NOTE FROM LIBRARIAN, OGC

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP96B01172R000100070002-3
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 16
• Document Creation Date: December 12, 2016
• Document Release Date: December 17, 2001
• Sequence Number: 2
• Content Type: NOTES

Approved For Release 2002/ H~,~Aa1172R00010007000
I have sent you a copy of EO 10104 which is
still in force. It has not been amended or
changed. I checked this with the Federal Register
people to be sure. EO 10104 is not related to
501 which I have not sent. EO 10501 was
superceded by 11652 which you have.
I have also sent the regulations from the Code of
Federal Regulations that relate to the secrecy of
inventions. Basically the CFR outlines the pro-
cedures that must be followed when dealing with
secret patents. The law itself is set out at
35 USC 181 et seq. a copy of which is attached.
If this does not answer your questions please
phone. I
Librarian,OGC
Approved For Release 2002/05/31 : CIA-RDP96B01172R00010007000~
 E. 0. 10104 . ; Title 3-The President
and by section 1753 of the Revised Stat-
utes of the United States, and as Presi-
dent of the /United States, it is ordered
that Executive Order No. 9721 of May
10, 1946, authorizing the transfer, under
certain conditions, of civilian employees
in the Executive branch of the Federal
Government to public international or-
ganizations in which the United States
Government participates, be, and it is
hereby, amended in the following re-
spects:
1. Section 1 is amended, effective as of
May 10, 1946, by adding at the end there-
of the following sentence:
"Any employee so transferred shall,
for a period not to exceed three years
from the date of transfer and while em-
ployed by the said international organ-
ization, be considered as being on leave
of absence from his employment by the
Federal Government: Provided, that the
employee is subsequently reemployed by
the Federal Government in accordance
with section 3 of this order." ,
? 2. Section 2, which by its terms be-
came inoperative on May 10, 1949, is re-
vived and amended, effective as of that
date, to read as follows: -
"Any employee serving under a war-
service indefinite appointment who is
transferred to a public international or-
ganization pursuant to this order and,
while serving in such organization and
within three years from the date of such
transfer, is either reached in. regular
order for probational appointment from
a civil-service register appropriate for
filling the position in which he was serv-
ing or could, with the approval of the
head of such agency, have been given a
with hehiFederal cGovernment^froIn the
1949.
ireoruary 1, 1950. 1.11,
EXECUTIVE ORDER 10104
NAVAL INSTALLATIONS AND EQUIP, g
As REQIIIRINO PROTECTION AGAINST T ;
TION RELATIVE THERETO _ , ,;,..-y
"(a) Whenever; in the interests..ok'na
tional defense, the President defines certain
4
vital military and naval instaiiatiori s -. or-
equipment as. requiring protection agalnjt ;
the
eneral a,.._--
-- -
t -
g
roan
_
ative thereto,. it shall be unlawful to me, e^ia
any
hoto.r,
h _,__t_~ _ _
p
ap
map, or graphical representation of , such:
vital military and n
l
ava
slon of the commanding officer of the laliltr ry
or naval host
-- -`-..
camp
cerned, or higher authority, and rorra tl a E
submitting the
rod
- _,_ ' p. p g"
p
uct
g officer or nigher autiiority,-for..'?
censorship or such other action as he, may' ?
dee
m necessary. ~
"(b) Whoever violates this. section 8ha1i
be fined not more than $1,000 or imprisoned
not more than one year. nr hots.
AND WHEREAS section 797 of tit)e..).6i
competitive status under Civil Service "on and liter thirty days from the date
- -"&&ary or naval installation or a ui
tion in which he last served
in
a Federal meat as being within the cate
t
m
gory con
e
agency, shall be considered as having plated under section 795 of this . title;
acquired a ..
p
t
t
e
.. . whoever
o
e
i
iv
stat
re
ployee transferred to a "-j, or naval installations or
public interne- equipment so defined, without first obtainJng
tinnal organization
urs
a
t t
-_d__
h
thi
p
u
n
o
s
of
who was serving in such organization on military or naval post, camp, or station con-^~ '`1z
G..~t-~L__ ae ?e,e ___ ? ? _ Cer?ed or hi
h
_ _?_a~__.._ _ . I'
g
e
tinuously therein from the date of his i+uvws pa, exetcs, picture, drawing, di.-
or graphical representation has clearly indi--A
transfer shall be nnnsidprxt sn for .tea a-t.,., .
ca wccaa eeheoren .o~".j,^.;;
En e' ou~tiive Order No. 10080 of /September the$ roper military or naval authority, shall
949, in
the 1eram nt h free mho hn is was dderal Gov a? NOW, T . +ORE, by virtue of the '
- ---+ r?.?..,~,..+1a, aura ui 4ne mieresw ,,,
3 CFR, 1949 Supp., p. 124... of national. defense. I hereby define th& u
 vice
the
30,
Chapter Ilk-Executive Orders
following as vital military and naval in- E. 0.10105
stallations or equipment requiring pro the Nom of the Amy' the Secretary of
tection against the general dissemination y, "tohe Secretary of the Air
of information relative thereto: Force as top secret". secret", "conch
1. All military. naval, or air-force fn- adsml1l' , m or ' aterialsrestricted", and all
stallations and equipment which naval, or air-h are now 'nay Jcles,, or such
stallion , designated, or marked under dhereafter n be so claspmedt which
desig_
the authority or at the direction of the at the direction of the President
President, the Secret approval or
Secretary of the e Armes of Defense, the 3. All ol$cia] military naval, or air-
the
air-
Se Navy, or the Secretary ec the of force books, pamphlets, documents, re-
ece as y, op secret", "secret", " Air pow, maps, charts, plans,
.Foc. or topsteiret and all confiden- models, drawings. Photographs, ~con'
naval, or air-force installations it na ary, marked r der the aut which ara now specificationj
equipment which may hereafter be so direction under
the
the President the Secretary
classified, designated, or marked with the of Defense, the Secretary of the y or Army
approval or at the direction of the Presi- the Secretary of the Navy, or the Se'
dent, and located within:
(a) Any military, naval, or air-force "tarY s et ,the Air Force as "top secret",
reservation, post, arsenal, proving `h articles s or or 'equipment "restrictedh
ground, range, mine field, cam and all such articuipment which
airfield, fort p' base, may rafter be so marked with the
. yard, station.. district, or area. or at the direction of the
President
(b) Any defensive sea area heretofore .
established by Executive order and not No. This order arpe 22 19 Executive Order
subsequently discontinued by Executive 8381 of March 22.1940,= entitled "De-.
order, and any defensive sea area here- Ong Certain Vital Militia
after established under authority of sec- Installations and Equipment hand Naval
tion 2152 of title 18 of the United States
Code.
