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• REF ID:A66649 

l@P @Rft = SlleOl\1\'":f I~'!'l&I' 

' llDalA!lttrM Jl'OR '1U J.il:'~Ol\D J.5 October ""953 

8UBJ!'Cl': Release or the M-209 to Foreign •ations 

l. Lt. Colonel Long, G-2, called to say G-2 had a request from the 

!"rench :f'or 350 M-209'• for French Indo-China and wanted to know vh.y they 

couldn't be released, especially in view of the decision by USCIB on 

l3 October 1953. Be stated that on the one hand the U .s. Ya.a giving away 

(to the French) certain things but apparen1.ly retusing to do so on the 

other. I said I didn't think the cases were necessarily equivalent. 

2. The problE:m or release or the M-209 has a 1ong history. On several 

occasions, the Sigr.:.J. Corps has received requests ~or release from foreign 

countries, largely I think from South American countries. These requests 

have been ref'erred ~o ASA which has consistently reccmnended that the M-20 

not be released t f.'\118.l'il on unds o'f securi t 

. 3. llle legal Aal!ltter or patent rights has al.ways been in the back of 

people 'a minds but r..ot used as & reason for refusing to relea~~ the M-209, 

even though many VCTe given out during the var • 

4. Recently, I asked the BSA Legal Advisor to review tn-:: U.S. contract 

Y1th !agelin in o:rt'\er to find out just what the U.S. rights in the patent 

a110unted to. Jr~ tC': d me that the contract 1 tself permitted "manufacture, 

use and eal.e." There seemed to be, however, another contract or supplement 

which he did not have, which conveyed to Hagelin from the U.S. rertain rigttts. 

!he nature of these a.re not known at the present time. The - ~ f..l'I.:.. Advisor I 

stated tbat it a:rp~B.red that the U.S. could sell (or give) t,;.- M-209 to a 

:foreign nation, prc.vM.ed the sale was made in the U.S. In thl.' way, the U.S. 

cou1d legally avo1•l suit by Ragelin for infringement of paten:- ~i.ghts, but it r 

vould not protect tbe user if B.agelin bed filed patents in ti,<" .1~ers country. ' 

laselin ~ould sue the user for usins bis invention but the u.~. need not 

accept suit out91d~ the U.S. 

OGA 

5. Even t.':k:·i.;;b a lepJ loophole might exist, lacking thEL!!!U.s.ing 1, 

tmPPlpept which m'ejit renaove this loophole, there &l'f!reasons a.t the moment 

tor 1'SA to take th~ ettion that M-20 s should not be released because of 

EO 3.3(h)(2) 

PL 86-36/50 USC 3605 
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Seeu11ty • lniermaiian 

EO 3.3(h)(2) 

PL 86-36/50 USC 3605 

~ FOR THE RECORD Cont'd 15 ,· .. -::tuber 1953 

6. 'Dle gist of the foregoing was conveyed to Colonel Long who seemed 

to understand. He stated that he vould stall UQtil Friedman's results are 

known. 

7. Shortly af'ter the cal.l frolll Colonel. Long, Major Hamilton, ASA., called 

on the same aul:ject. Re agreed that action by the U.S. at this ti.Jlle might 

attect our relations I I What he needed was an excuse for delaying 

action. I suggested that the legal angle be explored thoroughly, mentioned 

that ve vere missing a supplement contract. j1:d would help him in establishing 

the legal rights of I He is to check Signal Corps files 

tor the missing portion. He stated that there is difficulty in telling G-4 f 

that the equipa(:. to cannot be released, because there are sufficient. usable I 

quantities on hc..il.ti, a.nd the claesi fication is no barrier. Apparently, G-4 I 

is insisting tha•: the available machines must be made available on request to 

approved nations. I believe he will use the lesal study as ~means of 

de:t'errin.g actioi::· 1.t this t1Jne. 

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