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80THCONGRESS ls'l' SESSION H R · 4420 

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IN: THE HOUSE OF REPRESENTATIVES 

JULY 26, 1947 

Mr. MrcHEN.ER (by request) introduced the following bill; which was refei:i·ed 

to the Committee on the ,Tudiciary 

To 

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A BILL 

amend the Act relating to preventing the publication of 

inventions in the national interest, and for other purposes. 

Be 'it enacted by the Senate and House of Rep1·esentatives of the United States of Anie1'ica in C,ong1'ess assembled, 

That the Act of Congress approved October, 6, 1917 ( 40 

Stat. 394, ch. 95; 35 U. S. C. 42), and Acts amendatory 

thereof, are further amended to read as follows: 

""Thenever publi_cation cir disclosure by the grant of 

7 a. patent on an invention in which· the Government has a 

s property interest mig·ht, in the opinion ·of the head of the 

9 interested . Government agency, be detrimental to the . na10 tional security, the· Commissioner of Pa.tents upon being ·so 

11 notified shall order that. snch invention be kept secret and 

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REF ID:A4i4B~ .... 2 

1 shall withhold the grant of· a patent therefor under the 

2 conditions set forth hereinbelow. 

3 "Whenever the publication or disclosure of an invention 

· 4 by the -granting of a paterit, .within categories p-rescribed 

5 by the N ationai Munitions Control Board and in which 

6 the Government does not have a property interest, might, 

7 in . the opinion of the Commissioner of Patents, be detri-

. 8 mental to the national security, he shall make .the applica9 tion for patent in which such invention is disclosed available. 

10 for inspection to the Secretary of War, the Secretary of 

11 the Navy, and the chief officer of any other department 

12 or agency of the Government designated by the President 

13 as a defense agency of the United States. If in the opinion 

14 of the Secretary of War, the Secretary of the Navy, or the 

15 chief' officer of such other department or agency so desig16 nated, the publication or disclosure of such invention by 

17 tbe granting of a patent therefor would be detrimental to 

18 the national secm~ity, the Secretary of War, the Secretary . . 

19 of the Navy, or ·such _other chief officer shall notify the 

20 . Oommjssioner of Patents to that -effect, and the Commissioner 

21 of Patents, upon being so notified, shall order that such 

22 invention be kept secret and_ shall withhold the grant of a 

23 . patent therefor for such period or· periods as the .national 

24 interest requires: P1·ovided, That _the owner of a -patent 

~~ applicati<,rμ which has been placed under. a _secrecy order 
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REF.ID:A.484?8 

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1 . shalLhave a right. to appeal to the National Munitions .don::: 

2. trol Board· from such order: Provided further, ·That no: 

3 invention shall be ordered ·kept secret and the grant· of a: 

4 patent withheld for a pe'riod of more than one year:. P1'0:.. 

5, vided fu1'the1', That the Commissioner of Patents shall 

5- renew any such order at the encl thereof, or at the end 

7 of any renewar period, for additional periods. of one yeaf 

8 upon notification by the head of the department or the chief 

9 officer of the agency who caused the order to be issued 

10 that an affirmative determination has been made that the: 

11 . national interest continues .so to require, excepting, however~ 

12 that any such order in effect, or issued, during a time \vhen · 

13 the Ui1ited States is at war, shall be and i·emaiil in effect 

14 for the duration 'of the. war unless sooner specifically re:.· 

15 · scinded :· Provided further, That the Commissioner of 

16 Patents is auth.orized to rescind any order upon· notification 

17 by the heads of all departments and the chief officers of all , 

18 agencies who caused the order to be issued that the· publica'-

19 tion or disclosure of the invention is no longer deemed t'o 

20 be detrin1ental to the national security .. j:. 

21 · "SEC. 2. The iiwen ti on disclosed m "a11 application for 

22: patent subject to an order .made pursuant to section 1 hereof 

23 shall be held abandoned upon its being. established before or 

24 by the Commissioner of Patents th_at. in violation• of said'• 

25. order said invention: has· been publis_hed or disclosed ot:that · 
REF ID : A414 B 4'ifl . ..,. 

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i an application for a pa.tent therefor has .been filed in a foreigii 

2 connhy by the jjwentor, his successors, assigns, or legal 

3 representatives, or anyone in privity with him or them, with::. 

4 ont the consent or approval oftlie Con1missioner of Patents, 

5 and such abandonment shall be held to have occurred as of 

6 the time of such ''iolation: Provfrled, 'That in no case shall 

. 7 the consent or approval of the Conunissioner of Patents be 

8· given without the concurrence of the heads of all deparf9 ments and the chief .officers of all agencies '''ho caused the 

10 order to be issued: ProFided fnrther, That any snch holding 

11 of abandonment shnll constitute forfeiture by the applicant; 

12 his successors, assigns, or legal representatives, or anyone 

13 in privj_ty with him or them, of all claims against the United·_· 

14 States based upon such invention. / 

15 SEC. 3. Any applicant, his su.ccessors, assigns, or legal 

16 representatives, whose patent is withheld as herein provided, 

17 shall, if the oi'cler of the Commissioner of Patents above re- . 18 fetred to shall have been faithfully obeyed, have the right,-

i~.' within Oi1e year from the date the applicant is notified tha.t, . 