HARRY S. TRVnzAN
(c) Any airspace reservation hereto- THE WHITE ruary
HOUSE
fore or hereafter established under au- February 1, 1950.
thority of section 4 of the Air Commerce
EA~NGECUTIVE ORDER 10105
?
Act 4) ~~ except the 7reser9vaUtion~esC-- C.
tablished by Executive Order No. 10092 GATE A Di5 Br BOA To IxvES-
of December 17, 1949.1 ETwERN THE DENVER
(d) Any naval harbor closed to for_ C Rro GRANDE WESTERN RAILROAD
eign vessels. ANY AND CERTAIN OF ITS EMPLOYEES
(e) Any area required for fleet pur- the D a dispute exists between
poses. ver and Rio Grande Western
(f) Any commercial establishment en- oRailil a Company, a carrier, and certain
gaged in the development or manufac.. Ployees represented by the
ture of classified military or naval arms, labor Brotherh d of Railroad Trainmen, a
munitions, -equipment, designs, 'ships, abo W$ ERE tion; and
aircraft, or vessels for the United States
Army, Navy, or-Air ]Force.. - tofore been a this dispute has not here-
2. All military, naval, or air-force of the Railway ted under the provisions
weapons, ammunition, bon Act, as amended;
vehicles, ships, vessels', and.
veni, manufacturing ips, instruments, en- WHEREAS this pate, in the
devices, or machinery, tools, anent of the Nationa Sudg_
in-
any other equipment what- threatens substantiall Interrupt ediaterr Board
soever, in the possession of the Army, terstate commerce to a d pt to
Navy, or Air Force or in the course of deprive a large section of e such as
experimentation, development, manu- essential transportation see ice: of
facture, or delivery for the Army, Navy, NOW, '_rH
or Air Force which are now classified, authorit sted in me by v ue o the
1 o
designated, or marked under the au- the y v me by sect n 10 of
Railway thority or at the direction of the Presi- U. Railway 1' aher Act, as amen d (4f
dent, the Secretary of Defense,. S. C. 1 hereby create a bo
the three members, to be appointed by in of
13 CPR, 1949 Supp? p. 131.
13 CPR, 19
1843 Cum. Sapp.
 ? 5.1-
PART 4--FORMS FOR TRADEMARK
CASES
CoDIFIcATIoN No=E: Part 4 is placed in a
separate grouping of parts pertaining to
trademarks. It appears on page 157 of this
volume.
PART 5-SECRECY OF CERTAIN IN-
VENTIONS AND LICENSES TO FILE
APPLICATIONS IN FOREIGN COUN-
TRIES
SECRECY ORDERS
5.1 Defense inspection of certain applica-
tions.
5.2 Secrecy order.
5.3 Prosecution of application under secre
cy order, withholding patent.
5.4 Petition for rescission of secrecy order.
5.5 Permit to disclose or modification of se-
crecy order.
5.6 General and group permits.
5.7 Compensation.
5.8 Appeal to Secretary.
LIcxxsrs FOR FOREIGN FILING
5.11 .- License for filing . application in for-
eign country.
5.12. Petition for license.:.
5.13 Petition for license; no corresponding
U.S. application.
5.14 Petition for license; corresponding
U.S. application.
5.15 Scope of license.
5.16 Effect of secrecy order.
5.17 Who may use license.
war.
5.19 Export of technical data.
GENUAL
cluding the conditions that: (a
taining subject matter the discre
specified in said section. Only app
spection will be made only by res
agency to review applications--
dated acknowledgment of
obtained. from the Inspection
ministration of 35 U.S.C. 18
available to such representativ
suring that the confidentiality of,,
scission of such order if one is
posed, and (b) no additional copies-
record of the removal and return
cations relating to atomic energy
made available to the Atomic Ene
Commission as specified in ? 1.14
[35 FR 16043, Oct. 13. 19701
cense.
5.22 Papers in English language.
5.23 Correspondence.
Auraoarri: 35 U.S.C. 6,181-187,188.
Souacs 24 FR 10381, Dec. 22, 1959, unl
? 5.1 Defense inspection of certain appli-
cations.
In accordance with the provisions of
35 U.S.C. 181, patent applications con-
the granting of a patent would be de
order that the invention be kept secret
will be issued by the Commissioner of
(b) The secrecy order is directed to
the applicant, his successors, any and
tatives; hereinafter designated as prin-
cipals.
(c) A copy of the secrecy order will
be forwarded- to each - principal of
a,opter I-patent and, Trcdei
rd in the applicati?n an
fco
ucompanied by a receipt, id
icular principal, to
the part
od returned.
(d) The secrecy order is du
67
ttie subject matter of the 2n
Where any other applicat
secrecy order has not be
discloses a significant part o
,ect matter of the applicati
secrecy order, the other a
u,d the common, subjec
should be called to the at
the patent and Tradema
Such a notice may include
ai such as would be urged in
to rescind secrecy orders o
the applications. '
15.3 prosecution of app)icati
ithholding p
crecY order; w
Unless specifically orde.
wise, action on the applica. prosecution, by
canoffice ill and during t
application is under secre
the point indicated. in this
(a) Applications under s
which come to a final rej
be appealed or otherwise p
avoid abandonment. App
cases must be completed
cant but unless otherwise
ordered by the Commissi
be set for hearing until
order is removed.
