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It is importat to provede k outledge of such Inrentions brin disclosed durins limes of peace as well as tires ol war.

Mr. Paul A. Rose testified before the Subcommittee on Palenta on August 31, 1951. on behall of the American Pacent law .Issociation:

"in view of the importance of technolngical orclipirnt. in morn warsare and the acccssity of paintaining a superior ilitiny pallina AC all times under conditions as they exist in the xorld tortas. ic rust be recognized that legislation of this character is necessary, regardless of the technical existence or conexistence of a state of war.".

Testiinony by defense officials on this and similar bills before the ConTess has indicated that we are in need of such a law. This bill vill graat to the Government a permanent right which is possessed by many foreign countries la dealing with their patents.

Lt. Col. Willard J. Hodges. Jr., testified before the Subcommittce on Patents on August 21, 1951, that, "It is believed essential that there exist in this country lasts which rill permit a foreign laventor to file an application in the United States Patent Office and have such application placed under an order of secrecs. :In order to fulfill this Nation's treaty obligations and reap the full benefits of such joint undertakings, the enactment of this legislation is required."

Although this may prerent a persod who first applies for a patent in the United States from availing himseit of the 12-month priority period alCorded by article 4 of the International Convention for the Protection of Industrial Property with respect to inventioas kept secret under the order of the Secretary of Coomercs, the executive department favors this bill because of its importance to national deleuse 2nd because the bill is believed to attain its objective ia a reasonable maager. Further. more, it' the bilateral agreeireats which the country is presently erecuting tilb the North Atlantic Treaty countries are consummated, it is anticipated that classified information will be ailorded the same degree of security lo cer-ain other countries 35. we propose for this country in this bill Accordingly. 25 a practical matter, the inventor will probably be permitted in most instances to ila an application in those. countries to ärail himselt of the 12-month priority period despite the secret aature of the invention.

Basically, the bill does not make changes in existing lat tith respect to its administration. Since the passage of Public Law 700, it tas been administered in close cooperation with the defecse agencies. The exaciners of the Patent Osce submit applications to the Patent Ece De fease Division to determine whether they disclose inventions ira portant to desease, and the Secretary of Delense has appoiated a Patent Advisory Board to consult with the Dirision and assist in the determination of the applications which should be maintained la secrecy. If enacted, the Defense Department would continue to have access to pending patent applications selected by the Secretary of Conmerce which is his discretion would be detrimental to the pational security i disclosed.

PATENT DISCLOSURE

HEARINGS

BEFORE
SUBCOMMITTEE NO. 4
COMMITTEE ON THE JUDICIARY
HOUSE OF REPRESENTATIVES

EIGHTY-FIRST CONGRESS

SECOND SESSION

ON

H.R. 6389 TO AMEND TIIE ACT RELATING TO PREVENTING TUIS PUBLI. CATION OF INVENTIONS IN THE NATIONAL INTEREST, AND

FOR OTHER PURPOSES

MAY 10, 1050

Serial No. 24

Printed for the use of the Committee on the Judiciary

0.8. GOVERNMENT PRINTING OFFICE

WASHINGTON : 1968

18-413

JUDICIARY COMMITTEE

EMANUEL CELLER, New York, Chairman
FRANCIS E. WALTER, Pennsylvania EARL C, MICHIENER, Michigan
SAM JIORDS, California

CJLAUNCEY W. REED, Ininois
WILLIAM T. BYRNE, New York

LOUIS E. GRAHAM, Pennsylvania JOSEPI R. BRYSOX, South Carolina

FRANK FELLOW 8, Maino TIIOMAS J. LANE, Massachusetts

JOIIN JENNINOS, JR., Tennesseo MARTIN GORSKI, Illinois

CLIFFORD P. CASE, New Jersey MICHAEL A. FEIOITAN, Ohio

KENNETH B. KEATINO, New York FRASK L. CHIELF, Kentucky

WILLIAN M. MCCULLOCN, Ohio ED GOSSETT, Teras

J. CALEB BOOO8, Dolaware J, FRANK WILSON, Texas

ANGIER L. GOODWIN, Massachusetts ROBERT L. RAMSAY, West Virginia DIXIE OILMER, Oklahoma BOYD TACKETT, Arkansas EDWIN E. WILLIS, Louisiana WIXFIELD K. DENTON, Indiana JAMES B. FRAZIER, JR., Tennessee

