REF ID:A416158B 

*AR 825-20] 

; .AJlMY REGULATIONS} 

· No.825-20 

DEPARTMENT OF THE ARMY 

WASHINGTON 25, D. c., 29 October 1951 

PATENTS 

INVENTIONS, PATENTS, AND PATENT INFRINGEMENT CLAIMS 

SECTION I. GENERAL. Po.ugraph page· 

Policy of the Army concerning rights in inventions and 

patents ____________ ----------------------------- 1 

Delegation of authoritY----------------------------- 2 

II. INVENTIONS AND IMPROVEMENTS. 

Procedure----------------------------------------- Distribution of communications _____________________ _ 

Inventions submitted for patenting __________________ _ 

Ill. PATENTS. 

Exclusion from right to sue United States for infringement 

of patent.------------------------ ____ -----------

TiUe to patents in inventions made by employees of Department of the ArmY----------------------------

Patents obtained without payment of fees ___________ _ 

Notification of Department of the Army of change of 

Procedure rights in ________________________________________ patents--------------------------------_ 

Patent claims received in Department of the Army ____ _ 

SECTION I 

GENERAL 

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I. Policy of Department of the Army concerning rights in inventions and 

patents.-The policy of the Department of the Army with respect to inventions 

made by officers, warrant officers, enlisted personnel and civilian employees 

under its jurisdiction is governed by Executive Order 10096 and the administrative orders issued pursuant thereto. 

2. Delegation of authority.-The Judge .Advocate General, Department of the 

Army, is delegated the authority to take all necessary action on behalf of the 

' Secretary of the Army pursuant to these regulations. The Chief, Patents Division, Office of The Judge Advocate General, is designated liaison agent for the 

Department of the Army to deal with the Office of the Chairman of the Govern-

, ment Patents Board. SECTION II 

INVENTIONS AND IMPROVEMENTS 

3. Proeedure.-a. All co=unications relating to inventions, including s·uggestions, ideas, or plans for new material or the improvement of existing material, 

will be referred direct to The Adjutant General, Department of the Army, Washington 25, D. C., except as indicated in paragraph 5. 

•These regulations supersede AR 850-50, 17 July 1942, including C 1, 9 January 1945, and 

C S, 7 June 1949. 

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.,. 
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AR 825-20 AR 825-20 

PATENTS INVENTIONS, PATENTS, AND PATENT INFRINGEMENT CLAIMS 

b. Persons desiring to submit their inventions or ideas in person will be 

referred to The Adjutant General. 

4. Distribution of communications.-a. All suggestions for inventions or devices or.iginating from sources outside the services, including those submitted 

through l\Iembers of Congress, received or now on hand by any ageney or component of the Department of the Army, may !Je forwarded without action, hy 

'office slip or check indorsement, to The Adjutant General, who will trnns111it 

,them ~o the· National Inventors Council, Department of Commerce lluilding, 

.Washington, D. C. . · 

b. After preliminary review by the National lnYentors Council, those which 

do not warrant Department of the Army stutly will !Je disposed of by tile Coundl. 

1

Those. which appear to be worthy of more detailed im·estigation by: the Depart-

·ruent of the Army will be sent to The Adjutant General by the Council for 

·reference to the appropriate agency or component of the Depart1uent of the 

· Army for im·estigation. by its technical staff. · 

c. After im·esti:.:ntio!l, each case will be retnrned to The Acljntnnt General 

··with the report of the technical cowllli ttee and the recomlllendatiou of the hea<l 

of the agency· or component. 

' d. Hca1ls elf agencies or ·components of the. Department of the Army may 

'communicate direct with tile ii1n•ntor for such additionnl information as lllay 

.be required, or to arrange for demonstrations. If and when a suggested in,·en-

)ion reaC'hes the stage that :i parent application is to be made, the case will be 

'.retaine.cl for pntenting by the head of t11e :igency 6r component of the Departlllent 

'of tile 0Army,·t11e technical staff of whieh has made sueh detenninatio11, if sueh 

agency or component urnintains a patent section; and if such agency or component does unt maintain a patent section, the head thereof will trnnswit the 

case to The .Judge Adrncate Generai- for patenting. 

5. Inventions submitted for patenting.-The pro'l"isions of parngraphs 3 and 4 

will not apply to correspondence relating to im·entions submitted by officers 

·warrant oflieers, erilisted pe1·sonnel, or ch·ilian einplo~·ees of the Department of 

'the Army, the purpose of which is the patenting of such inrnntions. Such corre-

'spondence will be handled in accordance with ·section 111. 

