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80TH CONGRESS 

lsr SESSION 

REF ID :A41.477 ..... 

s. 1726 

IN THE SENATE OF THE UNITED STATES 

.JULY 25 (legislative day, JULY 16), 1947, 

)fr. GCRNEY (by request) inh:~dnced the followjng bill; which ~~s read t~ice 

and referred to the Committee on the Judiciary 

A BILL 

'I\) amend the Act relating to preventiug the publication of 

inventions in the national interest, and ~or other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States .of America in Congress assembled, 

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

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

5 thereof, are further amended to read as follows: 

6 · "Whenever publication or disclosure by the grant of 

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

8 property interest might, in the opinion of the head of the. 

9 interested Government agency, be detrimental to the 

10 national security, the· Commissioner of Patents upon being 

11 so notified shall order that such invention be kept secret 
REF ID:A414fllf77 

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1 and shall withhold the grant of a patent therefor under 

2 the conditions set forth hereinbelow. 

3 "Whenever the publication or disclosure of an invention 

4 by the granting of a patent, within categories prescribed by the 

5 National Munitions Control Board and in which the Govern6 ment does not have a property interest, might, in the opinion 

7 of the Commissioner of Patents, be detrimental to the national 

_ 8. s_ecμrity,_ he shall 'rna.ke the application for patent in which 

-9 such invention is disclosed available for insp~ction to the 

10 Secrrtary of War, the Secretary of the Navy, and the chief 

11 officer of any other department or agency of the Govern12 ment designated by the President as a defense agency of 

13 ·the· United States. If in the opinion of the Secretary of 

14 War, the Secretary of the Navy, or the chief officer of such 

15 other department or agency so designated, the publication 

16 or discl~sure of such invention by the granting of a patent 

17 therefor would be detrimental to the national security, the 

18 Secretary of War, the Secretary of the Navy, or such other 

19 chief officer shall notify the Commissioner of Patents to tP.at 

20 effect, and the Commissioner of Patents, upon being so 

21. -- ··-. ·- ~ot~fied, shall order that such invention be kept secret and 

22 shall withhold the grant of a patent therefor for such period 

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23.. or periods as the national interests requires: Provided, Th~t . . .. . . . . . 

:24 th~ owner of a. patent application which has been placed . : . . . . ~ .. ~. :_ ... . . 

25 - u-~d~r-. a secrecy order shall have a right to appeal to the 
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1 National Munitions Control Board from 8uch order: Pr.'o2 vided fm·the1·, That no invention shaU be ordered kept :secret 

3 and the grant of a patent withheld for a period of more than. 

4 one year: Prnvided f'u1·ther, That the Commissioner ·of 

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5 ·Patents shall renew any such order at the end thereof, tir 

at the end of any renewal period, for additi~nal. periods ·()f · 

one year· upon notificn:tion by the head of the department 

or the chief officer of the agency who caused ·the order to , 

be issued that an ~ffirmative determination ha~ b~en mad:e 

that the national interest continues so to require, excepting[ 

however; .that any such order in effect, or ·issued, durin;i~ . 

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a time when the United States is- at war~ shall be and'· 

remain in effect for the duration of the war unless soonJi-'~ 

specifically rescinded: Prov·ided fu1'ther, 'That· the Commis~· 

sioner ·of Patents is authorized to rescinc1,·a:n_y order :upoi{ · 

notification by the heads of all depaitments and the'~:chi~f 

officers of all agencies who caused the' orciei: 'to be issu~tf 

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that the publication ·or disdosure of the invention ·is rio · 

longer deemed to be detrimental to the national security. 

"SEc. 2. T~rn invention .disclosed in an application fOi" 

patent subject to an order made pursuant to section 1 he~·eJi'. 

shall be held abandoned upon its being established befm~e '. 

or by the Commissioner Of Patents that in ~riolation ·.of s~.ia·: 

order said invent.ion has been, published or disclos~d. or thdt'-: 

25 an. application for a patent .therefor 'has been. filed m a 

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.1: ;foteign · cmtntry by the inventor, his successors, assigns, or· 

... 2 . .l,13gal representatives, or anyone in ·privity -\vi th hil,11 or then'!, 

3 , without. the consent or approval of the Cori1missioner of 

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. 4 .P~1tent~., n..nd such a:Jmndonrnent shall be held .to hm7e 

.. 5 '·occmTed as of the time of such violation: P1·ovfrled, rrhat in 

6 .~l(?> case. shall the consent or approval of the Cornmissioner 

7 . of Patents. b~ given wi.thont the conciuTence 'of the heads 

8 'of' an departments and the chief officers of all agencies who 

~ . caused: the orde·r to be issue'cl: P1'0virled /nrthm·, That any ' 

