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REF ID:A416~2 

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(FEDERAL REGISTER, VOLUME 15, NUMBER 16, 

25 JANUARY 1950, pages 389-391) 

E~_QUT IVE ORDER 10096 

PROVIDING FOR A UNIFORM PATENT POLICY 

FOR THE GOVERNMENT WITH RESPECT TO 

INVENT IONS MADE BY GOVERNl'ENT EMPLOYEES 

AND· FOR THE .ADMINISTRATION OF SUCH POLICY 

WHEREAS inventive advances in scientific and technological fields 

frequently result from governmental activities carried on by Government 

employees; and 

'fl'HEREAS the Government of the United States·is expending large sums 

of money 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 

WHEREAS.the rights of Government employees in their inventions 

should be recognized in appropriate instances; and 0 

TIHEREAS the carrying out of the policy of this order requires 

appropriate administrative arrangements: 

NOIT, TJIEREFORE, by virtue of the aut~ority vested in me by the 

Constitution and statutes, and as President of the United States.and 

Commander in Chie-f 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 

omployecs, it 1s hereby ordered as fol.lows: 

@'pproved for Release by NSA on 12-05-2014 pursuantto E.O. 1352a 
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REF ID:A4161jii2 

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The following basic policy is established for·all Government 

agencies \"Ti th respect to inventions hereafter made by any Government 

employee: 

(a) The Government shall obtain tho entire right, title and 

interest in and to all inventions made by any Government employee 

(1) durlng working hours, or (2) 1-'rith a contribti.tion. by tho Government 

of facilities, equipment, materials, funds, or information, or of time 

or services of other Government employees on official duty, or (3) ~hich 

boar a direct relation to or arc 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 sot forth in paragraph (a) 

last above, to the invention is insufficient equitably to justify a 

requirement of assignment to tho Government of the entire right, titlE) 

and interest to such invention, or in any ca-se uhero the Government has 

insufficient interest in an invention to obtain entire right, title and 

* interestthoroin (although tho Government could obtain some under paragraph (a), above), tho Government agency concerned, subjectto tho 

approval of the Chairman of tho Government Patents Board (provided for 

in paragraph 3 of this order and hereinafter referred to as tho Chairman), 

shall leave title to such invention in the employee, subject, houovor, to 

tho reservation to tho Government of a non-exclusive, irrevocable, 

royalty-free license in the invention with ponor to grant licenses for 

all governmental purposes, such reservation, in tho terms thereof, to 

· appear, rrhoro practicable, in any patent, domestic or foreign 1 which 

may issue on such invention. 

* Noto by Legal Div., OCSigO. 

11 some 11 in this lino is probably intended to be 11 samo11 • 

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(c) ·In applying tho provisions of paragraphs (a) and (b), 

above, to tho facts and circumstances relating to the making of any 

particular invention, it shall be presumed that an invention made~ bi 

an omploycc who is employed or assigned (i) to invent or improve or . 

perfect any art, machine, manufacture, or composition of matter, 

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(ii) to conduct or perform rosoaJ:'.ch,. development work, or both, (iii) 

to su~orvisc, direct, coordinate, or review Government financed or ' . conducted rosoarch, dcvolopmont r;ork, or both, or (iv) to act in a 

liaison capacity among governmental or nongovornmcnta~ agencies or 

individuals engaged in such nork, or made by an employee included 

uithin any.othor category of employees spocifiGd by regulations issued 

pursuant to section 4 (b) hereof, falls 1i!ithin tho provislons of 

paragr~ph (a), above, and it shall be presumed that any invention 

made by any otl:!or employee falls nithin tho provisions of paragraph 

(b), above. Either presumption may be rebutted by tho fo.cts or 

circumstances attendant upon tho conditions under uhich any particulc.r invention is mado and, no:tr:rithsto.!lding the foregoing, shall riot 

preclude a dotorminntion tho.t tho inv.ontion fnlls within tho provisions 

of paragraph ( d) next bolou. 

