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REF ID:A4161593 

Public Law 256 - 82d Congress 

Chapter 4 - Zd Session 

H. R. 4687 

AN ACT 

To provide for the withhol!ling'of certain patents that might be detrimental to the national security, and for !lther purposes. 

Be it enacted by the Se·nate. and Ilou.<;e of Representatives of the 

United States of America in Oong1·ess assembled, That whenever Invention 

publication or disclosure by the grant of a patent on an invention in Seoreoy A.et 

which the Government has a property interest might, in the opinion of or 195l. 

the head of the interested Government agency, be detrimental to. the Withholding 

national security, the Secretary of Commerce upon being so notified or patent by 

shall order that the invention be kept secret and shall withhold the Secretary or 

grant of a patent therefor· under the conditions set forth hereinafter. Cormneroe. 

'\Vhenever the publication or disclosure of itn invention by the 

gmnting of a patent, in which the Government does not have a prop- I~speoiion 

erty interest, might, iii the opinion of the Secretary of Commerce, be ~i ap~ ~~~ 

detrimental· to the national security, he shall make the application ·et~n Y ' 

for patent in which such invention is disclosed available for inspection • 

to the Atomic Energy Commission, the Secretary of Defense, and 

the chief officer of any other department or agency of the Government 

designated by the P1•esident as a defense agency of the United States. 

Each individual to whom the application is disclosed shall sign a dated acknowledgment thereof, which acknowledgment shall be en- tered in the file of the application. If, in. the. opinion of the Atomic 

Energy Commission,· the Secretary of a Defense Department, or the. 

chief officer of another· department or agency so designat~d, the 66 Stat. 3. 

publication or disclosure of the invention by the grantmg of a patent 66 Stat. 4. 

therefor would be detrimental to the national security, the Atomic 

Energy Commission, the Secretary of a Defense Department, or· 

such other chief officer shall· notify the Sec'reta1'y of Commerce and 

tl1e Secretary of Commerce shalL order that the invention be kept· 

secret and shall withhold the g:rai1t of a patent for such period as the 

national i.ntl'.rest r!lquires, anct notify the applicant thereof. Upon 

proper showmg by the head of the department or agency who caused 

the secrecy order to be issued that the examination of the application 

might jeopardize the national interest, the Secretary of Conimerce 

shall thereupon maintain the application in a sealed condition and 

notify the applicant thereof .. The owne1· of an application which has Right to 

been placed under a secrecy order shall have a right to appeal from appeal. 

the order to the Secretary of Commerce under rules prescribed by him. 

An invention shall not- be ordered kept secret and the grant of a Time lim-

. patent withheld for a period of not more than one year. The 8ecre- itations. 

tary of Commerce shall renew the order at the end thereof, or at the · 

end of any renewal period, for additional periods of one year upon 

notification by the head of the department or the chief officer of the 

agency who caused-the order to be issued that an affirmative detennin- . ation has been made that the national interest cohtinues so to require. 

An order in effect, or issued, during a time when the United States 

is at war, shall remain in effect for the duratio'n of hostilities and orie 

year foHowing cessation of hostilities. An order in effect, or issued 

during a national emergency declared by the President sl1all remai~ 

in effect for the duration of the national emergency and 'six. months 

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REF ID:A4161593 

Pub. Law 256 ·-2-

Reoission of thereafter. The Secretary of Cominerce m;iy rescind any order upon 

order. _ notification by the heads of the departments and the chief officers of 

the agencies who ca'Used the order to be issued that the publication or disclosure of the invention is no longer deemed detrimental to the 

national security. . . •Abandonment SEC. 2. The invention disclosed in an application for patent 5ubject 

of invention. ·to an order made pursuant to section 1 hereof may be held abandoned 

upon .its being established. by th.e Secretary of C'.ommerce ~hat in 

v10lat10n of said order the mvent10n· has been published or dISclosed or that an application for a patent therefor has beeJ1 filed in a fo1·eign 

country by the inventor, his successors, assigns, or legal representatives, or anyone in privity with'him or them, without the consent of 

the Secretary of Commerce. The abandonment shall be held to ·have 

occurred as of the time of violation.· The consent of the Secretary of 

'Commerce.shall not be given without the concurrence of the heads of 

the departments and the chief officers of the agencies who caused the 

order to be issued. A holding of abandonment shall constitu_te forfeiture by the applicant, his successors, assigns, or legal representatives, or anyone iri. privity with him or 'them, of all claims against the United 

St_ates based μpon such invention. 

Right to oom- S:Ec. 3. An applicant, his successors, assigns, or legal representapensation. tives, whose patent is withheld as herein provided, shall have the 

right, beginning at the date the applicant is notified that, except for 

such order, his application is otherwise in condition for allowance, 

or.the effective da~e of this Act, whichever is later, ahd ending six 

years after a patent is issued thereon, to apply to the head of any 

department or agency who caused the order to be issued for compensation for the damage caused· by the order of secrecy and/or for the 

Settlement use of the invention by the Government, resulting from his disclosure. 

