(~ ~ _,:?' 

// 

REF 

36 

I-~JA41484ff5 ';,,____/ 

Patents with· out fees to Government 

officers. 

Deposit of fees. 

and refunding. Hefuna of e:r.cess. 

Patents. 

Withheld dnr· 

Ing war lf disclosure of'inventlon detrimental, etc. Amended ilct· 

of July 1. 1940 

54 Stat. 710. 

uncertified i::opies, and,ffifty cents additional for· "er.ch 

ce·rt.ificatk'li'. ),) , · · ,{/' ' ,, ' '' /// . A.t.•t of A.pr. 30, Y.'.:m8, 45 Sta~/ 467; amendiwj" act of 

Mm·. :;J;.1883, !313 &at: 6135' ( U .. ~"J. 0,, title 35, lie. 45): 

'J?he Go,mmis~;:;:lner o:...c;, Pa~1its is.· autho1J~!-ed to grant, 

f'-.lbject ~o>~xisting law, \:?;any officer, erfiisted man, or 

·. employee of· C.he GoverilII).-iut, except off..fers a.i\d employees of th~'.P~tent Office,;;i: p·atent for PllY invent·i~'n of th~/ classes,m'en~ioned in ~i::ction 4~8() ~ihe Revised St~tuti:;::>; 

(U. S: C., title 35; i::cic. 31), w1thr,ut the payment o"f~ any 

fe~/when the· her,d '~:>f the de~jhi:!.ment or inder<iildent , ', ) L . ~ 

·bureau certifie~;luch inventiq~./is qsd or liable_t.u be-used 

in th6 publiq:}lnterest: Pro,J'Uled, Th!.:,.t the P.pplicant in 

.

his a~pl!~a~(on shall st~td that the in\·e. ~t~o.n described ·~ . 

therem, if: patented, may be mmrnfacture;.! and used by or )) 

for the 'Governmen~ f:dr goverri.m~nt~J:·'purposes with?ut /"J 

the }'il.yment to l}',m of any royv,1ty thel'Mn, wluch -7 

stipulation shall he included in thr;·p,atent. 

Appropriatio/:: Ad of Mar. 6,/9130, 41 Stat. 51'E:z,(V. S. 

C., title 35, se15'. 79) : . · ~ 

Hei·eafte:i:;~u patent foes ~tmll be pa.id t(.; the. :Uommissioner of R;itents, who shaHdeposit the same in the Treasury of t.)~:e United States;iii such manner as fo€ S,ecretary 

of the :Treasury shall 'direct, .and said ~0mmi'ssioner is 

auth:orize_d to pay b'.t:ck any sum or sums of mon~y paid 

to hi_m by anz'\.,_Vi~'son by mistake \~i' in exces.s of t~e fee 

r~qmred by law.1 (Supersedes· R. 8~4935 ~nd 4936.) .; 

MISCELLANEOUS PROVISIONS 

A.ct of Oct. 6, 1917, 40 Stat. 394 ( U. S. C., title 35, s,ec. 

4£)': 

\-Vhenever the publication or d,isclosure of an invention 

by·the granting of a patent might, in the opinion of the 

Commissioner of Patents, be detrimental to the public 

safety or defense he may order that the invention be kept· 

secret and withhold the grant of .a patent for such period 

or periods as in his opinion the natioJ?.al interest requires: 

Provided, Tha,t ~he invention disclosed in the application 

for said patent .:may be held abandoned upon it being 

established before 'or by the Commissioner that in violation of said order said invention has been published or 

disclosed or.that an application for a patent therefor has 

been filed in a foreign country by the inventor or his 

assigns or legal representatives, without the consent or 

approval of the Commis.<;ioner of Patents. 
·o REF Ip:jA4148485 

37 ....___,,, ' 

Wben. an applicant whose patent is withheld as herein 

provided.and wh6 faithfully obeys the order of the Commiss.ioner of Patents above referred to shall tender his · fi~~~':g·be 

inven~ion to the Governmentc of the United States for its ~~~\\~~~~~ i:ci. 

use, he shaH, d and when he ultimately receives a patent, 

have the right to sue for. compensation in the Court of. Compensation .. 

Claims, such t·ight to compensation to begin :from the 

elate of the use of the invention by the Government: 

Provided, That the Secretary of War or the Secretary · 

of the Navy or the chief officer of any established defense. 

agency of the United States, as the case may be, is authorized· to enter into an agreement w.ith the said appliCarit 

in full settlement and compromise .for the ·damage 

ac~ruing to him by reason of the order of secrecy, and for· 

the use of the invention by the Government. 