(d) In o.ny cw.so ':!heroin tho Gov6rnmont noithor (1) pursuant 

to tho provisio~s of pQrngraph (n) above? obtains entire right, title 

nnd fotorest in nncl. to nn invention nor (2) pursunnt to tho provisions 

of pc.rngrnph '(b) above, rosorvos a non-exclusive, irrcvocnblo, roy[l.ltyfree license in tho invention rii th poi:;or to grnnt licenses for all 

governmental purposes, the Government shnll lcavo tho entire right, 

ti tlo ·o.nd interest in and to tho invention in the Government omployoo, 

subject to lau. 

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REF ID:A4161692 

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(o) Actions taken, r.nd rights acquired, under tho foregoing 

provisions of this section, shnll bo reported to tho Chairman in 

accordance with procedures established by him. 

2. Subject to considerations of national security, or public 

·health, safety,. or 'Jolfo.ro, tho foll.01:1ing basic policy is cstr..blishod 

for tho collection, and dissomino.tion to the public, of information 

concerning inventions resulting from Government research nnd developmont activities: 

(n) . When a.n invention is ma.de under circumstances defined 

in pnrngrnph l (n) of this order giving tho United States tho right 

to title thereto, tho Government ngoncy concerned shall either propcrc . 

and file an o.pplicntion for po.tent therefor in the United States Po.tent 

Office or mcJ.co.n full disclosure of tho invention prQmptly to tho 

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Chairman, 01ho. rno.y, if ho determines tho Governmont interest so requires, 

cause application for po.tent to bo filed or cnuse the invention to be 

fully disclosed by publication thereof: Provided,· hcY(7ovy_r, Tha_t, 

consistent r!ith present practice of tho Dopc.rtrncnt of Agriculture, no 

application. for patent shall, '.'ri thout tho o.pprovc.l of tho Secrota:ry of 

Agriculture, bo filed in respect of; c.ny va.rioty of plant invented by 

any employee of that DopartDont. 

(b) Under arrr.ngornents m~do end policies c.dopted °b'.r the 

Chairrn..'1.n, all inventions or rights therein, including licenses, o'..'mod 

or controlled by tho United States or any Govornmont agency shall be 

indexed, and copies, summaries, analyses and o.bstracts thereof shall 

be mnintninod and ma.do avo.ilnblo to o.11 Govorrunent agencies and to 

public libraries, universities, trade associations, sciontitsts (sic.) 

and scientific groups, industrial and commercial orgc.nizc.tions, and 

all other interested groups of persons. 

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3. (n) A Government Pntonts Boe.rd is ostr.blishod consisting 

of c. Chcirmnn of tho Govornnont Pr!.tonts Boo.rd, -.-,ho shnll bo appointed 

by the President, c.nd of one roprcsentc.tivo from co.ch of tho follo~·Jing: 

DO)Jartment of .Agriculture 

Dopo.rtr.iont of Cornnorcc I 

Dc?o.rtmont of tho Interior 

Dop:-~rtrnont of Justico 

Dopc.rtc:cnt of St.:.to 

Dcpc.rtoont of Defense 

Civil Service Cor:u:tission 

Fodoro.l Security Agency 

Ec,t:i.on.o.l Advisory Cornni ttcc for Aeronautics 

Gonoro.1 Services Administro.tion 

Ench sμch rcprosc:it::.tivo, t.or;othor '.'Iith o.n c.ltornc.to, shnll be dosigno.tod I 

by tho hco.d of t:.10 O.f?Oncy conccrr1cd. 

(b) ·rho Gcvornnont Po.tents Bo~i.rd shnll advise C'.nd confor rri th 

tho Chnirno.n concerning tho operation of those c.spocts of tho Govo.rnncnt' s p2tont policy 1.7hich o.ro o.ffcctod by tho provisions of this order 

or of Executive Order No. 9865, o.nd suggest modificc.tions or inprovomonts ~-:hero nocossnry. 