(b) An interference wi
Glared involving applicati
crecy order. However, if. a
under secrecy order copi
an issued patent, a notic
will be placed in the fil
the patent.
(c) When the applicati
be in condition for allo
for the secrecy order
and the agency which
crecy order to be issue
Pied. This notice (which
of allowance under ?
chapter) does not requi
the applicant and pl
tion in a condition is r
the secrecy order
the secrecy order is
Patent and Traden'i
issue a notice of al
?1.311 of this chapter
 ~,narks, and Copyrights
t matter the disclosure
.t be detrimental to the
ity are made available
by defense agencies as
d section. Only applica.
relating to national se.
plications within fields
he. Patent and Trade.
the defense agencies as
made available. The in.
made only by responsi.
ives authorized by the
few applications. Such
are required to sign a
edgment of access ac.
dition that Information
the inspection will be
pose other than the ad-
f 35 U.S.C. 181-188.
cations may be made
ch representatives for
ide the Patent and
ice under conditions as-
confidentiality of the
be maintained, nditions that: (a) All
eturned to the Patent
Office promptly if no
imposed, or upon re-
h order if one is Im-
o additional copies will
. e defense agencies. A
removal and return of
ailable for defense in-
e maintained by the
demark Office. Appli-
to .atomic energy are
to the Atomic Energy
specified in ? 1.14 of
er. .
ified by the chief offi-
e agency that publica-
e of the invention by
a patent would be det-
national security, an
vention be kept secret
y the Commissioner of
demarks.
cy order Is directed to
is successors, any and
d their legal represen-
fter designated as prin-
the secrecy order will
to each principal of
oapter l-Patent and Trademark Office
f- e rd in the application and will be
mpanied by a receipt, identifying
e particular principal, to be signed
d returned.
d) The secrecy order is -directed to
-subject matter of the application.
Mere any other application in which
a secrecy order has not been issued
= closes a significant part of the sub-
.. ect matter of the application under
,secrecy order, the other application
wand the common subject matter
should be called to the attention of
he Patent and Trademark Office.
*Such a notice may include any materi-
al such as would be urged in a petition
into rescind secrecy orders on either of
.r a e applications.
crecy order, withholding patent.
e, action on the application by the
Office and prosecution by the appli-
cant will proceed during the time an
ppllcation is under secrecy order to
'j he point indicated in this section:
.(a) Applications under secrecy order
which come to a final rejection must
be.appealed or otherwise prosecuted to
avoid abandonment. Appeals in such
;,.ant but unless otherwise specifically
ordered by the Commissioner will not
be= set for hearing until the secrecy
ed involving applications under se-
der secrecy order copies claims from
issued patent, a notice of that fact
be placed in the file wrapper of
c) 'When the application Is found to
" tied. This notice (which is not a- notice
f "allowance under ? 1.311 of this
?chapter) does not require response by
.:Qthe applicant and places the applica-
A?tion in a condition of suspension until
the secrecy order is removed. When
43-he secrecy order is removed the
k~.Patent and Trademark Office will
Issue- a notice of allowance under
1.311 of this chapter, or take such
? 5.5
other action as may then be warrant-
ed.
(24 FR 10381. Dec. 22, 1959, as amended at
38 FR 10006. Apr. 23, 19731
? 5.4 Petition for rescission of secrecy
order.
(a) A petition for rescission or re-
moval of a secrecy order may be filed
by, or on behalf of, any principal af-
fected thereby. Such petition may be
in letter form, and it must be in dupli-
cate. The petition must be accompa-
nied by one copy of the application or
an order for the same, unless a show-
ing is made that such a copy has al-
ready been furnished to the depart-
ment or agency which caused the se-
crecy order to be issued.
(b) The petition must recite any and
all facts that purport to render the
order ineffectual or futile if this is the
basis of the petition. When prior pub-
lications or patents are alleged the pe-
tition must give complete data as to
such publications or patents and
should be accompanied by copies
thereof.
(c) The petition must identify any
contract between the Government and
any of the principals, under which the
subject matter of the application or
any significant part thereof was devel-
oped, or to which the subject matter is
otherwise related. If there is no such
contract, the petition must so state.
(d) Unless based upon facts of public
record, the petition must be verified., '
? 5.5 Permit to disclose or modification of
secrecy order. ?
(a) Consent to disclosure, or to the
filing of an application abroad, as pro-
vided in 35 U.S.C. 182, shall be made
by a "permit" or "modification" of the
secrecy order.
(b) Petitions for a permit or modifi-
cation must fully recite the reason or
purpose for the proposed disclosure.
Where any proposed disclosee is
known to be cleared by a defense
agency to receive classified informa-
tion, adequate explanation of such
clearance should be made in the peti-
tion including the name of the agency
 ? 5.6 Title 37--Patents, Trademarks, and. Copyrigk
or department granting the clearance
and the date and degree thereof. The
petition must be filed in duplicate and
be accompanied by one copy of the ap-
plication or an order for the same,
unless a showing is made that such a
copy has already been furnished to
the department or agency which
caused the secrecy order to be issued.
. (c) In a petition for modification of a
secrecy order to permit filing abroad,
all countries in which it is proposed to
file must be made known, as well as all
attorneys, agents and . others to whom
the material will be consigned prior to
being lodged in the foreign patent
office. The petition should include a
statement vouching for, the loyalty
and integrity of the proposed disclo-
sees and where their clearance status
in this or the foreign country is known
all details should be given.
(d) Consent to the disclosure of sub-
ject matter from one application
under secrecy order may be deemed to
be consent to the disclosure : of
common subject matter in other appli-
cations under secrecy order so long as
not taken out of context in a manner
disclosing material beyond the modifi-
cation granted in the first application.