BESS ENTRAT Dick, Chief Clerk

SUBCOMMITTEE Yo. 4

JOSEPT R. BRYSON, South Carolina, Chairman ROBERT L. RAMSAY, West Virginia J. CALEB BOGOS, Delaware BOYD TÁCKETT, Arkansas

ANOIER L. GOODWIN, Massachusetta EDWIN E. WILLIS, Louisiana

O. MURRAT BERNHARDT, Subcommitter Counsel

CONTENTS

Page

1

Text of H.R. 6389.
Statement of American Patent Law Association.
Statement of Patent Law Association of Chicago.
Statement of Aircraft Industrics Associntion of America, Inc.--
Statement of Capt. George N. Robillard, Assistant Chic for Patents and

Patent Counsel for the Navy Department, Department of Defense...

****

12

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PATENT DISCLOSURE

WEDNESDAY, MAY 10, 1950
House or REPRESENTATIVES,

SUBCOMMITTEE No. 4 OF THE
COMMITTEE ON THE JUDICIARY,

Il'ashington, D.C. The subcommittee met, nt 10 a.m., pursurnt to notice, in room 345-A, House Ollice Building, Hon. Joseph R. Bryson (chairinan) presiding, for consideration of H.R. 6389, which is as follows:

(II. R. 6380, 81st Conk., Ist sess.) A BILL To amend tho Act relating to proventing the publication of inventions in the national Interest

and for other purposes Be i cnarled by the Senate and House of Represcnlatives of the United Stales of America in Congress assembled, That the Act of Congress approved October 6, 1917 (-10 Stat. 394, ch.995; 35 U.S.C. 42), and Acts aincndatory thereof, are further amended to read as follows:

"Whenever publication or disclosure by the grant of a patent on an invention in which the Government has a property interest might, in the opinion of the head of the interested Government agency, be detrimental to the national security, the Commissioner of Patents upon being so notifical shall order that such invention be kept secret and shall withhold the grant of a patent therrfor under the conditions sot forth hercinbelow.

"Whenever the publication or disclosure of an invention by the granting of a patent, within categorics prescribed by the President and in which the livrerne ment (tocs not have a property interest, might, in the opinion of the Commissioner of Patents, be detrimental to the national security, he shall make the application for patent in which such invention is (lisclosed available for inspection to the Atomic Energy Commission, the Secretary of the Army, the Secretary of the Navy, the Secretary of the Air l'orce, and the chief officer of any other departo ment or agency of the Government'designateel hy the President ils i defense agency of the United States. Il in the opinion of thi: Atomic Energy Commission, the Secretary of the Army, the Secretary of the Navy, the Secretary of the Air l'orce, or the chief officer of such other department or agency so designatel, the publication or disclosure of such invention by the granting of a patint therefor would be detrimental to the national security, the Atomic Energy Commission, the Seeretary of the Army, the Secrrtary of the Navy, the Secretary of the Air Force, or such other chief oflicer shall notify the Commissioner of Parents to that effect, and the Commissioner of latents, upon bring so notificil, shall order that such invention be kept secret and shall withhold the grant of it patent thorofor for such period -or prriols in the national interest requires: Proridiel, That the owner of it patent application which has been placed indler a secrecy oriler shall have a right to appeal from such oriler to such any unul imeler such rules :ls my lx prescribed by the l'risident: Proridrul further, That no invention xiiall Ix Cordlereel kept secret and the gr:unt of : patent withlonbil for :1 priori of more than one year: Proridri surlher, That the Commissioner of Patents shall renry :uy sucli oreler at the rich thereof, or it. the one of my renewal perioil, for suditional periurls of our your upon notification by the heart of the department or the chief ollicer of the genry who caused the oriler to be issue that :111 at flirmative determination has been in:cle that the national interest rontinin 2010 requirr, excepting, however, that any such order in elect, or issues, curing a time when ihr United States is at war, shall be and remain in offect for the duration of the war unless sooner specifically rescinded: Ind proridhil further, That the Commission.com

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