( c) Consono.nt rli th la.~1, tho c.goncios referred to in pnrn.ero.ph 

3 (a) hereof sho.11 a.s nc.y bo necessary for tho )Urposo of offoctuc..ting 

( 

· this ordor furnish o.ssistnncc tc tho Board in c.cc ord<'.'.nco ui th section 

214 of tl10 Indopondont Of.fices Apr:roprio.tion Act, 1946, 59 Stat. 134, 

31 U. S. C. 691. Tho Dop::-.:-tT:1cnt Qf' Ghnrnrco slnll provide nccosso.ry 

office ncconnodntions o.nd fr .. cilit.:'.os for tho use of· tho Board o.nd tho 

Chc.irr.mn. 

(d) Tho Chnirmc.n shnll cstc:~blish such connittces o..nd other 

Tiorking groups o.s T:Jc.y be required tc c.dviso or assist him in tho 

porformo.nco of o.ny of his fw1ctions. 

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(o) Tho Chr.irna.n of tho Govornnont Pc-.tonts Doc.rd a.nd tho 

Ch~irna.n of tho IntordopGrtnonto.l Cor..nittco on Scientific Research 

£'.nd Dcvolopnont (provided for by Executive Order No. 9912 of DocoE1bor 

24, 1947) shell osto.blish o.nd nnintc.in such i:mtunl consulta.tion o.s 

uill o:f\foct tho proper coordino.tion of affc.irs of conman concern.· 

4. Hith 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 ~ith Government agencies concerning the application and operation of the policies outlined herein; 

(b) After consultation '.'Tith the. Government Patents Board, 

to formulate and submit to the President for approval such proposed 

rules and regulations as may be necessary or desirable to implement 

and effectuate the aforesaid policies, together 'l'Jith 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 rocommendations for modification thereof as may be deemed desirable; 

(d) To determine nith finality any controversies or disputes 

botweon_any Government agency and its employees, to the extent submitted 

by any, party to tho dispute, concerning the o~norship of inventions made 

by such employees or rights therein; and 

(o) To perform such- other or further functions or duties as 

may from time to time be proscribed by tho President or by statute. 

5. Tho functions and duties of tho Secretary of Commerce and 

tho Department of Commerce under the provisions of Executive Order No. · 

9865 of Juno 14, 1947 arc hereby transferred to tho Chairman and tho 

whole or any part of such functions and duties may bo delegated by· 

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REF ID:A4161jll2 ~ 

him to any Government agency or officer: Provi~, That said Executive 

Order No. 9865 shnll not be doomed to be amended or affected by any 

provision of this Executive order other than this paragraph 5. 

6. Each Government agency shall take e.11 steps appropriate to 

effectuate this order, including tho promulgntion of .necessary regulations uhich shall not be inconsistent with this order or 'ili th 

regulations issued pursuant to pnragraph 4 (b) horoof. 

7. As used in this Executive order, the next stated terms, 

in singular and plural, o.re defined as follows for the purposes 

hereof: 

(a) 11Govcrnment agencyi• 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 commission 

or board, any such i:-1holly-mmed corporation, e.nd the Smithsonian 

Institutio~)., but excludes the Atomic Energy Commission. 

(b) 11 Government employee" includes any officer or employee, 

civilian or military, of any Government agency, except such part-time 

consultants or employees as may be excluded by regulo.tions promulgated 

pursuant to paragraph 4 (b) hereof. 

( c) 11 Invention" includes any c.rt, machine, manufacture, 

design, or composition of mc.ttcr, or any nec1 c.nd useful improvement 

thereof, or any vnriety of plant, which is or mny be po.tentnble under 

the patent laws of the United Sto.tes. 

THE TIHITE HOUSE; 

Jnnunry 23, 1950~ 

HARRY S. TRUMAN 

(F. R. Doc. 50-722; Filed, Jan. 23, 1950; 1~16 p. m.) 

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