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Invention Secrecy Act of 1951
United States Congress
Long title
An Act to provide for the withholding of certain patents that might be detrimental to the national security, and for other purposes
Citation 66 Stat. 3
Enacted February 1, 1952
Bill citation (Pub. L.Tooltip Public Law (United States) 82–256, 66 Stat. 3, enacted February 1, 1952
United States patent law
Legislation
American Inventors Protection ActBayh–Dole ActInvention Secrecy ActHatch-Waxman ActLeahy–Smith America Invents ActTitle 35 of the United States Code
Types of patent claims
Article of manufactureComposition of matterMachineMethod
Procedures
Inter partes reviewMarkman hearingReexamination
Other topics
United States Patent and Trademark OfficePatent Trial and Appeal BoardExhaustionInfringementMisuseTerm of patentManual of Patent Examining Procedure (MPEP)HistoryBiological patentsSoftware patentsList of patent law cases
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The Invention Secrecy Act of 1951 (Pub. L.Tooltip Public Law (United States) 82–256, 66 Stat. 3, enacted February 1, 1952, codified at 35 U.S.C. ch. 17) is a body of United States federal law designed to prevent disclosure of new inventions and technologies that, in the opinion of selected federal agencies, present an alleged threat to the economic stability or national security of the United States.
The Invention Secret Act allows the United States government to classify ideas and patents under "Secrecy Orders", which indefinitely restrict public knowledge of them.[1] The law applies to all inventions in the United States regardless of what the idea or invention is, if a patent is applied for or granted.[2]35 U.S.C. § 181 All patents filed within the United States are required to be reviewed, and thousands of ideas and inventions are manually reviewed every year.[2][3] Any Federal government agency with "classifying powers" may request any patent be restricted under the Invention Secrecy Act.[4]
Ideas restricted by the Invention Secrecy Act's Secrecy Orders can be prohibited from any public disclosure; sales to any party except the United States military industry or exports to other nations can be prohibited; and can even be sealed from the public as classified.[5][6][1] Any appeals are limited to the United States Federal agency that itself restricted the ideas.[5] The United States Patent and Trademark Office has investigated the possibility of restricting new technologies if those new ideas may be disruptive to existing industries.[7] The Invention Secrecy Act has been criticized for lack of oversight and impacts on future scientific research by inventors, industry, attorneys and academics.[1][5][7][8]
World War I and II background
The United States government has long sought to control the release of new technologies that might threaten the national defense and economic stability of the country. During World War I, Congress authorized the United States Patent and Trademark Office (PTO) to classify certain defense-related patents. This initial effort lasted only for the duration of that war but was reimposed in October 1941 in anticipation of the entry of the United States into World War II. Secrecy Orders were initially intended to remain effective for two years, beginning on July 1, 1940, but were later extended for the duration of the second World War.[9]
Through World War II alone, at least 11,000 inventions were reported for classification review by the United States Government, and other analysis found that in the WWII era at least 8,475 inventions were forcibly classified, accounting for 75% of all new inventions in that time period, where over 20,000 total patents were reviewed for possible restrictions.[7][6]
The final version of the 1917 WW1-era law ordered ideas should be restricted if:[10]
…detrimental to the public safety or defense, or may assist the enemy or endanger the successful prosecution of the war, [the Commissioner of Patents] may order that the invention be kept secret and withhold the grant of a patent until the end of the war. (Pub. L. 65-80, 1917)[10]