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BULLETIN} DEPARTMENT OF THE ARl\IY 

No. 2 WASHINGTON 25, D. c., 27 January 1950 

EXECUTIVE ORDER.-The following Executive Order (No. 10096) ls published for the information and guidance of all concerned ; 

EXECUTIVE ORDER 10096 

PROVIDING FOR A UNIFORM PATENT POLICY FOR THE GOVERNMENT WITH RESPECT TO 

INVENTIONS MADE BY GOVERNMENT EMPLOYEES AND FOil THE ADMINISTRATION OF SUCH 

POLICY 

WHEREAS inventive advances in scientific and technological fields frequently 

result from governmental activities carried on by Government employees; and 

WHEREAS the Government of the United States is expending large sums of rn:oney annually for the conduct of these activities; and 

WHEREAS these advances constitute a vast national resource; and 

WHEREAS it is fitting and proper that the inventive product of functions of 

the Government, carried out by Government employees, should be available to the 

Government; and 

WHEl{EAS the rights of Government employees in their inventions should be 

recognized in appropriate instances; and 

WHEREAS the carrying out of the policy of this order requires appropriate 

administrative arrangements: 

NOW, THEREFORE, by virtue of the authority vested in me by the Constitution and statutes, and as President of the United States and Commander in Chief 

of the armed forces of the United States, in the interest of the establishment and 

operation of a uniform patent policy for the Government with respect to inventions made by Government employees, it is hereby ordered as follows: · 1. The following basic policy is established for all Government agencies with 

respect to inventions hereafter made by any Government employee: 

(a) The Government shall obtain tbe entire right, title and interest in and to 

all inventions made by any Government employee (1) during working hours, or (2) with a contribution by the Government of facilities, equipment, materials, 

funds, or information, or 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. 

( 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 insufficient equitably to justify a requirement of assignment to the Government 

of the entire right, title and interest to such invention, or in any case where the 

Government bas insufficient interest in an invention to obtain entire right, title 

and interest therein (although the Government could obtain same under para- graph (a), above), tbe Government agency concerned, subject to the approval of 

the Chairman of the Government Patents Board (provided for in paragraph 3 of 

this order and hereinafter referred to as the Chairman), shall leave title to such 

invention in the employee, subject, however, to tbe reservation to the Government 

of a non-exclusive, irrevocable, royalty-free license in the invention with power 

to grant licenses for all governmental purposes, such reservation, in tbe terms 

thereof, to appear, where practicable, in any patent, domestic or foreign, which 

may issue on such invention. 

(c) In applying 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 assigned 

(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 Government financed or conducted re- search, development worlc, or both, or (iv) to act In a liaison capacity among 

governmental or nongovernmental agencies or individuals engaged 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, falls within the 

proyisions of paragraph (a), above, and it shall be presumed that any invention 

made by any other employee falls within the provisions of paragraph (b), above. 

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Either presumption may be rebutted_ by tb.E'. facts _or <;ircumstances atte~dant UJ?OD 

the c:ornlitions under which any. particular rnvent10n is made and, notwithstarnlu;ig 

the foregoing, shall not.prec:iude a determination that the" invention falls·wi~lil 

the provisions of paragraph ( d) JJext below. . . (d) In any case wherein the Government neither (1) pursuant to the prov1slons 

of parugrnph· (a) above, obtains entire right, title, and interest in- and to an invention nor (2) pursuant to the provisions of paragraph (b) above, reserves~ 

• non-exclusive, irrevocable, royalty-free license· in the invention with power to 

grant licenses for all governmental purposes, the' Gove:nment shall leave the 

entire right, title, and· interest in· and to the invention rn the Government employee, subject" to law. . . . . (e) Actions taken, and rights ·acquire~, under the foregoing pr<?VIs10ns of this 

section, shall be reported to the Chairman in accordance with procedures 

established by him. 

2. Subject to considerations of national security, or publlc heal~h, safety, ~r 

welfare the following basic policy is established for the collection, and dis-

·semination to the public, of information concerning inventions resulting from 

Government research and deYelopruent activities: 

(a) When an invention is made under circumstances defined in paragraph 1 

(a) of this order giving the United States the right to title th_ere~o, the Government agency concerned shall either prepare and file an application for patent 

therefor in the United States Patent Office or inake. a full disclosure of the 

invention promptly to the Chairman, who may, if he determines· the Goyernm~nt 

interest so requires, cause application for patent to be filed or cause the rnv~nt10n 

to be fully disclosed by publication thereof: Provided, however, That, consistent 

with present practice of the Department of Agriculture, no application for patent 

shall, without the apl>roval of the Secretary of Agriculture, be filed in respect of 

any variety of plant invented by any employee of that Department. 