SECTION qI 

PATENTS 

6. Exclusion from right .to sue United States for infringement of patent.-An 

·inventor \\'bile In the Go1·crnment service or his assignee may not sue the United 

States in tort for infringement of a patent, nor may he so sue after lenving the 

Government service if the im·ention is made during such sen·ice (02 Stat. 041, 

as amC'mlcd; G:.l Stat. 102; 28 U. s: C. 1408); but Gm·ernment im·eutors have 

the same right as other persons to sue the United States in the Court of Claim::! 

on contracts express or implied. 

7. Title to patents in inventions made by employees of Department of the 

Army.-a. The Go\·ermuent may require assignment of title to inventions made 

by employees of the Department of the Army, and to any patents that may be 

issued on such inventions if any of the following conditions are present: 

(1) If the invention was made during working hours; or 

AGO 1300B 2 

(2) If the invention was made 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) If the invention bears a direct relation to or was made in consequence 

of the official duties of the inventor. 

lb. In determining whether a condition set forth above was present in the 

making of the invention the following definitions shall apply: 

{l) Working hours for civilian employees shall mean time spent during 

either the usual working hours, or O\'ertime, or both, and for military 

personnel time spent during the hours actually engaged in officially 

assigned duties, 

(2) A contribution of facilities shall mean that the facilities were used in 

the making of the invention and while so used were unavailable for 

other purposes, 

(3) A contribution of equipment shall mean that the equipment was used 

in the making of the invention and was thus made unavailable for other 

purposes, 

(4) A contribution of mnterials shall mean thnt the materials were specifically obtained and used for the purpose of making the invention and were 

thus rendered unavailable for other use, 

(5) A contribution of funds shall mean that Go'l"ernment funds were actually expended for the purpose of making the invention, 

(G) A contribution of information shall mean that the information used in 

the making of the invention was available only by reason of the Inventor's official duties and was obtained from sources not otherwise 

available, 

(7) A contribution of time or services of other Government employees on 

official duty shall mean that their time or services were utilized during 

working hours as defined in (1) abo\"e. 

(8) .Bearing a direct relation to or made in consequence of the official duties 

of the inventor means that the duties to which the inventor had been 

assigned were such that the invention could reasonably be expected to 

arise therefrom. 

c. When any of the conditions set forth in a above, as defined in b above, arE 

present, the domestic rights and, in the discretion of the Secretary of the Army 

foreign rights in and to the invention shall belong to the Government if-

(1) The conditions are equitably sufficient to justify assignment tbereoi 

by the employee to the Government; and 

(2) The Government bas sufficient interest in the invention to requirE 

assignment thereof by the employee. 

·u it should be found that assignment is not required under ·(1) and (2) of th!~ 

subparagraph, the employee nevertheless shall be required to grant to the Gov· 

ernment a nonexclusive, irrevocable, royalty-free license in the invention and 

under any patents, domestic or foreign, which may issue thereon, with power to 

grant licenses for all governmental purposes. 

d. When none of the conditions set forth in a above, as defined in b above, arE 

present, the entire right, title and interest in and to the invention shall be left 

to the employee, subject to law. 

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AR 825-20 

·PATENTS 

e. Where an assignment to the Government of the domestic rights in and to 

an invention is require_d, the employee shall, if r~quested, assign the foreign 

rights in nnd to the invention to tpe Government. The Secretary of the Army 

may, pursuant to c above, upon request of the inventor, permit the foreign rights 

to remain in the inventor. Where, however, an assignment of the domestic rights 

•is not required, an assignment of the foreign rights in and to the invention may 

be made by the employee upon request. 

f. It is presumed that the conditions of a above, as defined in b above, are 

present, when the employee is employed or assigned to-

(1) Invent or improve or perfect any art, macbine, manufacture, design, or 

composition of matter; 

(2) Conduct or perform research or development work or both; 

(3) Supervise, direct, coordinate or review Government financed or conducted research or development work, or both; 

( 4) Act in a liaison capacity among governmental or nongovernmental 

agencies or individuals engaged in such research or development work, 

or both. . [ 

g. Employees within the classes defined in f above, may submit evidence that 

will enable the Government to establish the absence of any one or more of the 

conditions of a above, as defined by b above, or that the conditions which are 

present are insufficient equitably to justify a requirement that assignment be 

made to the Government of the invention and any patent which may issue 

thereon. 

h. For employees not within the classes defined in t above, the Government 

must establish that the conditions o::: a above, as defined by b above, if present, 

are sufficient equitably to require an assignment to tbe Government of the in-

:vention and any patent which may issue thereon. 

i. Whenever an invention is made under any of the conditions set forth in a 

above, as defined in b above, the employee must report the im-ention through 

the proper official channels to the Chief, Patents _Division, Office of The Judge 

Advocate General, Department of the Army, Washington 25, D. C., for further 

report to the Chairman of the Government Patents Board. The reporting of 

inventions not falling in the above-defined category relating' to subject matter 

of a .potentia_l governmental interest, while not required, should be encouraged. 