(e) The permit or modification may
contain conditions and limitations.
? 5.6 General and group permits.
(a). Organizations requiring consent
for disclosure of applications under se-
crecy order to persons or organizations
in connection with repeated routine
operation may petition for such con-
sent in the form of a general permit.
To be successful such petitions must
ordinarily recite the security clearance
status of the disclosees as sufficient
for the highest classification of mate-
rial that may be involved.
(b) Where identical disclosees and
circumstances are involved, and con-
sent is desired for the disclosure of
each of a specific list of applications,
the petitions may be joined.
Any request for compensation as
provided in 35 U.S.C. 183 must not be
caused the secrecy order to be issue
formed as to the department.,,k6i
60 days from the date of the dent
department or agency which cans
the order to be issued will be notifi
cers as he may designate.
LICE msEs FOR FOREIGN PILING
eign country.
(a) When no secrecy order has bee
States. if: }
(1) The foreign application is to be
filed or its filing caused or authorized
(2) The foreign application is to be:-q
filed, or its filing caused or authorized;;
(b) When there is no secrecy order
in effect, a license under 35. U.S.C. 18,V-4
the United States, or .
Chapter 1--.Patent a
after the expiratior
from the filing of t
the United States.
(c) When a secrec:
issued under- ?5.2,
cannot be filed in a i
any case except in
? 5.5.
? 5.12 Petition for lice
Petitions for lice
tioner.
? 5.13 Petition for lie
ing U.S. applicatio:
Where there is
United States appli
for license must be
legible copy of tl
which license is des!
be retained, as, the :
cense granted. For
identification of the
be submitted in, du
a title and other de,
terial. The duplica
? 5.14 Petition for li.
U.S. application.
(a) Where there
United States appl.
petition for license
application by ser
date, inventor, and
the material upon
desired is not req
the disclosure of t
scriptive, and. the
clearly of no inter
standpoint, time
short statement I
the nature of the it
(b) Two or more'
cations should. not
the same petition
they are to be coin
 Quits, and Copyrights
;ent and Trademark
l be made directly to
or . agency which
.y order to be issued.
nest persons having a
'orrnation will be in-
the department or
Lsed the secrecy order
retary.
Secretary of Com-
ed by 35 U.S.C. 181,
rder cannot be taken
tion for rescission of
r has been made and
ust be taken within
e date of the denial,
pealing, as well as the
ency which caused
ued will be notified
place of hearing. The
earl and decided by
such officer or offi-
esignate. ?
R FOREIGN FILING
filing application in for-
ecrecy order has been
.2, a license from the
f Patents and Trade-
U.S.C. 184 is required
any application for
e registration of a util-
trial design, or model,
ntry, or causing or au-
filing, with respect to
made in the United
gn application is to be
g caused or authorized
lication for patent is
ted States, or
gn application is to be
g caused or authorized,
piration of six months
of the application in
S. .
ere is no secrecy order
use under 35 U,S.C. 184
if:
ntion was not made ' in
tes, or
Chapter 1-patent and Trademark Office
filed, or its filing caused or authorized,
from the filing of the application in
(c) When a secrecy order has been
cannot be filed in a foreign country in
? 5.5.
Petitions for license under 35 U.S.C.
tioner.
lag U.S. application. ,
Where there is no corresponding
be retained as the measure of the 1i-
;`-be submitted in duplicate and provide
:a title and other description of the ma-
,t4,terial. The duplicate copy of the pett-
or other action on the petition.
U.S. application.
,qietition for license must identify this
desired is not required. The subject
ssscriptive, and the subject matter is
t . e " tions should not be referred to in
_ he same petition for license unless
ey. are to be combined in the foreign
? 5.16
application, in which event the peti-
tion should so state and the identifica-
tion of each United States application
should be in separate paragraphs.
(c) Where the application to be filed
abroad contains matter not disclosed
in the United States application or ap-
plications, including the case where
the combining of two or more United
States applications introduces subject
matter not disclosed in any of them, a
copy of the application as it is to be
filed in the foreign country must be
furnished with the petition. If, howev-
er, all new matter in the application to
be filed is readily identifiable, the new
matter may be submitted in detail and
the remainder by reference to the per-
tinent United States application or ap-
plications.
? 5.15 Scope of license.
(a) A license to file an application in
a foreign country, when granted, in-
cludes authority to forward all dupli-
cate and formal papers to the foreign
country and to make amendments and
take any action in the prosecution of
the application, provided subject
matter additional to that covered by
the license is not involved. In those
cases in which no license is required to
file the foreign application, no license
is required to file papers in connection
with the prosecution of the foreign ap-
plication not involving disclosure of
additional subject matter. Any paper
filed abroad following the filing of a
foreign application which involves the
disclosure of additional subject matter
must be separately licensed in the
same manner as an application.
(b) Licenses separately granted in
connection with two or more United
States applications may be exercised
by combining or dividing the disclo-
sures, as desired, provided additional
subject matter is not introduced.
(c) A license does not apply to acts
done before the license was granted
unless the petition specifically re-
quests and describes the particular
acts and the license is worded to apply.
to such acts.
? 5.16 Effect of secrecy order.
Any license obtained under 35 U.S.C.