_agreement. The right to compensation for use shall begin' on the date. of the firSt 

use of the invention by the Government. The head of the department or agency is authorized, upon the presentation of a claim, to enter 

66 Stat 4, into an agreement with the applicant, his successors, assigns, or legal 

66 Stat. 5, representatives, in full settlement for the damage and/or use. This 

settlement a!ITeement shall be conclusive for all purposes notwithstanding tlny oth:r provision of law to the contrary. ·If full settlement of 

the claim cannot be .effected,' the head of the deputment or agency 

·may award and pay to such applicant, his successors, assigns, or le~al 

repre8entatives, a sum not exceeding 75 per centum of the sum wluch 

the head of the department or agency considers just compensation 

Suit by for the damage and/or use. A claimant may bring suit against the 

claimant. Uriited States in the Court of Claims or in the District Court of the 

United States for the district in which such claimant is a resident . for an amount which when added to the award shall constitute just 

compensation for the damage and/or use of the invention by the 

Government. The owner of any patent issued upori an application 

that was subject to a secrecy order issued pursuant to section 1 hereof, 

who did not apply for. compensation as above provided, shall have 

the right, after the date of issuance of such patent, to bring suit in 

the Court o'fClaims for just compensation for the damage caused by reason of the orde_r of secrecy and/or use.by the Government of the 

invention resulting from his disclosure. The right to compensation 

for use.shall begin on the date of the first use.of the invention by the 

Government. · In a suit under the provisions of this section, and in 

negotiations concerning settlement of a claim, the United States may 

!1Vail itself of all defenses it may plead in an action under title 28, 

-3- ·Pub. Law 256 

United· States Code, section 1498, as amended. This section shall not 62 Stat 941. 

confer a right of action on anyone or his successors, assigns, or legal 

representatives who, while in the full-time employment- or service of 

the United States, discovered, invented, or developed the invention on which the claim is based. 

SEc. 4. Except when authorized by a license obtained from the· Filing of ap,.. 

Secretary of Commerce a person shall not file or cause or authorize to plication in 

be filed in any foreign country prior to six months after filing in the foreign oounUnited States an application for·patent or for the registration of a try, eto. 

utility model, industrial design, or model in respect of an invention 

made in this country. A license shall not be ,granted with respect to an invention subject to an order issued by the Secretary of Commerce 

.pursuant to section 1 hereof without the concurrence of the head of 

the departments and the chief officers of the agencies who caused the 

order to be issued. The license may be granted retroactively where an application has been inadvertently filed abroad and the application 

does not disclose an invention .. within the categories prescribed under 

section 1 hereof. 

The term "application" when used in this Act includes applications "Application.' 

and any modifications, amendments, 01· supplements thereto, or divisions thereof.· . · . SEc. 5. Notwithstanding any other provisions of law any· person, 

and his successors, assigns, or legal representatives, shall not receive a United States patent for an invention if that person, or his succes- sors, assigns, or legal representatives shall, without procuring the 

license prescribed in section t hereof, have made, or consented to or assisted another's making, application in a foreign country for a patent or for the registration of a utility· model; industrial design, or model in respect of the invention. A United States patent issued to 

such person, his successors, assigns, or legal representatives shall be 

invalid. 

SEC. 6. Whoever, duririg the period or periods·of time an invention Penalty 

has been ordered to be kept sec1·et and the gra~t of a patent the1·eon olause .• 

withheld pursuant to sect10n 1 hereof, shall, with knowledge of such 

order and without due iiuthorization, willfully publish or disclose or authorize or cause to be published or disclosed the invention, or mate~ 66 Stat. 5, 

rial information with respect thereto, or 'whoever, in v10lation of the 66 Stat. 6, 

provisions of section 4 hereof, shall file or cause or authorize to be filed 

in· any foreign country an application for patent or fo1· the registration of a utility model, industrial design, or model in respect of any 

invention made in the United States, shall, upon conviction, be fined 

not more than $10,000 or imprisoned for not more than two years, or _ 

both. ' 

SEC. 7. The prohibitions and penalties of this Act shall not apply to Nonapplicaany officer or agent of the United States acting within the scope of bility, 

his authority, nor to any person acting upon his writ~n instructions or pe1·mission. 

SEC. 8. The Atomic Energy Commission, the Secretary of a defense Rules and . 

department, the chief officer of any other department or agency of the regulations; 

Government designated by the President its a defense agency of the delegation 

United States, and the Secretary of Commerce, may separately issue of power. 

rules and regulations to enable the.respective department or agency to 

carry out the provisions of this Act, and may delegate any power 

conferred by this Act. · · SEC. 9. If any provision of this Act or of any section hereof shall Separability 

be held invalid, the remainder of the Act shall not be affected thereby. 
All 66 Stat. 

Repeals. 

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42 u:s.c. 

§ 1801 note. 

Short title. 

REF ID:A4161593 

Pub. Law 256 -4-

6. 

SEO. IO. The Acts of Congress approved October 6, 1917 (ch. 951 

40 Stat. 394)ti July 1, 194:0 (ch. 501, 54 Stat. 710); August21, 19.U (ch.: 

393, 55 Stat. 657) ; and June 16, 1942 (ch. 415, 56 Stat. 370) (U. S. C. 

title 35, secs. 42 and 42a to 42f), are repealed, but such repeal shad 

no_t affect any rights or liabilit~es existing on the date of approval ?f. 

tlus Act. An order of secrecy issued under the repealed Acts, and rn. 

effect on the date of the approval of this Act, shall be considernd an 

order issued pursuant to this Act. A claim arising under the repealed 

Acts and unsettled as of the effective date of this Act, may be presented 

and determined purs.uant ~o the provisions of this Act. 

SEC. 11. Nothmg m this Act shall be construed to alter, amend, 

revoke, repeal, or otherwise affect the provisions of the Atomic Energy 

Act of 1946 ( 60 Stat. 755), as amended. , SEc. 12'. This Act l.Jlay be_ cite<!, as thll "Jnv~~tion Secrecy Act of 

1951". . . . I 

Approved February l, 1952. 

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