Administrative Order No. 1 

REF ID:A41616f16 

GOVERNMENT PATENTS BOARD 

Office of the Chairman 

fl 

~· ,.blgust b I 1950 

INTERIM RULES AND REGU IA TIONS FOR THE 

ADMINISTRATION OF A. UNIFORM PATENT POLICY POR THE GOVERNMENT 

F I Section L Ptirpose: 

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,,. The purpose of this order is to define the organization for the administration 

of a uniform fB.tent policy ·for the Goveriunent with respect to inventions made by 

Government employees and to prescribe interim rules and regulations for imple~enting 

and effectuating such policy. 

Section 2. Generals 

(a) Authority for the administration of a unifonn patent policy is provided 

in Executive Order 10096)1 which reads in part as follows: 

"3. (a) A Governr.ient Patents Board is established consisting of 

a Chairman of the Government Patents Board, who shall be appointed by 

the Presidentll and of one representative from each of the following: I 

Department of Agriculture 

Department of Cormnerce 

Department of the Interior 

Department of Justice 

Department of State 

Department of Defense 

Civil Service Comriission 

Federal Security Agency 

National advisory Corrunittee for Aeronautics 

General Services Administration 

Each such representative, together with an alternatej shall be designated 

by the head of the agency concerned. 

"(b) The Government Patents Board shall advise and confer with 

the Chairman concerninc the operation of those aspects of the Government's 

patent policy which are affected by the provisions of this order or of 

Executive Order No. 9865, and suggest modifications or improvements where 

necessary. 

"(c) Consonant with law, the agencies referred to in JBragraph 

3 (a) hereof shall as may be necessary for the purpose of effectuating 

. this order furnish assistance 'to the Board in accordance with section 214 

of the Independent Offices Appropriation Act, 1946j 59 Stat. 134, Jl U.S.C. 

691. The Departr.lent of Commerce shall provide necessary office acconunodations and facilities for the use of the Board and the Chairman. 

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.. (d) The Chai..rman ahaJl establish such conunittees and other 

workinr, eroups as may be rcc1uirnd to advise or assist him in the performance of any of his func~ions. 

' 1 ( e) The Chai iman of the Government Pa tents Board and the 

Chail:·mc:.n of the Interdopa.rtmental Committee on Scientific Research and 

Dewlop1:1ent (provided fo:c by Executive Order No. 9912 of December 24, 

1947) shall establish and maintain such mutual consultation as will 

efff:ct th') pr·oper coord:i.natic)n of affairs of conunon concern." 

(l)) 'l'ld.:> C·l de~· a1.·p·1 "Le;:;1 t.o c.J:)' i.r1 :eiit.1.on made Ly a Government employee on or 

after January 23, 1950, and c;.ny ac.tion taken with respect thereto, and with respect 

to paragraJi1 2 (b) of 3octi::m !1, ooJ.ow; this order applies to all r·ights of the 

United States or a11y Government agency in and to inventions made by Qovenunent 

employees, regardless of date when madE:, 

Section J. Definitions for the Purpose of this Orcler: 

(a) "Government agency" is hereby defined as any executive department or 

any independent cnrnmission 5 board, office:i agency, authority, or other establishment of the Exe cu ti ve Branch of the Goverrunen t of the United States (including any 

such independent rer,ulatory commission or board, any such wholly-ovmed corporation, 

and the Smithsonian Institution) .v but excludes the Atomic ~nerey- Commission. 

(b) "Governnent employee" is hereby defined as any officer or employee,, 

civilian or Military, of any '.Jovernment a;~ency, includiilg, until further or~er, 

any part-tir.te consultant or part-time employee except as othervtise may be provided 

by contract or by <lf~ency regulation or practice. 

(c) "Invention11 is hereby defined as any art, machine, manufacture, design, 

or composition of matter, or any new and useful improvement thereof, or any variety 

of plant, whir.h is or r.iay be ra tentable under the pa tent lavrs of the United States. 

Section 4. Uniform Patent Policy: 

Executive Order 10096 states: 

"NOil, Tl!EnEFOnE, by virtue of the authority vested 

in me by the Constitution and statutes, and as President 

of the United States and ColTUllander in Chief of the armed 

forces of the United States, in the interest of the establishment and oreration of a uniform ratent policy for the 

I, Government vrith respect to inventions made by Government 

employees, it is here by ordered as f ollovrs: 

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11 1, The following basic policy is established for all 

Government agencies with respect to inventions hereafter 

made by any Government employee~ 
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REF ID:A416160. 

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tt(a) The Government shall obtain the entire right, title 

and interP.st in and to all inventions made by any Government 

employee (1) during working.hours, or (2) with a contribution 

by the Government of facilities 11 equipment materials funds 

or i n f ormation.9 . ar of ' ' ' time or services of other Government 

employees on official duty, or (3) which bear a "direct relation 

to or are made in consequence of the official duties of the 

inventor. 

