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GOVERNMENT PATENTS BOARD • 

Office of the Chairman 

Administra. ti ve Order No o /:------~--·------..., __ , 

FOREIGN PATENT PROTECTION PROCEDURE 

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Seg.:t_~q:g_J.? __ J~ .. l!r.Pose: 

The purpose of this order is to prescribe procedures f~r-effectuating-the 

policy of the Government, as set forth in Executive Order 9865, with' respect 

to the administration of the program for patent protection _abroad.of inventions 

resulting from Government-financed research to which the Government has acquired title or the right to file foreign patent applications thereon~ 

Section 2o __ ~Q._rity~ 

. Authority for the issuance of this order is·provided in Executive Order 

9865, dated June 14, 1947 (12 FoR. 3907} and Executive Order 10096, dated 

January 23, 1950 (15 F.Ro 389)0 

Th.is order applies to any invention to which the Government has acquired 

or rnay E!.Cquire title or the right to seek patent protection abroad, except 

any invention officially classified for reasons of the national security and 

any invention within the jurisdiction of the Atomic Energy" dommis'sion which is _ 

not specifically authorized by said Commission for inclusion within the terms 

of this ordero 

'J 

(a) Im:nediately upon filing an application for United States patent and 

receiving from the Commissioner of Patents the serial- number of such application on an invention in and to which the Government has obtained title or the 

right t'o 'file foreign patent applications thereon, or' holds an option to 

obtain· such right, the Government agency concerned shall inforn1 t:ne Office· of' 

Technical Services, Department of Commerce, and furnish the information 

specified in subparagraph (b) below concerning each such inventiono · 

· ( b) The Government agency concerned shall furnish the Office of 

Technical Services, through the use of Foreign Patent Protection Reporting 

Form TS12, the following information concerning each_ invention: 

(1) Whether or not the reporting agency recommends-that 

the invention should receive patent protection abroad by the 

United States and, if so, in what foreign jurisdictions such 

@'pproved for Release by NSA on 12-05-2014 pursuantto E.O. 1352a 
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patent protection should be sought, together with the reasons for tiie 

recommendation to file or not to file for foreign patent protection, 

or to cause disclosure of the invention in accordance wit:0:1 Section 8 

below, and an indication of the immediate or future industrial, 

commercial or other value of the invention, including its value to 

public health. 

(2) The other information specified in Form TS12, including 

an abstract of the invention, which shall consist of a clear and 

concise summary of tne invention containing, in 100 words or less 

of simple language (non-technical where possible), information 

concerning the specific form or embodiment of the invention with 

special reference to its novel features and giving t'.le permissible 

variations unless they are obvious. The abstract should covP-r: 

(i) 

(ii) 

( ... ) .l.J.J., 

(~iv) 

what tne invention is or to what it relates; 

its construction, if a ma.chine, apparatus, 

device or article; its identity, if a chemical 

compound, or its ingred.ients, if a mixture, 

including the pr.eduction thereof if not 

obvious; or the procedure involved,if a process; 

its manner of operation (how it works), if a 

machine, apparatus, device or article; and 

what it accomplishes or is intended to accom-· 

plish over the knov:n prior art o 

Unessential details and theoretict:>.l matters and discussions should 

be omitted, but the abstract should be sufficiently complete to 

serve as a disclosure of the invention, 

Under Administrative Order No. 2, issued b,y the Chair:nan of the Government 

Patents Boa.rd on September 6, 1950, which delegated to the Secretary of Commerce 

certain of the functions and duties transferred to the Chairman of the Gover!."imEnt 

Patents Board under Executive Order 10096, it is the responsibility of the Secretary of Commerce, as represented b:>-· the Office of Technical Services, Department 

of Commerce, upon receipt of the information specified under Section 4 above: 

(a) To consult flllly with United States industry and commerce, with the 

Chairman of the Government Patents Board, witn the Depart~ent of State, and with 

other Government agencies familiar witi technical, scientific, industrial, commercial or other economic or social factors affecting the invention involved; 

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(b) Opon the basis of such consultation and after consideration of the 

availability of valid patent protection in the countries determined to be immediate or potential markets for, or producers of, products, processes, or 

services covered by or relating to the invention, to deteri.nine whether or not 

and in what foreign jurisdictions the United States should seek pa~ent protectioru 

of such inventions and, to·the extent of available funds therefor, to procure 

foreign patent protection of such inventions, taking all action, consistent 

with existing law, necessary to acquire and maintain patent rights. abroad on 

such inventions; · 

(c) To administer foreign patents acquired by the United States under the 

terms of this order, subject to t:'le approval of the Chairman of the Government 

Patents Board on all matters of policy; 

(d) To issue licenses under such patents as prescribed in Section 7 below 

and in accordance with law; 

(e) To maintain aaequate records,_ and other necessary files, to provide 

readily available information on eJ.l the inventions included under the program, 

with special reference to patent f;.pplications pending, patents issued, and 

licenses granted; and 

(f) To submit to the Ch;;.1.rman of the Government Pa.tents Board a written 

report quarterly, or otherwise as the.Chairman may request, on all operations 

of this program during the preceding calendar quarter or other period designated. 

