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• REF ID:A71102 

• As-14 AS-70 24 Sep' tJ.s, Patent llaa. 2,4os,570 ! 2,401,507 

2• 1. a. t'!Jith respect to paragraDh 1 t 

mined tr01.n the patent tllea' the cases :r:b :~~ido1n .. 1 - In so tsr a1 can be detercontraots. a ...., u not arise out ot gover1111ent 

b. l'Titb respect to paragraoh lb t 

secrecy orders until the Patent Office ge:er~tion ~--the applications were W'lder 

rese ing order or 30 November 1945. 

c. With respect to paragragb l t 

changed by request ot an;y A'"""" Na..;. 0 ! !~ation 1 - 'lhe claas1ticat1on was not -....,, 'J' 4 ~nu representative. 

2. With respect to paragr~pha 2 and 3 ot ~~ber 2,405,570, a detailed discusr.ion ot whlc:c:iont! ... heThe device under Patent 

'6J much more secure than the device in P • s a ac d herewith, is inherentcuasion ot ~hich has been PJ'&Yiously fort1at:n: a~~ 2,40l,S07, a detailec dispracticall1 in view of 1ta plai.a text ~ e • elm's device could be used 

with respect to C17Ptograoh1c securit)'"a~;o r~:ure and used under proper conditions c~tanal1'tic problem ancJ,° to malm a ve' wo Wl~oubtedq offer a vel"J' dit.t'icult unc~r conditions set forth in ara a 1:7' eonseJ'V'atJ.ve gue~. might not be solvable 

nProcodure for Release of Il'lfo~t~n~o: .. ~r ~~!iscy direcW- 10 April 1947, SubJect 

3 Inel• 

,1. Deac of Pat 2,405,570 

2. Analysis of Pat 2,405,570 

'· Photostat. ot rebn :Paten:t I 

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»-..rn-. ecret Fatonts. ~ 

s. IULLBACI 

Chiet, Research' Laboratories DiT1s1on Ext 321 

3. AS-~ AS-14 15 Oct 47 U. S. Patent Noa. 2,405,570 and 2,401,507 

l. About tb:ree montha ago, 1n preparing recommendations in 

connection vitb a1m11ar mattere, I encountered a casual reference to 

two recently 1asued U.S. patents on cryptographic apparatus. Not 

being familiar with theae caaea I sent for copies or the 1aaued patents and certain queat1ona bav1ng arisen 1n my mind in connection 

vith them, the matter was taken up vitb AS-70 in Action l on this 

carrier sheet. Action 2 contains the replies to the questions •sked. 

2. It ¥111 be noted that the tvo applications had been under 

secrecy orders and were released 07 the pa.tent office ~1thout the 

usual approval or concurrence of the Army, Navy, 01' OSRD. One of 

tbeae patenta,(Deb.D) covers a crJPtograpbic machine ot considerable 

security. Bad the Arm'f or Navy been consulted the probabilities are 

tbat the application would not bave been declasa1t1ed so soan. 

c 

3. In view of tbe tact that the damage baa already been done, 

Since the two patents &re DOV in the domain Of public knovled1e, it 

is difficult to suggest remedial action that would be pract1cCble. Bven if revocation ot the patents vould conve1vably repair the damage, 

@'pproved for Release by NSA on 05-29-2014 pursuantto E.O. 1352a 2 
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•• REF ID:A71102 

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. - As-10 AS-14 15 Oct 47 U .s·. Patent Nos. 2,405,570 and 2,401,507 

no mecb&Dism ex1ats-vhereby an ordinal')" patent once issued can be 

revoked or Vitbdravn. However, in the sole case or patents on atomic 

enerSJ, Sec. 11, (a) (1) of the Atomic Energy Act (Public Iav 585) provides tbat "Any patent granted tor any·aucb 1Qvent1on or dlacovery 1s hereby revoked., and juat compensation &ball be made theretoru; 

also subsection (a) (2) of' the same Section provides tbat 0AlQ' rights conferred by any pateRt heretofore granted for any invention or discovery are hereb7 revoKed to the extent tbat such invention or 

discovery is 80 used, and just compensation shall be made therefor." 

' 4. It 18 believed inadvisable-to 1n1tiate~act1on that might lead tovard the enactmen~ of legj.alation of similar character, to be 

applicable ill the case of crntographic inventions and patents. The 

probab111t1ea 1n·tavor of the passage of auch legislation are believed to be remote and even it passed the 9alue of such legislation would be very doubttul. 

5. 'l'be present s1tuat.1on as regards the v1tbliolding troiia issue 

of patents on cryptgraph!c inventions or non-governmental origin ia 

aomevbat nebulous. Jlr. SU.uf'ter, of AS-70, 1Dtorms me tbat no cases 

ot nev applications bave come to him tor s.ome time and that whether 

this is because none b&• been tiled or because the Patent Office ia 

no longer submitting aucb cases to the Army and Navy 1• unknovn to 

him. 

