§181 Secrecy of certain inventions and withholding of patent

Summary

If a government agency head believes that publishing a patent application or issuing a patent could harm national security, the Commissioner of Patents must order the invention kept secret and stop publication or the patent grant. If the Commissioner himself thinks publication would be harmful even when the Government has no property interest, he must show the application to the Atomic Energy Commission, the Secretary of Defense, and any other defense agency the President names. Anyone who looks at the application must sign and date a note saying they saw it, and that note goes in the file. If any of those officials tell the Commissioner that publication would hurt national security, the Commissioner must withhold publication, may seal the application if examination would be risky, and must tell the applicant. The owner of the application can appeal the secrecy order to the Secretary of Commerce under rules that the Secretary sets. A secrecy order cannot last more than one year unless it is renewed. The Commissioner will renew year by year if the agency head who caused the order says the national interest still requires secrecy. If an order is in effect during a war, it stays in effect for the war and one year after. If it is in effect during a presidentially declared national emergency, it stays in effect for the emergency and six months after. The Commissioner can cancel an order when the agency heads say disclosure is no longer a threat.