LEGISLATIVE HISTORY It is importaat to prevent Roowledge of such Inventions being disclosed during times of peace as well as times of war. Mr. Paul A. Rose testified before the Subcommittee on Patenta on August 21. 1951, on behalf of the American Patent Law Association: "In view of the importance of technological development in mejora warfare and the accessity of maintaining a superior military position at all times under conditious as they exist in the world today, it must be recognized that legislation of this character is necessary, regardless of the technical existence or conexistence of a state of war.' Testimony by defense officials on this and similar bills before the Congress has indicated that we are in need of such a law. This bill will grant to the Government a permanent right which is possessed by many foreign countries in dealing with their patents. Lt. Col. Willard J. Hodges. Jr., testified before the Subcommittee on Patents on August 21, 1951, that "It is believed essential that there exist in this country laws which will permit a foreign laventor to file an application in the United States Patent Office and have such application placed under an order of secrecy. 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 prevent a person who first applies for a patent in the United States from availing himself of the 12-month priority period afforded by article 4 of the International Convention for the Protection of Industrial Property with respect to inventions kept secret under the order of the Secretary of Commerce, the executive department favors this bill because of its importance to national defense and because the bill is believed to attain its objective in a reasonable manner. Furthermore, if the bilateral agreements which the country is presently executing with the North Atlantic Treaty countries are consummated, it is anticipated that classified information will be afforded the same degree of security la certain other countries as we propose for this country in this bill Accordingly, as a practical matter, the inventor will probably be permitted in most instances to file an application in thosecountries to avail himself of the 12-month priority period despite the secret nature of the invention. Basically, the bill does not make changes in existing law with respect to its administration. Since the passage of Public Law 700, it has been administered in close cooperation with the defense agencies. The exac iners of the Patent 0ce submit applications to the Patent Oce Defense Division to determine whether they disclose inventions iraportant to defense, and the Secretary of Defense has appointed a Patent Advisory Board to consult with the Division and assist in the determination of the applications which should be maintained In secrecy. If enacted, the Defense Department would continue to have access to pending patent applications selected by the Secretary of Commerce which is his discretion would be detrimental to the national security if disclosed. PATENT DISCLOSURE HEARINGS BEFORE SUBCOMMITTEE NO. 4 COMMITTEE ON THE JUDICIARY EIGHTY-FIRST CONGRESS SECOND SESSION ON H.R. 6389 TO AMEND THE ACT RELATING TO PREVENTING THE PUBLI CATION OF INVENTIONS IN THE NATIONAL INTEREST, AND FOR OTHER PURPOSES 48-413 MAY 10, 1950 Serial No. 24 Printed for the use of the Committee on the Judiciary U.S. GOVERNMENT PRINTING OFFICE WASHINGTON: 1905 CONTENTS Text of H.R. 6389.. Statement of American Patent Law Association. Page 1 4 Statement of Patent Law Association of Chicago. 12 PATENT DISCLOSURE WEDNESDAY, MAY 10, 1950 HOUSE OF REPRESENTATIVES, The subcommittee met, at 10 a.m., pursuant to notice, in room 345-A, House Office Building, Hon. Joseph R. Bryson (chairman) presiding, for consideration of H. R. 6389, which is as follows: [II. R. 6389, 81st Cong., 1st sess.] A BILL To amend the Act relating to proventing the publication of inventions in the national interest and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress 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: "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 notified shall order that such invention be kept secret and shall withhold the grant of a patent therefor under the conditions set forth hereinbelow. "Whenever the publication or disclosure of an invention by the granting of a patent, within categories prescribed by the President and in which the Govern ment does 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 disclosed available for inspection to the Atomic Energy Commission, the Secretary of the Army, the Secretary of the Navy, the Secretary of the Air Force, and the chief officer of any other department or agency of the Government designated by the President as a defense agency of the United States. If in the opinion of the Atomic Energy Commission, the Secretary of the Army, the Secretary of the Navy, the Secretary of the Air Force, or the chief officer of such other department or agency so designated, the publication or disclosure of such invention by the granting of a patent therefor would be detrimental to the national security, the Atomic Energy Commission, the Secretary of the Army, the Secretary of the Navy, the Secretary of the Air Force, or such other chief officer shall notify the Commissioner of Patents to that effect, and the Commissioner of Patents, upon being so notified, shall order that such invention be kept secret and shall withhold the grant of a patent therefor for such period or periods as the national interest requires: Provided, That the owner of a patent application which has been placed under a secrecy order shall have a right to appeal from such order to such agency and under such rules as may be prescribed by the President; Provided further, That no invention shall be ordered kept secret and the grant of a patent withheld for a period of more than one year: Provided further, That the Commissioner of Patents shall renew any such order at the end thereof, or at the end of any renewal period, for additional periods of one year upon notification by the head of the department or the chief ollicer of the agency who caused the order to be issued that an affirmative determination has been made that the national interest continues so to require, excepting, however, that any such order in effect, or issued, during a time when the United States is at war, shall be and remain in effect for the duration of the war unless sooner specifically rescinded: And provided further, That the Commissioner |