184 is ineffective if the subject matter
is under a secrecy order, and a secrecy
 ? 5.17 TUN 7
3
further action under the license unless and 3791V1 pia ua ia ~rti Parts 370-;
separately specifically' authorized by a (b) A validated export license is:
modification of the secrecy order in quired for the foreign filing of pate
accordance with ? 5.5. applications:
? 5.17 Who may use license: (1) Containing certain technii
data, unless such foreign filin
i
i
.
g
s
n
a
Licenses may be used by anyone in. cordance with the regulations of t1
terested in the foreign filing for or on U.S. Patent and Trademark Office (I
behalf of. the inventor or his assigns. CFR 379.4(c), (d));
or
? 5.18 Arms, ammunition, and implements
(2) In certain designated countrle
of war. areas, if the, application contains-an,
restricted technical data2 not exporC
(a) The exportation of tech
i
bl
n
cal a
e under provisions of 15 CFR 379.3
data relating to arms, ammunition, (c) A validated export license is not
and implements of war generally is required for the foreign filing of,'i
subject to the International Traffic in patent application in any case whereY
Arms Regulations of the Departm
t (1) Th
d
en
e
ata contained in the Patel
of State (22 CFR Parts 121-128); the application is generally available 1
articles 'designated as arms, ammuni. the public in any form (15 CF
tion, and Implements of war are enu- 379.3(a)); or
merated in the U.S. Munitions List, 22 (2) The foreign filing is in acco
CFR 121.01. However
if a patent dance with the
r
l
-
,
egu
ations of Office the and U.LtM
plicant complies with regulations
p- Patent and Trademark
Issued by the Commissioner of Patents the patent application has been previ1
and Trademarks under 35 U.S.C. 184, usly filed abroad in one of the "early?
no separate approval from the Depart
..,
Publication' countries
o
(ii
,
.
-
r
) th
ment of State is required unless the data contained in the application iss
a
li
t
t
pp
can
seeks to export technical
he same as that in an application fort
data exceeding that
which the U
S
P
d
t
.
.
use
a
to support a
ent and Trademarks
patent application in a foreign coup. Office has issued notice that the4
try. This exemption from Department patent has been scheduled for printing
of State regulations is applicable re- and publication (15 CFR 379.3(c)(2))..;
o
gardless
f of whether a license from the ~(d) A validated export license is note
sions of ??5.11 and 5.15 (22 CFR
125.04(b), 125.20(b)). 'Alban" Bulgaria. China (Mainland) [in=4
plc-io
in
h
n con- -
g
tam -+-
aa and OiKang. Sinklang, Tibet, and4
taming subject matter on the Muni- Manchuria (includes the former Kwantung.s.
tions List (22 CPR 121.011 Is Leased Territoro the
t
a pe
i- but excluding China (Taiwan)
tion Is made under ? 5.5 for a modifica- (Formosa) and Rep Outerublic of Mongolia), Commu_.
tion of the secrecy order to permit nist
a~?_,
.con
h
equest
to t
-
e Czecnostovakta, East Germany (Soviet Zone
.
Department of State for authority to of Germany. and the Soviet Sector of
export classified information is not Berlin) Estoni
H
r
e? a.
ungary, Latvia, Lithua-,.
quired (22
CFR 125.05(d)). pia, North Korea, Outer Mongolia, Poland-.
Wei "r, 0%,3u, Apr. 22, 19701 .. .
? 5.19 Export of technical data.
Rhodesia..,. - ?? ,, .:3
, and Union of Soviet Socialist list Re..
Publics (15 CPR part 37n --
e
Patents, Trademarks, and Copydgh
the U.S. Department of Commerce a Finland. FrancUOsta e, Hondu Denmark, Ecuador.
ran, Iceland, Jamai_.
validated export license f
" ca
Lu
b
,
xem
rom . the
o
Bureau of International Commerce Norway. Panama, Portugral w
d
e
i.
may be required for the foreign dad. Turkey. Republic of , South Africa, Uru. q
of a patent application, under certain guay? Venezuela, and West Germany (Fed. y
conditions. The pertinent regulations era, public of . Germany) (15 CFR
379.3(c)(2)).
Approved For Release 2002/05/31 : CIA-RDP96B01172R000100070002
Chapter l=-'pa
application pr
eign origin t
application is
inventor to b
to the Unitec
filing In the
mark Office (1
(e) Inquiries
control regul
filing of paten
made to the
Bureau of. I
Department o
ton, D.C.. 2023
[35 FR 6430, Apr
? 5.21 Effect of
license
Any consent
under the pro
not lessen the
principals. in
ment contract
any other Gov
? 5.22 Papers In
All papers s~
with petitions
language, o
English trans,
certificate as
t
exact characte
? 5.23 Correspo
All correspo
with this pa
should be adds
of Patents and
Patent Securit
ton, D.C., 20231
PART 6-..Ci
GOODS AND
TRADEMARK
CODIFICATION N
separate grouping
trademarks. It ap
volume. -
PART 7-REGIS
INTERES
Sec.
7.1 Requiremen
7.2 Assignments.
7.3 Licenses.
 ks, and Copyrights
CPR Parts 370-372
xport license is re-
ign filing of patent
certain technical
reign filing is In ac-
regulations of the
trademark Office (15
'grated countries or
ration contains any
data2 not export-
of 15 CFR 379.3.
port license is not
n any case where:
aired in the patent
erally available to
form (15 CFR
filing Is in accor-
ulations of the U.B.
nark Office and (i)
;ion has been previ-
in one of the "early
ries,"s or (ii) the
the application is
a an application for
ent and Trademark
a notice that the
ieduled for printing
CFR 379.3(c)(2)).
port license is not
ntained in a patent
China (Mainland) tin-
lia, the provinces of
Sinkiang. Tibet, and
the former Kwantung
present Port Arthur
d Liaoning Province).
lic of China (Taiwan)
r Mongolia], Commu-
of Vietnam, Cubs,
rmany (Soviet Zone
ie Soviet t Sector of
y, Latvia, Lithus-
iter Mongolia, Poland
Rumania, Southern
of Soviet Socialist Re-
370, Supplement No.
:a, Denmark, Ecuador,
duras, Iceland, Jamai-
theriands, Nicaragua,
ugal, Sweden, Trini-
of South Africa, Uru?
West Germany (Fed-
Germany) . (15 CFR
Chapter 1=Patent and Trademark Office_ {.' ,' ? 7.4
application prepared wholly from for-
eign origin. technical data where such
application Is being.sent to the foreign
inventor to be executed and returned
to the United States for subsequent
filing in the U.S. Patent and Trade-
mark Office (15 CFR 379.3(c)(1)).