R(b) In any case where the contribution of the Government) as measured by any one or more of the criteria set 

forth in paragraph (a) last above, to the invention is insuf'-

ficient equitably to justify a requirement of assignment to 

the Government of the entire right, title and interest to 

such invention, or in any case wher8 the Government has 

insufficient interest in an invention to obtain entire right, 

title and interest therein (although the Government could 

obtain same under paragraph (a) :1 above), the Government 

agency concerned, subject to the approval of the Chairman 

of the Government Patents Board (provided for in paragraph 

J of this order and hereinai'ter referred to as the Chairman) .9 

sruill leave title to such-invention in the employee, subject, 

however, to the reservatioo to the Government of a nonexclusive, irrevocable, royalty-free license in the invention 

with power to grant licenses for all governmental purposes, 

such reservation, in the terms thereof, to appear.9 where 

practicable, in any patent, domestic or foreien.9which may 

issue on such invention. 

"( c) In applyinr, the provisions of paragraphs (a) and 

(b), above, to the facts and circumstances relating to the 

making of any particular invention, it shall be presumed 

that an invention made by an employee who is employed or 

assiened (i) to invent or improve or perfect any art, 

machine, manufacture, or composition of matter, (ii) to 

conduct or perform research, development work, or both, . (iii) to supervise, direct, coordinate, or review Governr.ient 

financed or conducted research, development work, ar both, 

or (iv) to act in a liaison capacity among governmental 

or nongovernnental agencies or individuals engagen in such 

work, or made by an employee included within any other 

category of employees specified by regulations issued 

pursuant to section 4 (b) hereof .9 falls within the provisions of p:iragraph (a), above, and it shall be presumed 

that any invention made by any other employee falls within 

the provisions of p:iragrarn (b), above. Either presumption 

may be rebutted !J.J the facts or circumstances attendant 

upon the conditions under which any particular invention 

is nade and, notwithstanding the foregoing, shall not preclude a detennination that the irrvention falls within the 

provisions of paragraph (d) next belCJN. 
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••(d) In any case wherein Lhe Government neither 

(1) pursuant to the provisions of paragraph (a) above.9 

obtains ent) re rieht.Y title and interest in and to an 

invention nor (2) pursuant to the provi.sions of paragrap~(b) 

abovG.~ reserves a non~exclusi ve .9 irrevocable royaltyfree liconse ln the invention vr.ith power to grant licenses 

for all governmental purposes .9 the Government shall leave 

the C;ntire right~ title and interest in and to the invention 

i.n the GovE::rnmen t, employee:; subject to lavr" 

11 (0) /i.Gti.ons t.akez;,, and rights acquired, under the 

. for·egoing f.>rovisi.9ns of this section.9 shall be reported to 

·'<:the Chairman in ai'icordance with procedures established by 

'him. 

"2 o Subject to consi:ierations of national security, 

or public health.9 safety, or welfare;; the following basic 

policy is established for the collection.9 and dissemination 

to the public 9 of information concerning inventions resulting 

from Government research and develorment activities g 

"(a) When an invention is made under circur.istances 

defined in paracraph l (a) of thi.s order giving the United 

States the ri.cht to title thereto 3 the Government agency 

concerned shall either prepare and file an application 

for patent therefor in the United States Patent Off.ice or 

make a full disclosure of the invention promptly.to.the 

Chairman, who may.9 ir he determines the Government interest 

so requires 9 cause application for patent to be filed or 

cause the invention to be fully disclosed by publication 

thereo1'i Provided 9 however~ That, consistent with present 

practice of the Department of Aericulture, no application 

for patent shall,, without the approval of the Secretary of 

Agriculture.~ be filed in respect of any variety of plant 

invented by any employee of th.at Department• 

11 (b) Under arranr,ements made and policies adopted by 

the Chairman, all inventions or riehts therein, including 

licenses~ O'\"ffied or controlled by the United States or any 

Government agency shall be.indexed, and copies, summaries, 

analyses and abstracts thereof shall be maintained and made 

available to all Government. agencies and to public libraries, 

universities 9 trade associa.tions, scientists and scientific 

groups~ industrial and commercial o~ganizations, and all 

other interested groups of persons o 11 
REF.ID:A416160. 

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Sec!:.:.~t~!~-_;~ .... __ Functions of the Chairr.ian of the Government Pa tents Board: 

The Chairman of the Government Patents Board will: 

(a) Consult and advise with Government agencies concerning the application and operation of the policies outlined in Section 4, above. 

(b) After consultation with the Government Patents Board, formulate and 

suh:lit to the President for approval such proposed rules and regulations as may be necessary or desirable t9 implement and effectuate the 

aforesaid policies, together with the recommendations of the Government 

Patents.Board thereon. 

(c) Subnit annually a report to the President concerning the operation of 

such policies and from time to time s"Uch recommendations for modi£ication thereof as may be deemed ·desirable. 

(d) Determine with finality any controversies or disputes between any 

Government agency and its employees, to the extent submitted by any 

party to the dispute, concerning the ownership of inventions made by 

such employees or rights therein. 