Pursuant to Executive OrdcTG 9365 and 100961 it is the responsibility of the 

Depe.rt:nent of Stat~, in consultation with the Chair::nan of the Government Patents 

Boa.rd and the Secretary of Commerce, t::> seek arrangements among governments under 

which each government and its nationals shall have access to the foreign patents 

of the other pa.rticipc.ting governments,. 

Section 7 ~-- Licensing of f<?X-~Yfil._)~.~te~l"lli 

(a) Licenses under foreign patents issued to the Uni.ted Stat.gs shall be 

granted by the Secretnry or Commerce "to nationals of the United States on a 

nonexclusive, revocable, royalt:f-free basis except in suc:1 cases as the Secretary 

of Commerce with the a.pproval of the Chairman of the Goveoment Patents Board 

shall determine it to be inconsistent with the public interest to issue such 

licenses on a nonexclusive, roye.l.ty~free basis. 

(b) Licenses under foreign patents issued to the United States may be 

granted by the SecretC<.ry of Commerce to foreign countries or to nationals of 

foreign countries pursuant to any arrangements which. illay come into force with 

such countries as provided in Section 6 above, or, in the abs.ence of such 

arrangements, on such term~ as the Secretary of Commerce, witn the approval 

of the Chairman of the Government Patents Board, shall determine, in accordance 
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with law and on the.recommendation-of the Secretary of State, would. be in the 

public interes~, si1bject t_o ·out:-;t~mdinf?, licenses. 

(c) With respC:ct b foreign patent:: relating b matters of public health, 

licenses under such patents issued -to the United States may be granted by the 

Secretary of _Commerce tQ fcraign c.;:.>untr:i.es or to nationuls of foreign countries 

on a nonexclusive, rev,)ca.ble, royalty-free be.sis unless the Chairman of the 

Government Patents Boe.rd, on the recommendation of' the SecretC1.ry of State, shall 

determine otherwise, regardless of whether a country is e. party- to the arraugements specified in.Section 6 above. 

(a) The Secretar,y cf Commerce may, in cooperation with the Government 

agency concerned. and with tile approval of the Chairman of the Government Patents 

Board, cause prompt disclosure of any invention falling within the scope of 

this order, with respect to which a patent applic~tfon has been filed in the 

United Statef;, and concerning which a secrecy order h1:1s not been issued by the 

United States. Comraissioner of -?atents, in such :nanner as may be necessary, or 

useful and feasible, to insure ,na:ximum protection to the interest of the· 

United States. 

(b) The Secretary' of ComIJerce may, in cooperC1.tion with the Governllent 

agency concerned and with t!1e approval of the Chairman of the Government· Patent;:; 

Boa.rd, cause prompt disclosure of any invention falline within the scope of 

this order, with respect to which a determination ha.s been made that a patent 

application will not be filed in the United States, in such manner as may be 

necessary, or useful and fea~;ible, to insure maximul'.I protection to the interest 

of the United Statef; 1 upon determim'.tion by the Secret.;:1.ry of Commerce, after 

consultation with all interested departments and agencies and with the approval 

of the Chairman of the Government. Patent:-; rioard, that such disclosure would not 

be contrar_y to the national interest or security und that the invention is of 

sufficient novelty and significance to require suet protection. 

When the foreign. patent rights i~ an inventionf:l.re not· assigned to the 

Government but the Gove!·nment may, ;~t its option or on request, acquire such 

rights and the Secretary of Commerce, <>.s represented by the Office of Technical 

Services, Department of Comrnerce 1 fails to cause an application to be filed in 

any particular foreign countr:r on behalf of' the liovernment, or determines not 

to seek a foreign patent in such country, within six months of the filing of 

an application for U::iited States patent on the·invention, such failure to cause 

an application to be filed, or determina.tion not to seek a foreign patent, shall 

constitute a. decision by the Government not to acquire the patent rights in 

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such foreign country, subject to the provisions of paragraph 6 of Executive 

Order 98650 After the decisi·:>n by the Government the inventor may apply for 

patent in such country, subject to the reservation to the Government of a 

nonexclusive, irrevocable, royalty-free license in the invention for all 

governmental purposeso 

~~~~ Archie Mo Palmer 

Chairman