(b) Under arrangements made and policies adopted by the Chairman, -all 

inventions or rights therein, including licenses, owned or controlle~ by the 

·united States or any Government agepcy sb_all b~ in?exed, and copies, _summaries analyses and abstracts thereof shall b.e marntamed and made avmlal;>le 

to all Government agencies and to public lib~aries, universities, trade _ass?c1ations, scientists and ·scientific groups, industrial and commercial orgamzations, 

and all other interested groups of persons. . · . . . 3. (a) A. Government Patents Board is established consisting of a Chairman 

of .the Government Patents Board, who shall .be appointed by the President, and 

of one representative from each of the following: 

Department of Agriculture 

Department of Commerce 

Department of the Interior 

Department of Justice ' 

Department of State 

Department of Defense 

Civil Sen-ice Commission 

Federal Security Agency · National Advisory Committee for Aeronautics 

General Services Administration 

Each such representative, together with an alternate; shall be designated by 

tbe bead of the agency concerned. 

(b) 'l'be Government Patents Board shall advise and confer wi~b the Chairm.an 

concerning the operation of those aspects of the Governments pa tent pohcy 

which are affected by the ·provisions of this order or of E_xecutive Order· No. 

9865, and suggest modifications. or improvements whe:e _necessary. 

(c) Consonant with law, the agencies referred to m paragraph 3 (a). hereof 

shall as may be necessary for tbe purpose of effectuating this order furnish 

assistance to the Board in accordance with section 214 of the Independent Offices 

Appropriation Act, l!l46, 59 Stat. 134, 31 U. S. C. 691. The Dep:irtment of Com- merce shall provide necessary office accommodations and faciilties for the use 

of the Board and the Chairman. 

( d) The Chai rm an shall establish such eommitte_es and other working groul?s as may be required to advise or assist. him in the performance of any of his 

functions. 

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(e) The Chairman of the Government Patents Board and the Chairman of 

the Interdepartmental Committee on Scientific Research and Development (provided for by Executive Order No. D912 of December 24, 1947) shall establish 

and maintain such mutual consultation as will effect the proper coordination 

of affairs of common concern. 

4. With .a view to obtaining uniform application of the policies set out in 

this order and uniform operations thereunder, the Chairman Is authorized and 

directed: 

(a) To consult and advise with Government agencies concerning the application and operation of the policies outlined herein; 

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

and submit to the President for appi·oyal such proposed rules and regulations as may be necessary or desirable to implement and effectuate the aforesaid policies, together with the recommendations of the Government Patents Board 

thereon; 

(c) To submit annually a report to the President concerning the operation 

of such policies, and from time to time such recommendations for modification thereof as may be deemed desirable; 

(d) 'To 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; and 

(e) To perform such other or further functions or duties as may from time 

to time be prescribed by the President or by statute. 

5. The function and duties of the Secretary of Commerce and the Department 

of Commerce under the provisions of Executive Order No. 98U5 of June 14, 1947 

are herehy transferred to the Chairman and the whole or any part of such functions and duties may be delegated by him to any Government agency or officer: 

P1·ovided, That said Executive Order No. 9865 shall not be deemed to be amended or affected by any provision of this Executive order other than this paragraph 5. 

6. Each Government agency shall take all steps appropriate to effectuate this 

order, including the promulgation of necessary regulations which shall not be inconsistent with this order or with regulations issued pursuant to paragraph 4 

(b) hereof. , 

7. As used in this Executf\·e order, the next stated terms, ln singular and plural, are defined as follows for the purposes hereof: 

(a) "Government ageucy" includes any executive department and any independent commission, board, office, agency, authority, or other establishment of the 

Executive Branch of the Government of the United States (including any such 

independent regulatory cornrnission or board, any such wholly-owned corporntion, 

and the Smithsonian Institution), but excludes the Atoinlc Energy Commission. 

(h) "Go\·ernment employee'' Includes any officer or employee, civilian or mili" 

tnry, of uny Government agency, except surh part-time consultants or employees as may be excluded by regulations promulgated pursuant to paragraph 4 (b) 

hereof. · 

(c) "Invention" Includes any art, machine, manufacture, design, or composltlcin of matter, or any new and useful improvement thereof, or Rny variety of 

plant, which ls or may be patentable under the patent laws of the United States. 

THE WHITE HOUSE, 

January 23, 1950. 

furu!y S. TnUMAN 

BY ORDEB OF THE SECRETARY OF THE MMY: 

OFFICIAL: 

EDWARD F. WITSELL 

Major Generai, USA 

The Adjutant General 

AGO 1491B 

J. LAWTON COLLINS 

Chief of Staff, United States Army 

'1.1. GOVERNMENT PRINTING OP'PICE: 19150