20 except for such order,· his application is othenvise in condi21 tioi1 for allo\vance, or the effective date of this Act, which~ 

22 · ever is later, to apply for compensation based upon the use,-· 

23 Jf _any; of' the invention by the Government; such right fo · 

24 ·. compeitsation to begin from the date of the use .of the i1iveit> 

25 .. tion b:y the- Government. The head of any departme'ht oi''. 

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1 agency who caused the· order to be -issued .is auth01ized, if ' . '. .· . .t\ 

2 any such claim is presented within the periods aboy~_..speci~.:. 

3 ' fied, to enter into an agreement with ~mid· applicant, . his: 

4 successors, assigns, or legal representatives, in full settlement 

5 and_ compromise for such use, if any, and any ·such se_tt1ef~ 

6 ment agreement entered into shall be final and conclusive: 

7 for all purposes, notwithstanding any other provision of law 

8 to the contrary. If full compromise and settleme11t of any. 

9 such claim· cam10t be effected, the head of any depaitment. 01: 

· 10 agency who caused the order to be issued, may, in )1is. dis::< 

11 cretion, administratively award and pay to· such: applicant; L 

12 his successors, assigns, or. legal representatives, a, SL1!~1. note 

13 exceeding 75 per centum of the maximum sum, if ~ny, which[_ 

14 · in tl_rn opinion of the head of . such department or [l_gency.; · 

15 would constitute fair and just compensation for sue,~ }~Se, it 

16 any. Within two years after issuance of the :P~~ei:tt,.,any~: 

17 ·claimant who fails to secure an award satisfactory-to him sham 

18 have the right to bring suit against the. Unit.ed :Stat~s_;: ~!} .. tne!: 

19 . Court of ·Claims for such amount which, when adqed, t~hsuGb!: • • "".: . '· . I • ', •-··-./ .• •. J..o.· ··-'-.• 

20 . award,. if ·any; shall constitt1te· fair and just C~II}:P.~P:S:a:t!~I?- for; 

21 . .the use; if any, .of. the. invention. by the· .(!ov.~rn.m~.n~,:,.;.fro:.::.~ . . - . . . . -·· - - . . - -- . . - .. ~ ... ,.. .. .•. -· •:' -. . 

22 : : vided, That in: any. such. suit, a.nd .i~ fill.Y n:~~9ti¥i?r..§:~l:9.~kirig~ 

23 c toward settlement and compromise. of. any. su~h. cl~irq,; th££ - . . . - - ., .. '·' '•·'- . •· '·'" -·~~--''! 

24 Vnited States·may avail itself of-any~nd aU·defen~e~.t~~~.may{ 

., H. R . .4420-... -2 .. ~~' J -.it'•, 
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1 -i)e pleaded by ifin an· action i1~1der the Act of Jtine 25, 1910; 

·2 . afairi'ended ( 35 u ~ S; o: 68) . 

3 '·' "S.EC. '4. 'N 0 persori shall' fifo or cause or authorize to be: 

4 filed in ~ny for"eign country an application for patent or foi; 

5· t.he i·~gistiTttion of a utility modei, industrial design, or modef 

6 ; ii( respect of any · inventioi1 made in the United States:· 

7 -prior to ninety days a.fter fi1ii1g in· the United States au' 

8 ·applfoation covering such invention except \vhen authorized 

9 ·ii1 each c~se by a lice'nse. obtained from the · Oomm~ssione~: 

10- ·of Patents ·under such rules and regulations- as he sbai( 

11 · · pi·escribe: P1·ov·ided, That nO' such Ii cerise shall be grantecl. 

12 : ,,,ith respect. to any invention which is the subject inatt_e~·. 

13 .. -bf a ·sub~isting· order issued by the Commissioner of Patents 

14;. · pi1i-st1ant '"to ·section 1 hereof 'vithout the concur1;enqe of the_ 

. 15 · ·heads of all d'epa:rtments or the chief officers of all agencies 

1~-: ···who: cat1sed tho order to be issued. -

17 · · •''SEc·. 5. Notwithstanding the prov1s10ns of sections 

18 4886 and 4887 of the ·Revised Statutes (35 U. S. 0.,- sees. 

:l9:..,:.3 i .: and 32 )-,~ a11y person and the successors, assigns, or legal 

20' -· .. ·. -.. -; .... - ,. . . . -· ' .. '' ·• - representatives· of any such person; shall be- debarred from 

21 :._.··~·\ ·. · .. : .. :.·-·· ... , ..... :· ,· .·. . .. . .. . . . .' · receivmg a U mt~d States patent ·for an mvent10n If such 

22··· ·..:: ". '· ,. . ·- ........ -•. .. . . . ' . - . . . . . . . . . . . ' · ··"person; · 01; sdch successors, assigns; or Iega.J representatives 

23(. ',. .. · .... -... '·· '·-: ....... , .·,. . ... ;_ .... ' . . ' - . 