(e) Inquiries concerning the export
control regulations for the foreign
filing of patent applications should be
made to the Office of Export Control,
Bureau. of International Commerce,
Department of Commerce, Washing-
ton, D.C. 20230.
[35 PR 6430, Apr. 22, 1970]
GSV-r.
? 5.21 Effect of modification, rescission or
license. .
Any consent, rescission or license
under the provisions of this part does
not lessen the responsibilities of the
principals In respect to any Govern-
ment contract or the requirements of
any other Government agency.
? 5.22 Papers in English language.
All papers submitted in connection
with petitions must be in the English
language, or be accompanied by an
English translation and a translator's
certificate as to the true, faithful and
exact character of the translation.
$ 5.23 Correspondence.
All correspondence in connection
with this part, including petitions,
should be addressed to "Commissioner
of Patents and Trademarks (Attention
Patent Security Division), Washing-
ton. D.C., 20231.1
.'
PART 'CLASSIFICATION' OF
GOODS AND SERVICES UNDER THE
TRADEMARK ACT
PART 7: REGISTER OF GOVERNMENT
INTERESTS IN PATENTS
7.4 Abbreviated copy.
7.5 Instruments already on record.
7.7 Secret register.
Avrsoarrsr: E.O. 9424, Feb. 18, 1944, 9 FR
1959; 3 CFR 1943-1948 Comp.
Souace: 24 FR 10383. Dec. 22. 1959, unless
otherwise noted.
$ 7.1 Requirements.
Executive Order 9414 (3 CFR 1943-
1948 Comp.) requires the several de-
partments and other executive agen-
cies of the Government, including
Government-owned or Government-
controlled corporations, to forward
promptly to the Commissioner of Pat-
ents and Trademarks for recording all
licenses, assignments, or other inter-
ests of the Government in or under
patents or applications for patents.
? 7.2 Assignments.
The original of an assignment or
other instrument which conveys to the
Government only the title to a patent
or to an application for patent shall be
forwarded to the Commissioner of
Patents and Trademarks. The instru-
ment will be recorded, endorsed, and
returned.
$ 7.3 Licenses.
A copy of any license or instrument
other than an assignment which con-
veys to or gives the Government any
interest in or under a patent or an ap-
plication for patent shall be forwarded
for recording. The copy will be re-
tained by the Patent and Trademark
Office but, when desired, the original
will be endorsed and returned.
? 7.4 Abbreviated copy.
If an instrument deals with matters
in addition to rights and interests in
patents or in applications for patents,
or in inventions disclosed therein, a
copy of only those portions of the in-
strument dealing with such rights and
interests need be forwarded. In such
case, a statement giving the general
nature of the entire instrument, the
parties involved, the date of the in-
strument, the place where it is usually
filed, and any docket or identifying
number, must be attached to the copy.
 CHAPTER 17.-SECRECY OF CERTAIN INVENTIONS
FILING APPLICATIONS IN FOREIGN COUlTR.Y
Sec..., ..... . .
181. Secrecy of certain inventions and withholding of patent.
182. Abandonment of invention for unauthorized disclosure.
184. Filing. of application in foreign country.
185. Patent barred for~filing without'license.
186:' ' Penalty.
187. Nonapplicability to certain persons.
188. Rules and regulations,. delegation. of .power
1 1 e Secrecyr t of certain inventions and , ~ withholdingri
patent r - xi4
'nvention in which the.Government has a_property interest migh t
the imo`n oT-Me head of the interested Government agency,- bi
detrimental to the national. security, the. Commissioner upon beingi
notifiedshall order, that the-invention, be kept secret and. shall ?wi li
hold the grant of a patent therefor under the conditions set fore
Whenever the publication or disclosure of an invention. by? th
granting of a patent, in which the Government-does not have a& pro
interest; might, ;in the opinion, of the Commisssi ner, be. deft
ety
_
mental to the national security, he shall make- the application.
patent in which, such invention is disclosed available for inspectii
to the Atomic Energy Commission, the Secretary of Defense, and tl
chief officer of .any-ot} er department, or.agency.~of.. the_Go_v_er
designated by the, President as a defense, agency of the United State,
Each individual to whom` the application is- disclosed shall sign
dated acknowledgment thereof, which- acknowledgment shall be;
Energy Commission, the Secretary of a Defense Department, ors;"??
chief officer of another department or. agency so designated, ith E
publication or disclosure. of the. invention, by the,granting_o
patent therefor would be detrimental to the national security,.- .,!
Commissioner shall order. that the invention be .kept..,aecQetL,:a
shall withhold the grant of-.a patent for' such period as the nation
interest requires, and notify the applicant thereof. Upon prof.
showing by the head of the department or agency who caused. ti
secrecy order to be issued that the examination of the application
might jeopardize the national "interest, the Commissioner shall the
upon maintain the application in a sealed condition and notify't
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Ch. 17'
applicant then
placed under
order to the S
An inventio
patent wi.thhel
sioner shall re
renewal perio
by the head of
caused the ore
been made th
order in effect
war, shall. re
year following
during a ' natio
in effect for t
thereafter. T
tion by the h
agencies. who
disclosure of
national sect
Reviser's 'Note.
9.C., 1946 ed., f 1
1, 66 Stat. S, 4)
Language is ,c
Prior- Law. - Po
Ject of this sec
Rules relating-
foreign countries?
1. Government's
In absence of
sioner of Patents
invention should
held grant of pat
son that publics
? 182. ::.
The inventi
order made pt
doned upon it
lation of 'said
that an applie
country by th
 TIONS AND
NTRY
patent,
closure.
~thholding of
patent on an
rest might, in
iii -agency, be
upon being so
nd shall with-
Lions set forth
ention by the
t have a prop-
ner, be detri-
pplication for
for inspection
fense, and the
e_-Government
United States.
d shall sign a
it shall be en-
of the Atomic
rtment, or the
esignated, the
granting of a
1 security, the
-e Department.