· 10 . such h<;>lding of abandonment shall constitute .forfeiture by 

11 the ~i,pplicant, his snccessors, assigns, or legal representatives, 

12 or anyone in privity 'vi th him or tbem1 -of all claims agains't 

13 . the U pited .St!ltes based upon such i1~vention. 

l4 . . "SEc. 3. Any applicant, his snccesstfrs, assigns, or legal 

1~.' i;ep1:es.ent~tives, whose patent is withheld as herei11. pro,'.icled, 

1~· sha.l~, if the order of the Commissioner of Patents above 

rr ... refe.n:e~l to shall have been faithfully obeyed, have the right, 

18. within one vear from the date the npplicnnt is notified that, . . .. , . 

19 ~xcept for such order, his application is otherwise in condition 

20 ... f~r allowance, or the effective elate of this Act~ 'vhichever is· 

2l_ -Ja~er, to apply for compensation based upon the u~e, if any,· 

, 22. ·of, the invention by the Governn;ent, such i·ight to compen23 .. sat.ion to begin from the date of the.use of the invention by- . . I , ' . ' 

271 the, Government .. The head of any department or agency· 

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1 -who caused the or4er to be issued is authorized, if .any ·such I 

2 elaim is presented within the periods _above specified, to 

3 enter into an agreement with' said applicant, his successors, 

4 assigns, or legal representatives, in full settlement and .com5 promise for such use, if any, and any such settlement agree~ 

6 rnent entered into shall be final, and ~JOnclusive for all pw:-

7 I_Joses, notwithstanding any other provision of la~ 'to tlfe \ 

8 contrary. If foll compromise and settlement of ariy- such 

9 Claim cannot be effected,. the head of any department oi· 

10 agency vd10 caused the order to issued may, in his'. discretioil; 

11 administratively award and pay to- such :applicant, his succes-: 

12 sors, assigns, or legal. nipresentatives, _a sum not exceeding 

13 7 5 pe-r ·centum of the· maximum sum, if any, which in the 

14 opiniow of the head of ·such department or agency -would. 

15 constitute fair and just compensation for· such use, if any. 

16 \Vithin two years after issuance of the patent, ~my cl~imailt 

17 who fails to secure an _a:ward _satisfoctoiy to him shall have 

18 the right to bring suit against the United States in the Cotfrt 

19 of Claims for such amount which, when added to ;such a:ward; 

20 if _any, shall' constitute fai,r.ai~d jt1st compensation for the use, 

21 if any, of the invention by th_e ·G9vern:qient: JJ_rovided, That. 

22 in any such suit, and in any neg9tiation,s looking_ towm:d settle.:. 

23 rnent and compromise of any suoh claim, tl~e Unite_d States 

24 may avail itself of any and all _defenses that :may b<;i_ vleaded 

S.1726-_ 2 
REF ID:A414tf77 

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1. by it in· an action. under.:the Act of June .25, 1910, as 

2 amended (35 u. s. 0. 68). 

3 "SEC. 4. No person shall file or cause or authorize to 

. 4 ; be filed in any foreign country an application for patent or 

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5 for the. registration of a utility model, industrial design, or 

·6 model iri respect Qf ·any invention made in the.United States 

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7 prior to ninety days after filing in the U nit~d States an 

's application covering such iiwention except when authorized 

9 in each case by a license obtained from the Commissioner 

10 of Patents ·under such rules and regulations as he. shall 

11 prescribe: Provided, That no such license shall be granted 

12 with respect to any inventioff which is the subject matter 

13 of a subsisting order issued by the Commissioner of Patents 

14 · ·pursuant to section 1 hereof without the concurrence of the. 

15 heads, of all departments or the chief officers of all agencies 

16' . who caused the order' to be issued. 

17 · "SEC. 5. Notwithstanding ·the prov1s10ns of sections · 

18 4886 and 4887, of the Revised Statutes (35 U. S. 6.~ secs. 

19 31 and 32) , any person and the st1ccessors, assigns, ·or 

20 legal representatives of any such person, shall be debarred 

21 from·· receiving ·a, United States ·patent for ·an invention ~if 

22 such person, 61; .such successors, assigns, or legal . repi·e.;. 

23 senta#ves shall, . without procuring the 'authorization· p1~e.:. 