J. Determination of the relative rights of. the Government and an employee in 

an invention made by an employee of the Department of the Army shall be made 

by the Secretary of the Army in accordance with these-1'egulations. 

(1) The head of the technical service or his delegated representative, if 

that agency or component maintains a patent section, shall determine 

whether the results of research, development ·or other activity within 

that agency constit~te in:.ention within the purview of R: S. 4886. 

In the event it is determined _that a particular invention disclosure does 

not constitute invention, no further action is required under Executive 

Order 10096. 

(2) The head of the agency or 'component of the :i;>epartment of the Army 

involved, if that agency or component maintains a patent section, shall 

recommeC:d disposition of the relative rights of the Government and the 

em:ployee ii{ inventions ·and submit -the reconimendiltioris to the ·secretary 

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INVENTIONS, PATENTS, Ai'lD PATENT INFRINGEMENT CLALl\l[S ! 

of tl/-e Army -for determination of the relative rights of the Government 

and the employee. 

(3) The Secretary of the Army shall make a determination of the relative 

rights between the Government and an employee inventor on behalf of 

the Department of the Army and submit those determinations to the 

Chairman, Government Patents Board, for review. 

(4) Any employee of the Department of the Army who is aggrieved by a 

determination of the relative rights of the Government and the employee made by the ·Secretary of the Army may obtain a review of the 

determination by filing, within such time after receiving notice of such 

determination as may be fixed by the Chairman, Government Patents 

Board, a written appeal with the Chairman of the Government Patents 

Board, and a copy of the appeal with the Chief, Patents Division, Office 

of The Judge Advocate General. 

(5) In the event of the filing of an appeal, as set out in ( 4) above, the 

Secretary of the Army, subj~ct to considerations of national security, 

shall furnish the Chairman, Government Patents Board, in writing, 

promptly upon the filing of the appeal, such information as may be 

required by the Chairman. The decision of the Chairman npon any 

appeal taken pursuant to ( 4) above, shall be final. 

(6) In the event that the Secretary of the Army determines, pursu~nt 

to either c or d above, that the domestic rights in and to an invention 

will be left with an employee with or without a license to the Government, a report of this determination is required to be submitted to 

the Chairman, Government Patents Board, for review, subject to the 

right of the employee, if he acquiesces in the determination, to file 

a petition in the event of a decision of the Chairman less favorable 

~hlm. · 

(7) The Chairman, Government· Patents Board,-will revi~w the determinaation ·of the Secretary of the Army pursuant to (6) above, and his 

decision respecting the matter shall be final, subject to the right of the 

employee to submit to the Chairman, within such period after receiving 

notice of such decision as the Chairman may fix, a petition for a reconsideration of the decision, if it gives to the Government greater 

rights than the determination made by the Secretary of the Army. A 

copy of any such petition must also be -filed by the employee· with the 

Chief, Patents Division, Office of The Judge Advocate General. 

k. Definitions of terms as used in these regulations: 

(1) The term "Go.vernment employee" means any officer or ·employee, 

civilian or military, of the Government· including any part time consultant or part time employee except when special circumstances in a 

specific case require a departure herefrom to meet the needs of the 

Department of the Army. Such circumstances shali be reported to the 

.Chairman of the Government Patents Board. 