Toner and the
pt secret and
s the national
Upon prore?'
ho caused the
he applicat.it
er shall there-
and notify the
 35, '?.18 PATENTABILITY-..GRANT. OF PATENTS
fives; or. anyone is privity with
b him or them, without the,-coneea
the Commissioner The
aandonment shall be-held to have
as -of the. time of viol
mh _ occ11>
ti
a
on
el
not be given without the wne uommission6 concurrence of the heads of the depaiCm
and the chief. officers of
th
,
e agencies who caused the order t6.
sued. .A holding of
ab....a__..
.
,
~..urui
eiorreiture.b
applicant, his successors a=4 constitute assigns, or 'legal representatives -d
one 1n privity with hi
o
'
m
r, them, of all, claims
against th
States based upon such invention July 19, `1952, c. 950,: ? t _Gfi
806. <
1,:. r-r = ! t., : Historicatl 88btt R?"181o Notes
"_I M
Reviser's Note -Based on Titl Bi
a 35
i7
h
r,Y z ? ':cf :;r_.. o title, set out iib A: W
Langua$e:_is changed..: I '? at the end "of this tit1 is al
.-.
1 , Prior.Law For prior saw ron
C., 1948.
~.;! 182 (Feb .: 1, 1952, c. 4, ject ,of this sectionsee formc+.n,
88 Stat Q.:
152`?"f't
i
:Right to compenszation? = -+ 4 ,
An. ,applicant; his successors, assigns,' or ' 'legal represents
whose patent is
w
thh
l
,
e
ail
i
d 'as herein -provided, 'shall have the i"iS
beginning at the date the a
lic
t i
"
pp
an
s
notified that; except t'or~l
order, his application is otherwise
i
,
n condition for allowance
February 1, 1952, whichever is 'later,' and ending six years . ftc
patent is issued thereon, to apply to, the head of any dent
agency who caucpA 0- :...a ._-L partme
.-a LL lur cvmpensatlon?,f'C1t
damage caused by.the order. of'secrecy and/or for the use of ,tl'
vention by the Government
resulti
f
,
ng
rom his disclosure..' Th T
to compensation for use shall begin on the date of the first asej
invention by the Government The head of +,, .
yenta
i
,
? -.
on vi a. claim, to enter.: iii
agreement with the applicant, his successors
i
, ass
gns, or legs
resentatives,. in full settlement for the: da
g
'
ma
e an
settlement agreement shall be conclusive for all rpos ne t
standing any other nrnviainn w 1..,... t__ LL _ Purposes notwl
"Y' ii
ment of the claim cannot be effected, the.headof th
e._depaurbn '
agency may award and pay to such applicant, his successors, asapl
or legal representatives, sum not exceeding 75 per cent"-`o
sum which the head of rho a-..4:.:.__. -
~.6 "L-J (:sashes
compensation for the damage-and/or -use. A claimant maybrib
against the United States in the Court of Claims or in the-Dig
Court of th
U
it
d
e,
n
e
States. for: the district. in which such chit
a resident for an' amount which when added t
the aw
o
ard's19[
?stitute just compensation for the damage aad
or
-
%
-Use of
th
tion by the-Government.:::The 'owner. of-any patenti M
ssuedr
application that was: subj
t :
ec
to .a: secrecy. order. issued, pursita
section 181 of this title,rwhe did not apply for compensation; asi3
provided.. shall have the 11?h+
n
t
,_o e_.order,of _secrec
..Q ?.,. a~nuanc , .
patent, to bring' suit .in .the ' Court . of Claims for : just ,compen
for''.the, damage. caused 'by- reaso
f
h
Approved For Release 2002/05/31 : CIA-RDP96B01172R0001
use by
closure
of the
all def
This si
success
time er
vented,'
July 19,
? 184.
Except
sioner a l
foreign .c(
an applic;
industrial
country.
vention su
section 18,
departmen
order to
an applica
tion does ii
of this title
The term
plications a
to, or divisi
ieviser's No
r 1940 ed.,
4? ac star. s).
Language is
 PATENTS Ch, 17
hout the consent of
Id to.have occurred
Commissioner shall
of the departments
the order to be is-
6. forfeitu re by the
sentatives, or any-
against the United
c: 950, ? 1, 66 Stat.
it prior law on the sub.
Ion, ,see. former section
set'out in Appendix Il
title:,'
l representatives,
11 have the right,
at, except for such
for allowance, or
six years after a
ny department or
pensation for the
the use of the in-
losure: ` The right
he first use of the
artment or agency
to enter into an
gns, or legal rep-
ndjor, use. This
urposes notwith-
Y? If full settle-
he?-department or
ccessors, assigns,
er centum of the
Y considers just
nt.may bring suit
r in the District
such claimant is
award shall con-
use of the inven-
t issued upon an
ued pursuant to
nsation as above
issuance of such
st compensation
secrecy and/or
a01IIIIQ700Z
x:173 ~lCItECY OF INDENTIONS' 1.':'
w. z 35 3`184
eelby, the Government of, the -invention .,resulting from his-'. dis=c.
. _ .. _ _ ..
1osure The right t
a
r-__ __
o s
tion
ll
the' ,.%,firstuse of the invention' by' the Government. In a suit under
i
r
o
th
ov
si
e p
ns .o
is section the United states may avail itself. of`.
This section shall not ' confer, a 'right' of action' on' anyone-or his'
successors, assigns,. or` legal :representatives who, while in the full-
_ -i _:~ ? _ _ L _ - - ''i
'ented. or developed the invention ,:.hich
t
lily 19, .1952, c, 950,,'? 1,'66 Stat. "806.