6. It is,recommended that: 

a. !'he preaent situation &8 to vhether the war-time regu- lations :respecting the aubm1as1011 to the ArD1J' and the Nav7 ot patent applications covering cryptographic 1nvent1ona by non-governme11t inventors, tor opinion aa to whether such appl1cat1ons should be 

held up or not are still in_ett.ect or .ba~e expired be investigated 

at once. 

b. Tbat tbe attention of the Commiaaioner or Patents be 

invited to the failure on the part Of the Patent Office to aubJQ.1t the two subject casea to the A1'ID.y or Navy tor approval tor release 

before allowing the 1'8Bpect1ve applications to go to issue. 

C; That the Co~sa~oner or Patents be requested to direct 

Patent O.ttice persoDll81 to be more cal'fJful in future m connection 

with other e1m11.ar caaea still pending, if &DJ' • 
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• REF ID:A71102 • 

AS-10 AS-14 15 Oct 47 

2 Incla 

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1. Patent No. 2,405,570 

2. r.tent No. 2,401,507 

4. 

u.s. Patent Noa. 2,405,570 and 2,401,507 

WILLIAR Ji. FRIEDllAN 

Chief, Comm'Wlic&t1ons Research 

Ext 215 

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REF ID:A71102~ 

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r-1\.U'-_ ~.r ~ u._s f ~t i'Jos i..., 1.t~ ~ t, 0 ~ -~' ~~~; ~1 

~':."'lf / 1 About three months ago, in preparing recommendations 

in connection with similar matters, I encountered a casual 

reference to tvo recentl1 issued U.S. patents on cryptog:raphic apparatus. Not being familiar with these cases I 

sent tor copies ot the issued patents and certain questions 

having arisen in m1 m1nd in connection with them, the 

matter was taken up with AS-70 in Action 1 on this carrier 

sheet. Action 2 contains the replies to the question~ asked. 

2. It will be noted that the tvo applications bad been 

under secrec1 orders and vere released bJ the patent ottice 

without the usual approval or concurrence or the Army, Bav7, 

or OSRD. One ot these patents (Dehn) covers a crJPtographic 

machine of considerable security. Bad the Army or Bavy been 

consulted the probabilities are that the application would 

not bave been declassified so soon. 

3. In view of the tact that the damage baa already been 

-a._.-.._ 

done, since the two patents are now in the~o•in ot A 

knowledge, it is difficult to~med1al action that would 

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be practicable~·-wetrid rep&!r ttie damage 1n these case ...... 

CEven-ir~;v=;~;tion of the patents would conceivably repair 

the damage, no mechanism exists whereby an ordinar1 patent I ' once issued can be revoked or withdrawn. However, in the 

sole case ot patents on atomic energy, Sec. 11 (a) (1) of 

the Atomic Energ1 Act (Public Lav 585~ provides that "Any 

patent granted tor any such invention or discovery is hereby 

revoked, and just compensation shall be made therefor"; 

also subsection (a) (2) ot the same Section provides that 

"An1 rights conferred by an7 patent heretofore granted tor 
• REF ID:A71102 e 

an1 invention or d1scover1 are hereb1 revoked to the extent 

that such invention or d1scover1 is so used, and just 

compensation shall be DBde therefor." 

4. It is believed inadvisable to initiate action that 

might lead toward the enactment ot legislation ot s1m1lar 

' character, to be applicable in the case ot cryptographic 

inventions and patents 'l'b.e probabilities in tavor of the 

passage ot such legislation are believed to be reaoteo...u.J., ~ ~ 

~~N¥JO·hA.~~~~~~~· -~ 5. The presen~ situation as regards the vitbllolding 

from issue ot patents on crJPtograph1c inventions ot nongovernmental origin is somewhat nebulous. Mr. Stautf'er, 

ot AS-70, informs me tbat no cases ot new applications have ! 

come to him tor some time and that whether this isbecause 

~ I 

.amPe- bas been tiled or because the Patent Office is no 

longer submitting such cases to the Anti and llavy is unknown to him. 

6. It is recommended that: ,.. 

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~-to~ a... The present situation 1:• ••••••• te the ... 1 a+•nce I I ~ ~ K 

.ft -

~--i-s;e~ the var-time regulations respecting the 

submission to the A1!aJ and the Bavy ot patent applications .... 

covering cryptographic inventions by non-government inventors, 

tor opinion as to ~qet~r such appli~a~io s should be held 

O.J\A ~ UJ>., ~ c.r )~~ ~ , up or not, e~e9i:i be investigated a once. 

b. " That the attention ot the Commissioner ot Patents 

be invited to the failure on the part ot the Patent Ottice to 

submit the two subject cases to the ArJA7 or Bavy tor approval 

tor release before allowing the respective applications to go to issue. 
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• REF ID :A711'tt 

c. That the Commissioner ot Patents be requested to 

direct Patent Ott1ce personnel to be more careful in tuture 

in connection with other s1mil>&r cases still pending, it &nJ •