Chapter 95. To prevent the publication of inventions by the grant of patents that might be detrimental to the public safety or convey useful information to the enemy, to stimulate invention, and provide adequate protection to owners of patents, and for other purposes
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CHAP. 95.— An Act To prevent the publication of inventions by the grant of patents that might be detrimental to the public safety or convey useful information to the enemy, to stimulate invention, and provide adequate protection to owners of patents, and for other purposes. October 6, 1917.[[S. 2531](/us/bill/65/s/2531).][[Public, No. 80](/us/pl/65/80).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Patents.Withheld during war if disclosure of invention detrimental, etc.*Post*, p. 422.
That whenever during a time when the United States is at war the publication of an invention by the granting of a patent might, in the opinion of the Commissioner of Patents, be detrimental to the public safety or defense or might assist the enemy or endanger the successful prosecution of the war he may order that the invention be kept secret and withhold the grant of a patent until the termination of the war: *Provided*, That *Proviso*.Held to be abandoned if published, etc.the invention disclosed in the application for said patent may be 395held abandoned upon it being established before or by the commissioner that in violation of said order said invention has been published or that an application for a patent therefor has been filed in a foreign country by the inventor or his assigns or legal representatives, without the consent or approval of the Commissioner of Patents, or under a license of the Secretary of Commerce as provided by law.
When an applicant whose patent is withheld as herein providedCompensation if invention tendered to the Government by patentee. and who faithfully obeys the order of the Commissioner of Patents above referred to shall tender his invention to the Government of the United States for its use, he shall, if and when he ultimatelySuit authorized. received a patent, have the right to sue for compensation in the Court of Claims, such right to compensation to begin from the date of the use of the invention by the Government.
Approved, October 6, 1917.