§ 181. Secrecy of certain inventions and withholding of patent
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/usc/title-35/section-181A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Whenever publication or disclosure by the publication of an application or 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 the invention be kept secret and shall withhold the publication of the application or the grant of a patent therefor under the conditions set forth hereinafter.
Whenever the publication or disclosure of an invention by the publication of an application or by the granting of a patent, in which the Government 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 Defense, 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.
Each individual to whom the application is disclosed shall sign a dated acknowledgment thereof, which acknowledgment shall be entered in the file of the application. If, in the opinion of the Atomic Energy Commission, the Secretary of a Defense Department, or the chief officer of another department or agency so designated, the publication or disclosure of the invention by the publication of an application or by the granting of a patent therefor would be detrimental to the national security, the Atomic Energy Commission, the Secretary of a Defense Department, or such other chief officer shall notify the Commissioner of Patents and the Commissioner of Patents shall order that the invention be kept secret and shall withhold the publication of the application or the grant of a patent for such period as the national interest requires, and notify the applicant thereof.
Upon proper showing by the head of the department or agency who caused the secrecy order to be issued that the examination of the application might jeopardize the national interest, the Commissioner of Patents shall thereupon maintain the application in a sealed condition and notify the applicant thereof. The owner of an application which has been placed under a secrecy order shall have a right to appeal from the order to the Secretary of Commerce under rules prescribed by him.
An invention shall not be ordered kept secret and the publication of the application or the grant of a patent withheld for a period of more than one year. The Commissioner of Patents shall renew the 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 officer 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.
An order in effect, or issued, during a time when the United States is at war, shall remain in effect for the duration of hostilities and one year following cessation of hostilities. An order in effect, or issued, during a national emergency declared by the President shall remain in effect for the duration of the national emergency and six months thereafter. The Commissioner of Patents may rescind any order upon notification by the heads of the departments and the chief officers of the agencies who caused the order to be issued that the publication or disclosure of the invention is no longer deemed detrimental to the national security.
(July 19, 1952, ch. 950, 66 Stat. 805; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, §§ 4507(7), 4732(a)(10)(B)], Nov. 29, 1999, 113 Stat. 1536, 1501A–566, 1501A–582.)
Historical and Revision Notes
Based on Title 35, U.S.C., 1946 ed., § 151 (Feb. 1, 1952, ch. 4, § 1, 66 Stat. 3, 4).
Language is changed.
Connections73 cite this · traces to 2
Cited by 73 sections · top 32
CFR
- § 1.211Publication of applications.
- § 1.703Period of adjustment of patent term due to examination delay.
- § 1.702Grounds for adjustment of patent term due to examination delay under the Patent Term Guarantee Act of 1999 (original applications, other than designs, filed on or after May 29, 2000).
- § 5.11License for filing in, or exporting to, a foreign country an application on an invention made in the United States or technical data relating thereto.
- § 5.15Scope of license.
- § 1.701Extension of patent term due to examination delay under the Uruguay Round Agreements Act (original applications, other than designs, filed on or after June 8, 1995, and before May 29, 2000).
- § 5.4Petition for rescission of secrecy order.
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U.S. Code
- § 4310Acts permitted; applications for patents, or registration of trade-marks or copyrights; payment of tax in relation thereto; licenses under enemy owned patent or copyright; statements by licensees; term and cancellation; suits against licensees; restraining infringements; powers of attorney; keeping secret inventions
- § 185Patent barred for filing without license
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Traces to 2 documents
U.S. Code
12 references not yet in our index
- July 19, 1952, ch. 950
- 66 Stat. 805
- Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, §§ 4507(7), 4732(a)(10)(B)]
- 113 Stat. 1536
- Feb. 1, 1952, ch. 4, § 1
- 66 Stat. 3
- Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(a)(10)(B)]
- Pub. L. 106–113, § 1000(a)(9) [title IV, § 4507(7)(A)]
- Pub. L. 106–113, § 1000(a)(9) [title IV, § 4507(7)(B)]
- Pub. L. 106–113, § 1000(a)(9) [title IV, § 4507(7)(C)]
- Pub. L. 106–113, § 1000(a)(9) [title IV, § 4507(7)(D)]
- Pub. L. 106–113
Citation graph
cites case law
§ 181
Secrecy of certain inventions and withholding of patent
Fed. Reg.×53
C.F.R.×16
Stat.×2
U.S.C.×2
ActJuly 19, 1952, ch. 950
Stat.66 Stat. 805
Pub. L.Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, §§ 4507(7), 4732(a)(10)(B)]
Stat.113 Stat. 1536
ActFeb. 1, 1952, ch. 4, § 1
Cites 14 · showing 7Cited by 73 across 4 sources