhe Judge Advocate General. 

( 4) When received by· 'the head of an agency or component not maintaining 

a patent section it may, at his discretion, be either-

(a) Returned direct to tl1e inventor or other party in :interest if further 

action by the Department of the Army is not deemed necessary under 

paragraph 7j(l) ; or 

( b) Referred direct to ·The Judge Advocate General. 

AGO. 1800B 6 

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AR 825-20 

INVENTIONS, PATENTS, AND PATENT INFRINGEMENT CLAIMS 

(5) Whenever referred to The Judge Advocate General, the probable military, 

value of t11e invention will be stated by the head of the agency or. 

component. 

c. By heads of agencies and components of Department of the Army. 

(1) The heall of an agency or component of the Department of tbe Army 

may delegate any of his duties, as hereinbefore prescribed, to any of 

the activities under his control. 

(2) The head of each agency or component within the Department of the; 

Army having jurisdiction over a· particular invention shall submit 

through proper official channels to the Chairman of the Government 

Patents Boarll such information and reports as are required by Executh·e Order 1001)6 and administratire orders promulgate{] pursuant 

thereto. 

11. Patent claims received in Department of the Army.-Any communications 

receh·ed in any agency or component of the Department of the Army, in which 

claim is made that t.he manufacture, use, or disposition of any article, material, 

or p1·ocess by or for that agency or component, or by or for any other agency or 

component of the Department of the Army, involrns the use of any iU1·ention or 

design, whether patented or unpatented, and making a claim for compensation 

on account of such use or offering to grant a license therefor, will be transmittell 

direct to the head of the technical sen-ice which bns ordered the manufacture, 

use, or dis11osition of the subject matter in question. The head of such tech11ical 

sen·ice shall therenfter cause the claim to be processell in accordance with section 

IX, part 4, Army Procurement Procedures. 

[AG 072 (1 Oct r>l)] 

BY ORDEU OF THE SECI?ETAUY OF TIIE AU:MY: 

OFFICIAL: 

Wl\I. E. BERGIN 

Mujor Gr-:ncral, USA 

1.'he Adjutant General 

; DISUIIlUTION : 

c 

J. f_,A WTON COLLINS 

Chief of Staff, United States Army 

AGO 1300B 

llJ. I. IOVERRMEHT PBIHTIHG OFFICl1 IHI