PATENTS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP58-00453R000300010050-7
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 3
• Document Creation Date: December 20, 2016
• Document Release Date: January 11, 2001
• Sequence Number: 50
• Publication Date: May 8, 1951
• Content Type: MF

Approved For Releas 067/03/SECIELP58-00453R000300010050-7
1/4410 $410
OGC HAS REVIEWED.
KIWORANDUM FO ThE FILES
8UBJECTi Patents
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itog
and the undersigned today met Mr. Archie
irman of the Government Patents Board, to discuss certain
for implementation of Executive Order 10096,
2. As a result of the meeting of the CIA Patents Board, at
!vas present, the question of oreenized Govern-
*JO-
25X1A meet aseistance to inventors was raised. Since most inventors are
men of idere and not necessarily application, it is apparent teat
considerable i vontion is probably lost to the Government simply
because adeieete development facilities are not available. Dr.
Palmer confirmed our suspicions that there were no central sources
of funds or facilities for development Of invention, and suggested
that the only poesible solution at the present time was recourse to
the particular eeency interested. He suggested, among others, the
Bureau of Standards end the Office of Naval :lesesreh. In return for
Government assistance, he felt that the least the Government should
reoeive 'would be royalty-free license in the invention (presumably,
of course, with power to grant licenses for all governmentel purposes
1, A number of eueetions were raised in the CIA meeting and re
tarred to Dr Palmer whose answers were generally as f?llowst
S. what interim protection is provided the inventor pending
decisions of the egency in regard to the existence of invention
and the degree of governmental interest Rad ownership?
Since the employee in required by 711xecutive Order 10096
to report invention, he is on notice and under a relationship
eomehat anelogene to that of master and servant) he must depend
upon a governmental determination of is rights. (It is self-
idO. that, prior to disclosurete the Board, he ern protect
himecee by working journals, diaries end records of invention')
b* Should the agency decinions required by the executive
Order 10096 normally be made prior to filine of an application?
lit, thia is the anticipated procedure, but the filing
should not be delayed pending the agency decision if it is not
immedi-tely forthcoming.
** Can part-time consultants be excepted from the restrictions
of Executive Order 10096?
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SEMI war weff.
Us, this can be achieved by npplication to the Chairman
of the Corarnment Patenta leard who ci.o zrant such exception under
40) of AdminIttrative r..rder 'Po. 5, of the Government Patents
Seard? doted 26 Ppril 1951. This is rcognition of the difficulties
of recruitment if tbs rnecutive Order were strictly applied in
a somewhat confiscatory fashion. Uowever, Dr. Palmer did indicate
that hi r exception would be confined to conoulttnts hired for a
period of less than 90 days.
d. What police action will nk , if inventors fail to
report under the Zxecutive Order?
Dr. Palmer nade it quite clear that the ?government Patents
lloard would not do any policinz and that this problem was one for
.ageney action. fie did feel that, as long; as the employees ;,..vre
on notice of the existence of the Ezecutive Orde...4 their rinhts
conid be fully prot:!oted only bya report of invention ;:n1 a final
dotermilation r' do in Eccor&nee with t!...e Aaminstra -
Order ro. 5 of the Government Patents BOard
Xe the factor of security taken into consideration in the
procedures of the Covornment atents Board?
The answer hers is very Oefinitely "yes." ',Core reports
are required by Administrative Order No. 5, and a security rector
is present, specific information wi11 not be necessary and the
ease will be referred to only by number. The ,crious reports
requirA by the Government13.141-Ante Board are all subject to co:-
aide-ration of the national securiV by express ,:efinition andl?
thiLs Dr, Palmer himselr is elearedy ho does not wish to see the
disclosure of any invention which the agency feels should be classi.
nod. :Pirclosures of this te would be marked n5ecret" and sealed
in the ttloa of the Government Patents Board. TIleru are three cate-
gories or invention in addition to the one whiJi is denied to all.
Mese are the ones
1. Open to the public.
2. Open to the Oovornnent.
3, Open only to olseci led employs of the
Governments
In this reapoct there is some control inthe Patent office it-
self by application v:,* e "Secrecy orcLr. :hi is protection
when the applicatiao is filed subject to such on ord-,ra and is the
diaclosure warranta co;plete concealment then it would be best to
Contain it within the agency, place it under seal with the Oovern-
mon% Patents Board# and prohibit disclosure bw- the Inventor.
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dependent ttrztrs
ecutive Order?
Neer' 'var.'
attic,
No, they i1g excluded l'ron the phr*abg of Section.
6(o) of the Govern.
t Patents Board Administrative 3rder Ho. 5.
gip There is ooma doubt of the waceasi7 for Ivrovol by the
Chairman o' the Government Patents 3oard in paragraph 4. 068-0g
when the entire r!,ch?,, title cnd interest In the ihvfntion
left in the emp1oy/3e, Dr. Palmer conaidore this qualified by
Section 6(0 rnd pz,rsgmph Lt.Ce600 do require the approva of
the Chairman.
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As a resilltof icuston today with Mr. Snydez of OM, he idil provide
$ smooth copy othe Armed Services Regulations iTploraentine ?dmliiistrative
Order No.5 bn final agreement is reached between. Army, Navy and Air Force.
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