§181 Secrecy of Certain Inventions and Withholding of Patent

Summary

If publishing or issuing a patent for an invention might harm national security, the head of the government agency with an interest can tell the Commissioner of Patents. The Commissioner must then order the invention kept secret and stop publishing the application or issuing the patent. If the government does not own the invention but the Commissioner thinks disclosure could be harmful, the application must be shown to the Atomic Energy Commission, the Secretary of Defense, and any other defense agencies the President names. Each person who inspects the file must sign a dated note that is put in the file. If any of those officials say the invention should be kept secret, they tell the Commissioner, who notifies the applicant and withholds publication. If a department head shows that examining the application could hurt security, the Commissioner must seal it. The inventor can appeal the secrecy order to the Secretary of Commerce. A secrecy order lasts no more than one year but can be renewed each year if the agency says the national interest still requires it. If the order exists during a war it continues through the war and for one year after. If it exists during a presidentially declared national emergency it continues through the emergency and for six months after. The Commissioner can lift the order when the agencies say disclosure is no longer harmful.