24 ·sciibed in "sectlon-4 hei:eof, ha:\'e··made,' 'or consented to 'or 

25 assisted another's making, application. in· a fo1;eign-~eountry \ 

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1 for a patent or for the registration of a utility m'odel, 

2 indust~·ial. design, or model in respect of such invention ·where 

3 authorization for such application is required by the -pro- - .\ 

· 4 visions· of section 4 hereof, and any such United States 

5 patent actually issued to any such person, his succes.sors, 

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6 assigns, or legal repr~sentatives so debarr~d or becoming · 

7 debarred shall he invalid.· 

8 '"SEC. 6. ·Whoever) dtlring· the period or peifods of time 

9 an· invention has been ordei·e9. to. be kept secret· and the 

10 grant of a patent thereon withheld' pursuant to section· 1 

11 hereof, shall, with knowledge 'of such· order and without 

12 due authorization, willfully publish or disclose ·or authorize 

13 or cause to he published or disclosed stich invention, or. aii)r 

14 material in(ormation with respect thereto~ or whoever, :in· 

15 violation of the provisions of section 4 .h~i·eof, shall file ·or 

16 cause or authorize to be filed ·in ·any foreig~ coimtry an ap17 plication for patent or ,for the 'registration of' a utility ri10del, 

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18 industrial design, or model in i"espect of any invention made 

19 iri the United States, shall, upon conviction,· he fined not 

· 20 1hore than '$10,000 or .imprisoned ·f01; not more than two 

21 years, or both. '.' 

22 "SEC. ·7. A's used ill: this Act-· ' 

23 "The term 'person' includes ·any· individual,.· trustee, 

~4 . corporation~ ' partnership, '. assocfaticiri, firm, or any'• ·other 

25 combination of individuals. 
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1 "The term 'application' includes applications, and any 

2 modifications, amendments, or supplements. thereto, or con3 ti.nuances thereof. 

4 ''The term 'use' includes 'manufacture, sale, or other 

5 disposition of the invention by the Government, or for the 

6 Government with its authorization or consent. 

7 "Inventions, disclosure of which is detrimental -to 

8 uational security, shall include but shall not be limited -to 

9 inventions, relating to (a) arms, ammunition, and imple10 ments of war; (b) which can be applied only in the 

11 · manufacture or use of arms, ammunition, or implements 

12 of war; ( c) inventions coincident with or closely allied to 

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13 classified federally financed research for national-security 

14 purposes; ( d) ·inventions closely related to classified infor15 mat.ion relating to national security in the possessioii of 

16 national-defense agencies; and ( e) inventions embodying a 

17 fundamental advance in technology which would drastically 

18 increase the . military potential of foreign· countries. 

19 "SEC. 8. The prohibitions and penalties of this Act . 

20 shall not apply to any officer or agent of the United States · 

21 acting within the scope of his authority. 

22 "SEC. 9. The Secretary of War, the Secretary of the 

23 Navy, the chief officer of any :other department or agency 

·24" of the Government designated by.the President as a defense 
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REF ID:A411fr177 ..... 

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l agency. of. the· U1iited· St~tes·,"the National J\itmitions i<0ontrol 

.2 . Bori:rd,. a1id, the Gommissioner .. :of ·:l?atents;, may !separately 

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' issue such rules and regulations a~ may" be ne'cessaiy: and 

proper to enable the respective department or agency to 

carry out the provisions of this Act, and in addition are 

authorized, under· such rules and- regulations as each may 

prescribe, to delegate and provide for the r0delegation 

within their respective departments or agencies of any power 

or authority conferred by this Act to such responsible officers, . . 

bonnls, agents, or persons as each may designate or appoint. 

"SEC. 10. If any provision of this Act or of any· section 

hereof or the ~pplication of such provision to any person or 

circumstance sha.11 be held invalid, the J:emainder of the Act 

and of sqch section and application of such provision to 

persons or circtm1stances other than those as to which it is 

16 held invalid shall not be affected thereby. 

17 "SEC. 11. Any order of secrecy heretofore issued, and 

18 subsisting op the date of the approval of this Act, shall be · 

19 considered as an order issued pursuant to this Act and shall · 

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

21 the effective date of this Act unless sooner rescinded as 

22 provided herein: .Provided, 'l1hat any claim arising under 

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23 ·the Act of which this Act is amendatory and ml.settled as 

24 of the effective date of this Act, the provisions of any other 
REF ID:A414.77 

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:.1 .:ACt :or Acts· to the contrary notwithstandmg, may be pre-

-2- sented and determined pursuant to the provisions. of section 

·3 3 hereof. 

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BOTH CONGRESS 

lBT SESSION So 1726 

A BILL 

To amend the Act relating to preventing the 

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

By Mr. GunNiff 

JuLY 25 (legislative day, ,JULY 16), 1947 

Re11d twice and referrnd to the Committee on the 

Jndiciat·y . 

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