(e) Review the action of the Government agency concerned in any case 

falling within the scope of paragraph 1 (b) or paragraph 1 (d) of 

Section 4ii, above. 

(f) Subject to considerations of national security, or public health, 

safety or welfare, and in accordance with paragraph 2 (a) of Section 

4, above, cause application for patent to be filed or cause the invention to be fully disclosed by publication thereof if the Chairman 

determines that the interest of the·Government so requires. 

(g) Subject to considerations of national security, or public health, 

safety or welfare, arrange for all rights of the United States or 

any Government agency in and to each invention made by a Government 

employee, including licenses, to be indexed. 

(h) Subject to considerations of national security, or public health, 

safety or welfare, and under arrangements made and policies adopted 

by the Chairman, as to each invention made by a Government employee 

which is owned by the United States or any Goverfunent agency and as 

to each invention made by a Government employee in ~ to which the 

United States ar any Government agency has a right or interest and 

which has been patented or published, make available copies, sununaries, 

analyses and abstracts thereof to all Government a~ncies and to 

public libraries, universities, trade associations, scientists and 

scientific groups, industrial and ~ommercial organizations, and all 

other interested groups of persons~ 

(i) Be responsible for the functions and duties of the Secretary of 

Conunerce a.nd the Department of Commerce under the provisions of 

Executi V.C Order 9865 of June 11~ 3 194 7, which were trans .ferred to 

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the Chairman by paragraph 5 of &ecutive Order 10096 of January 23, 

1950. The vrhole or any part of such functions and duties may be 

delegated by the Chairman to any Government agency or officer. 

Section 6. Res11onsibili ties of Goverrunent Agencies~ 

Each Government agency will: 

(a) 

(b) 

(c) 

For the purposes of this section, designate a liaison age~t at the 

agency level to deal vri th the Office of the Chairman: Provided, 

hovrnver, That the Departments of the Anny» the Navy, and the 

AirForce may each designate a liaison agent. 

Determine whether the results of research, development or other 

activity vlithin the agency constitute invention and, if so» 

whether or not pa.tent protection will be sought therefor. 

Subject to considerations of national security, or public health, 

safety or welfareJ report to the Chairman9 immediately upon filing 

an application for patent. 9 the following inforr.iation concerning 

each invention rrade by a Government employee in and to which the 

Government has any right. 9 title or interest~ including licensesz 

Item 1. 

Item 2. 

Item J. 

Brief description of the invention. 

Name of inventor or inventors and his or 

their employment status. 

Serial number, title of invention, and 

filing date of application. 

(d) Report to the Chairman, inunediately upon issuance of the patent, the 

following information concerning each invention made by a Goverrunent 

employee in and to which the Government has any right, title ar 

interest, includine licenses, and on which a patent hereafter issuess 

Item 1. 

Item 2o 

A copy of the patent. 

Employment status of inventor or inventors. 

(e) Subject to considerations of national security, or public health, 

safety or welfare, report to the Chairman, immediately upon agency 

determination, the following information concerning each invention 

made under 'circumstances defined in paragraph 1 (a) of Section 4, 

above, giving the United States or any Government agency the right 

to title thereto, and for vthich the Government agency concerned has, 

determined not to cause an application for patent to be filedi 

Item lo.· Description of the invention in sufficient 

detail to permit a satisfactory reviewo 

Item 2o Name of inventor or inventors and his or 

their employment statuso 

Item Jo Statement of agency dete:nnination and 

reasons therefore 
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(f) Subject to considerations of nat-ional security, or public health, 

safety or welfare, report to the Chairman, immediately upon agency 

determination~ the following information concerning each invention 

wher·ein the Government agency concerrwd proposes to leave title with 

the er.1ployee by reason of the circumstances defined in paragraph 

(g) 

(h) 

1 (b) or paragraph 1 (d) of Section ll, aboves 

Item lo Description of the invention in sufficient 

detail to permit a satisfactory reviewo 

Item 2 o Name of inven+.or or inventors and his or 

their employment statuso 

Item 3o Statement of agency detennination and the 

reasons thereforo 

Report to the Chairman, when sul:mitting a dispute or controversy 

pursuant to paragraph (d) of Section 5, above, the following information concerning each invention involving such dispute or controversys 

Item lo Description of the invention in sufficient 

detail to permit a satisfactory reviewo 

Item 2o Name of inventor or inventors and his or 

their employment status o 

Item 3o Detailed statement of the nature of such 

dispute or controversy concerning the 

ovmership of the invention made by such 

employee or rights therein, together with 

agency decisions, agreements, briefs, arguments, statements and evidence submitted' 

by the employee, and other relevant rnaterialo 

Submit to the Chairman the reports specified under paragraphs 

(c), (d), (e), (f), and (g) last above in accordance with procedures; 

established by the Chainnano 

(i) I&i.ke appropriate arrangements for the·dissemination of this order to 

its employeeso 

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Chairman 

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Approveds 

1~1· . " /. ,,__ ' '"7 

President 

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