SEC. ·2. This Act shall take effect on approval and, 

together with the provisions of the Act· of August 21, 

1941 (Public Law 239, Seventy-seventh Congress, first 

session,· ch. 393)' shall remain in force during the time 

when the United States is at war. 

Act of Au.¢. gi, 1941, 55 Stat. 657: 

SEC. 3. (U. S. C., title 35, sec. 42a.) No person shall 

file or cause or authorize to be filed in any foreign coul1f.ry 

an application for patent or for the registration'. of a 

utility 'model, industrial design, or model in respect of 

any invent.ion made in the United States, except when 

authorized in each case by a license obtained from the 

Conunissioner of Patents ui1der such ·rules and regulations 

as he shall prescribe. 

SEc. 4. (U. S. C., title 35, sec. 42b.)'. Notwithstanding 

the provisions of sectioils 31 and 32 of this title, any 

person and tlie successors, assigns; or legal representatives 

, of any such person shall be debarred fi·o1n receiving· a 

United States patent for an i1wention if such person,. or' 

5uch successors, assigns, or legal representatives sh!lll, 

without procuring the authorization prescribed in section 

42a of this title, have -made or consented to or' assisted 

t~nother's making app]ic~ition in a foreign' country for a. 

patent or·for the registration of a utility' model, industrial 

design, or model in respect of such invention' where 

authorization for !Ou.ch application is required by the provisions ·of section 42a of this title, and any such United 

States patent actuaHy issued t.o any such person, shcces! 

sors, .assigns, or' legal representatives so debarred er becoming debarred shall be.invalid. · 

Amendeil act or June 16, 

1042. 

Flllng_nppllca· 

tlon In foreign 

countr;y. 

Persona debarred. 

rntent 

invalid. 
Peonltlea. 

Sepnrnblllt:r 

cluu.se. 

Definitions;. 

P.ersons 

exempt. 

In>portntlon of 

product of 

pnl<!nted 

process. 

REF ID:A4148485 

n 

~( o· 38 

SEc. 5. (U.S. C'., title 35, sec .. 42c.) Whoever,. during 

the period or periods of time an invention , has been 

crdered to be kept secret and the grant of a patent thereon withheld pursuant to section 42 of this title, shall, 

~ith knowledge of such order and without Clue authorizati<m, willfully publish or disclose or authorize or cause 

to be published or disclosed ·such invention, or any ma-

: terial information with respect thereto, or :whoever, in 

"'violation ofthe provisions of section 42a of this title, shall 

file or c·ause or authorized to be filed in any foreign coun-. 

try an application for patent ot for 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 th!m $10,000 or imprisoned 

for not more than two years or both. 

SEC. 6. (U. S, C., title 35, sec. 42d.) If any provision 

of sections 42-42£ of this title or the application of such 

provision to any person or circumstances shall be held invalid, the remainder of said se'ctions and app~ication of 

such ·provision to persons or circumstan.ces other than 

those as to which it is held invalid shall ._n9t be affected 

thereby. , 

SEc. 7. (U. S. C., title 35, sec. 42e•) As used in sections. 42--42f of this titleThe term "per5on" indudes any iildividual, trustee, 

corporation,, pai·tnership, association,· firm, or any other 

combination or individuals. '" 

The term "application" includes .applic~tions, and any 

modifications, amendments, or supplem~ntfi thereto or 

.continuances thei:eof. · 

SEC. 8. (U. S. C., title 35, sec. 42f.) The prohibiti'ons 

and penalties of sections 42~2£ of this title shlill not; 

apply to any officer or agent.of the United States ttcting 

within the scope of his authority~ 

Act of JUly 93, 1940, 54 St(J,t. 7934 ('U, S. 0., title 19, 

sec. 13l7a) : 

The ·importati'on her.eafter for use, sale, or exchange 

of a prod_uct made, produced, processed, or mined under 

or by means of a process covered by the claims of any 

unexpired valid tJnjted States letters patent, -whether. 

issued heretofore or hereafter, shall have the_ same status 

for the purposes of section 337 of the Tariff Act of 1930 

CU:. S, G, title 19., sec. 1337) as the importation of any 

product or article·covered by the claims of any unexpired 

valid United States letters patent.