REF ID:A39494 

.. 

lat Memo Ind. 8 

War Plans&: Training Division, .April a>, 1935. To: Research and 

Development Division • 

.Appro'Val recommended provided it is imderstood that should the 

letters patent be granted the goverDm8nt will be able to obtain 8117 and 

all machines desired with011t the p~nt of rC>y"alty. 

I:acl. . 

/.4f1k 

S. :e • .Akin, 

Major~ Signal Corps. 

l Incl. added - Memo. 

from Mr. l'riedman to . Major Akin, lt/lf/3'J. 

,.,,.,. 2d MenK>. Ind. 10 

Research & Development Division, OCSigO, Ma.7 2, 1935. To: War Plans & 

Training Division. · 

1. Where an invention is originated by an emplo7ee of the Government, 

as in this case, the Gover:rmaent acquires the usual license Fights irrespecti'Ve 

or whether he negotiates the sale or his co1111ercial rights either before 

or after the filing or a formal patent application and the purchaser or 

such rights takes title subject to an irrevocable, non-exclusive license 

to the Govermnent, which license should be executed at the time the formal 

patent application is executed. 

2. The following procedure is ~~o;-.~Dded: 

~· 9) 

a That the patent application be filed thru the Patent Section or 

the Signal Corps and that attorneys representing the Government be 

made attorneys of record in the original application, but that patent 

counsel for the purchaser of the co11111ercial rights prepare the specification, claims and drawings for the application. Handled in this 

wa7, the case would come under the Act of 1883 as &11ended and the payment of a filing fee would be waived. 

3. Upon the actual filing or the application in the Patent Office, an 

associate power of attorne7 would be given to patent counsel representing 

the purchaser of commercial rights, with the understanding that said patent 

counsel would be responsible for the prosecution of application. All replies 

to patent office actions prepared by outside patent counsel should be transmitted to the SigDal Corps Patent Section for actual filing in the patent 

offic.e. 

4. (a) If during the pendenc7 of said patent application and 

- 2 - pproved for Release by NSA on 10-09-2013 pursuant to E. 0. 

13526 

_., 
... 

~:~~): i, ~!~1.1 : 11 )11):: ,/:~\:;<~ ~\{J,tA: ;~,tlii: ~~~~~~~~~ 

e . • 

prior to the grant ot a patent thereon, applicant should make a formal _ assignment of title and have said assignment recorded, the assignee 

(i.e. the owner of the commercial rights) would then become responsible 

for the payment of the final government fee. 

(.!:!) On the other hand, if the formal assignment of title be def erred until atter the actual grant of the patent, the payment ot a 

final government fee would therelJ7 be avoided. 

Incls-n.c. i1M.'~, Jr., G;iain, Signal Corps. 
REF ID:A39494 

War Plans & Training Division, :fla1' 6, 1935 - To: EJCe~tive Officer. 

Approval or request contained in paragraph 3 of Mr. 

Friedman's memorandum of April 19, 19.35 is recom.ended subject to 

the provisions of 2d Memo Indorsement. 

Incle. (no change). 

jl}~ S. B. Akin, 

Major, Signal Corps. 

41ih .... Ind. 

:B:Dcut1ve Ottice t JfrlJ' '1 1 1935 .. To llajor .lk1n. 

Appl'OV'el aa raoonmwn4ed 1n. 34 lla1DD Incloraament, hereon. 

Dmraoa Olmatead, 

Lt. Oel •• St.pal Co::r.ps. 

t 

Incls. n/c A.C'biq Ohiet SicBal Ottioe~ ot tlle Am'T •