(2) The term "invention~.' means any· art, machine, manufacture, design, 

or composition of matter, or any new _and useful improvement thereof, 

or any variety of plant; which is or may be patentable under the patent 

laws of the United States. · 

8 •. Patents obtained: without payment of fees.-,nie Commissioner. of .Patents 

ls. authorized to grant, subject to existing law, to any officer, enlisted personnel 

5 AGO 1300B 
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AR 825-20 AR 825-20 

PATENTS INVENTIONS, PATENTS, AND PATENT INFRINGEMENT CLAIMS 

or civilian employee of the Government, except officers and employees of the 

Patent Office, a patent for any in>ention of the classes mentioned in section 

488G of the Revised Statutes (35,U. S. C. 31) without the payment of any fee 

when the bead of the department or independent bureau certifies such invention is used or liable to be used In the public interest, pro>ided that the applicant 

• In his application shall state that the invention described therein, if patented, 

may be manufactured and used by or for the Government for governmental purposes without the payment to him of any royalty thereon, which stipulation shall 

be included in the patent. See act of S March 1883 (22 Stat. 625) as amended 

by act SO April 1928 (45 Stat. 467; 85 U.S. C. 45; M. L.1949, sec.1SG9), 

9. Notificatio0n of Department of the Army of change of rights in patents.-All 

officers, warrant officers, enlisted personnel, or civilian employees of the Department of the Army who secure patents upon their inventions under any of the 

aforesaid circumstances, where the inventor retains title to the patent and the 

Govel'nment is licensed thereunder, are advised that full justice to the interests 

of the Government as licensee under the patent or patents concerned should 

prompt them to notify the Department of the Army of any further licenses or 

assignments they may make of their patent interests, to the end that contracting 

officers of the Government may at all times be informed thereof. 

10. Procedure.-a. Direct submission by inventor.-For the purpose of obta ining pntents, all persons in the militnry service and civilian employees of 

the Department of tbe Army may submit their unpatented inventions direct 

to the bead of the agency or component of the Department of the Army to which 

the invention relates. If that agency or component does not maintain a patent 

section, the l1end of the agency or component will transmit the unpatented 

invention to The Judge Advocate General, if further action is deemed necessary. 

ll. Correspondence. 

(1) Direct correspondence between tbe persons and the agencies or com· 

ponents referred to in a above is authoriz:!d, provided that-

(a) Such correspondence pertains solely to unpatented ideas and the 

patenting thereof. 

(b) No im·ention that has been rejected by any bead of an agency or 

component of the Deiiartment of the Army will be resubmitted to the 

head of any other agency or component unless accompanied by a 

.statement as to its former rejection or rejections. 

(2) All correspondence with reference to unpatented inventions will, if the 

subject matter reqni res classification, be classifie(J and handled In 

accordance with the appropriate provisions of AR 38()--5. 

(3) Correspondence received by the head of any agency or component of 

the Department of the Army maintaining a patent section may, at his 

discretion, be either-

( a) Handled entirely within the agency or component, or 

('II) Referred direct to The Judge Advocate General. 

(4) 'Vben received by the head of an agency or component not maintaining 

a patent section it may, at bis discretion, be either-

(a) Returned direct to the inventor or otber party in interest If further 

action by the Department of tbe Army is not deemeu necessary under 

puragrapb 7j(l); or 

(b) Referred direct to The Judge Advocate General, 

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(5) Whenever referred to The Judge Advocate General, the probable military 1 

val~e of the invention will be stated by the head of the agency or. 

component. o. Dy heads of agencies and components of Department of the Army. 

(1) The bead of an agency or component of the Department of tbe Army 

may delegate any of bis duties, as hereinbefore prescribed, to any of 

the activities under bis control. 

(2) The bead of each agency or component within tbe Department of the 

Army baving jurisdiction over a particular in,·ention shall submit 

through proper official channels to tbe Chail'mnn of the Government 

Patents Boaru such information and reports as are required by Executive Order lOO!>G and administrative orders promulgated pursuant 

thereto. 

11. Patent claims received in Department of the Army.-Any communications 

receiYed in any agency or component of the Department of the Army, in which 

claim is made tbat the manufacture, use, or disposition of any article, material, 

or process by or for that agency or component, or by or for any oth~r age~cy or 

component of tbe Department of the Army, involYes the use of any 111Yent10n. or 

design, whether patented or unpatented, and making a claim for corupens~tton 

on account of such use or offering to grant a license therefor, will be transmitted 

direct to the head of the technical sen-ice which bas ordered the manufacture, 

use or disposition of the subject matter in question. The bead of such teebnical 

ser~ice shall thereafter cause the claim to be processed in accordance with section 

IX, part 4, Army Procurement Procedures. 

[AG 072 (1 Oct 51) l 

BY ORDER OF THE SECRETARY OF 'IIIE ARMY: 

OFFICIAL: 

WM. E. BERGIN 

Mafor General, USA· 

7'7H3 Ad,jutant Gencrai 

DISRillUTION : 

0 

J. LA WTO~ COLLINS 

Chief of Stuff, United States Army 

AGO 1300B 

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