Historical and -Revision Notes
3eviaa?'s Note. Based on 'Title 35 II
or Last' For
,.. C, x1948 ed., i 153 (Feb. 1, 1952,, c. 4,...: prior law on the sub-
>, 6tat 4, 5). ,..: Sect of this section, see former section
I 31,-, 153 of this title, set out in Appendix II
_r
"'184. Filing of application in foreign coon ;: ......:f
try:
xcept when authorized by a license obtained from , the Commis-
I-.
a person shallot fil
ne or cause or authorize .to be filed in 'any,
ii application for patent or for the registration of a utility 'model,
dus
i
ld
tr
a
esign, or mdl in rpetfvn
,.oeesc o an inentio made in this
not
r:*, : .1 .,
-,.... ....,,a respect to an 'in-
Wention subject to an order issued by the Commissioner pursuant to,
-_E ,r
ecfiaon181 of this titlitht thurn
e woue concrece of,the head of the
apartments and the chief- officers of th
agencie
e
s who caused th
e
der to be'issued. The license may be granted retroactively where"
a' application has been inadvertently nr: filed abroad and the applica=
ion; does not. disclose"an invention within the'scope of section 181-
ahisTitle
a
911( ,?j { j.?
:
.._ . i;,.:
Che;term "appl ication" ,when .used in this chapter includes a
p
plications and any modifications, amendments,or supplements there
ba -':or divisions thereof.-.July.19, 1952, c..950, ? 1, 66 Stat. 807:
-Historical ?and Revision Notes
Qiniiser'e Note.' Based on Titan 35- n.,
8 stet. 5), 1 Jeet or this section, -see former section
'*a 154 of this title, set out in Appendix 2I
Rules of Praotico in the Patent office
713
 3S'11,86, PATENTABILITY RANT .,OF PATENTS` Ch:
? 185. Patent ' barred for filing without license
Notwithstandin an other, provisions of law An v t
g any y person And .
successors, assigns, or legal representatives; shall not .receive
United States patent for an invention if . that ,person;, or hi s` sad
cessors, assigns, or legal representatives : shall, without
procur
i
i
E~
. the license prescribed in section 184 of this : title,- have made o
consented to or assisted. another's making, _application in a fore!
country,for a patent or for the registration, of a utility imodelfii~
States patent issued to such person,' his successors, assigns, or leg
representatives shall be-invalid...;;July;19,;1952k _c. 950, ? 1, 66,Stat
l~ istorioal and Revision Notea
66 stat. S). 130 of this title, set out in A
DDeadirgj?
Language is chsaged.::3 ' 5': `>'; at the end.of this title.
77 Ir
`
,186. Penalty :.:,.
?
Whoever, during the period or :periods of .time ,an 'inventiOAe
been ordered to be kept secret, andthe grant of a patent thet'e41
withheld, pursuant to section 181 of. this.title, shall, with knowlec
_of such order. and without due authorization, willfully publis}
disclose or authorize or,cause tobe s published or disclosed theuiya
tion, :or material -information with, respect thereto,, or whoev'erBi
violation.of the provisions of section 184 of this title, shall; file6ol
c.ause.or authorize to be filed in any foreign country an applicatf
for-patent or for the registration of a utility model, industrial'desi
for riot more than two'years, or'both. `July 19,-1952, c. 950?y1
shall, upon conviction, be fined not more than $10,000 or imprisoned
or model in respect of any invention made in the United..'Statea
,Histor4oal and'Re'eistoni-Note?_':';
714~
? 187, -
The prole
any_ blflcer
his author!'
or permi.ss!
Roviser.'g xo
C., 1.940 ed., `I
66 sta.. 6); t
Language :is
?p 188.
The' A.to
artment, t
overnmen
United Stat
rules and r
to carry ou
power conf
808.
Reviser's A*ot
C., 1946ed.,66 stat. 6). Language fall
Prior Law,
sect of this a
 erson,. and his
not receive a
l,: or his sue.
Out procuring
ave made, or
iin a foreign
tY model in-
' AA United
igns, or legal
11, 66 Stat.
Vention has
ant thereon
knowledge
publish or
the inven-
rhoever, in
hall file or
tpplication
ial design,
ed States,
nprisoned
1,66
)n the sub-
section 756
radix 11 at
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17 SECRECY OF INVENTIONS 35 ? 188
Nonapplicability to certain persons'
he prohibitions -a id---penalties ofthiscnapter?-~`hall not apply to
cer or'a:gent:of-:the.United',States:'acting,within the'?seope".of
-:.hjs authority, nor to_ wy,"lerson actinw upon- his, written instructions
,ccr;permission. July 19, 1952, c. 950, ? 1, 66 Stat. 808.
Historical and Revision Notes
sxNote~ Based on Title 35,'U.s.
Prior Law. For'prior law'on'tbe sub-
1&i0=ed.,,"?
157''-(Feb.' 1. 1952,c. 4, 17,;
ject of this'section,'see former section 157
}lit? 8) I
a:,
0 ...this title, set outLin.i. ppendix-II at
bv"
the end of this title
ge;is chanted.
.
188. Rules, alid', egulatio>os, ' delegation of power
li Atomic Energyonimissioii;
the Secretary of a defense de-
r
..
irtnient, the chief officer of any other department or gency`of the
overnment designated by thePresident,as,a defense agency of the
sited States, and the Secretary of Commerce, may separately.issue
ilea and regulations to enable the respective department or agency
Pcarry out the provisions, of this chapter,-and-may. delegate any
Wwer conferred by this chapter: July 19, '1952, c. 950, 66: Stat:
rical'alLd'ItevisiolL Note
;c{
iralaar'a Note. Based on Title 35, U.S. --;,158 ?of this title,., set out in Appendix 11? at
r:846. ed., i 1&3 (Feb. 1. 1952, c 4, us, the end of this title.
6), . t t7 ~ c
Defense Agencies. The. Department. of
age is changed.. Justice was designated as a defense agen-
cy . cy of the United. States for the purposes
Prior Law. For prior law on the sub- of this chapter by Executive Order No.
;.this section, see former section 10457, May 28,''294 18 F.R. 3083.
 Approved For Release 2002/05/31 : CIA-RDP96B01172R000100070002-3
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