' ·- shall, withont·p1~ocuring the ·anthm~ization prescribed iii sec2-tx;:;~doii .. 4 ·.her.eo-f, -h~ve in-ade, ~r c01isffiited' to .or- a~sisted a~~-

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other's ma.king, appljcation in a. forejgn ·country for a patent J 
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1 · or for the- registrati(w of a utility model, industrial design; 

2 or model in respect of such invention where·· authorization'. 

3 for such application is required by the provisions of sectiol'1' 

4 · 4 hereof, and any such United States patent actually issued 

5 to -any such person, his successors, assigns, 01' legal repre: 

6' sentatives so debarred or becoming debarred shall be invalid: 

7 "SEC. 6. vYhow~Ter, dmirig the period or periods of time 

8. an invention has been ordered to be kept secret and the ·gran't 

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9 of a patent thereon withheld pursuant -to section 1 hereof; 

10 shall, with knowledge of such order and -without clue authori-·_ 

11 . zation, willfully publish or disclose or authorize or cause to be 

12 published- or disclosed such in ven.tion, or any niaterial iri- -

13 · formation with'.tespeCt the~·eto, or whoevei·, in violation of the· 

14 provisions of sectlon 4 hereof, shall file or cause· or authorize. 

15 to be filed in any foreign country an application for patent -

16 or for the. registration of a utility model, industrial desigri·, -

17 or model in i·espect of any invention inade in the United 

18 States, shall, t-ipon·conviction, be fined not more than $10,000 

19 · or in:iprisonecl for not more than two year's, or both. 

20 -"SEC. 7. As used in this'·Act-· 

21 "The· term 'person' includes any individual, trustee, cor-· 

22 poration, paftrfetship; association,- fii·m, oi· 'any- other com23 -bin·ation of individuals. -

24 "The term 'application' includes applications, and any 
REF ID:A41484i&fl _,. 

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1 · modifications, amendments, or supplements thereto, or con-: 

2 . tinuances thereof; 

3 "The term 'use' includes manufactm;e, sale, or other ·dis..: 

4 position of the invention by the Government, or ·for the. 

5 Government with its authorization or consent.· 

6 Inventions, disclosure of which is detrimental to national 

7 security, shall include but shall not be limited to inventions· 

8 relating· to (a); arms, ammunition; and implements of war; 

9 (b) which can be. appli~~ only .in the manufacture or use 

10 of arms, ammu.nition, 01; implements of war; (c) inventions -· 

11 coincident with or closely allied to classified federally financed 

12 research for national-security purposes; ( d) inventions·· 

13 closely related to classified in~ormation relating to national 

14 security in the possession of national-defense agencies; ancl 

15 ( e) inventions embodying a fundam~n~al adva1ice in tech-_· 

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16 nology which· would drnstically increase the military potential 

17 ·of foreign ·countries. 

18 "SEO. 8. The prohibitions and penalties of this Act: 

19 shall not apply to any officer or ~gent of the United· States·_ 

20 acting within the scope of his authority; .. 

21 · ''SEc: 9: The.· Secretary of War,. the· S~cr~tary of tlie: 

22. Navy; the chief officer of· any other depl:!-~j;ment or· agency~ 

23 · of the Government designated by the Ptesident ~~-a. def:ens(f 

24 · agency of the United States, the N ation:al Munitions ControL 

25 Board,. and the Commissioner of Patents, may separately 

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REF ID:At648478 .._,. 

i - issue such rules and regulations as may be necessary and 

2 proper to ·enable the respective department or agency to 

3 carry out the provisi011s of this Act, and in addition are 

4 authorized, under such rules and regulations as each may 

5 prescribe, to delegate and provide for the redelegation within 

6 their respective departments or agencies of a1iy power or 

7 authority conferred by this Act to· such responsible officers, 

8 boards, agents, or persons as each may designate or appoint. 

9 "SEC. 10. If any provision of this Act or of any sec10 tion hereof or the application of such provision to any 

11 person or circumstmrne shall be held invalid, the remainder 

12 of the Act and of such section and application of such 

13 prov1s10n to persons or circumstances other than those as 

14 to ·which it is held ·invalid shall not be affected thereby. 

15 "SEC. 11. Any order of secrecy he):etofore issued, and 

16 subsisting on the date of the approval of this Act, shall be 

17 considered as an order issued pursuant to this Act and shall 

18 continue in force and effect for a period of one year from 

19 the effective date of this Act unless sooner rescinded as 

20 provided herein: P1,ovided, That any claim arising under 

21 the. Act of which this Act is amendatory and unsettled as 

22 of the effective date of this Act, the provisions of any other 

23 !Act or Acts to the cdnti'ary notwithstanding, may be 

24 presented and determined pursuant to the provisions of 

25 section 3 hereof. 
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SOTHCONGRESS H R 4420 . lST SESSION 0 Cl 

A BILL 

To amend the Act relating to preventing the 

publication of inventions in the national interest, and for other purposes. -

By Mr. MrnHENEH 

JULY 2G, 1947 

Heferred to the .Committee ou the Judiciary 

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