§ 181. — Secrecy of certain inventions and withholding of patent.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 35USC181]
TITLE 35--PATENTS
PART II--PATENTABILITY OF INVENTIONS AND GRANT OF PATENTS
CHAPTER 17--SECRECY OF CERTAIN INVENTIONS AND FILING APPLICATIONS IN
FOREIGN COUNTRY
Sec. 181. Secrecy of certain inventions and withholding of
patent
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,
Sec. 1000(a)(9) [title IV, Secs. 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., Sec. 151 (Feb. 1, 1952, ch. 4,
Sec. 1, 66 Stat. 3, 4).
Language is changed.
Amendments
1999--Pub. L. 106-113, Sec. 1000(a)(9) [title IV,
Sec. 4732(a)(10)(B)], substituted ``Commissioner of Patents'' for
``Commissioner'' wherever appearing.
Pub. L. 106-113, Sec. 1000(a)(9) [title IV, Sec. 4507(7)(A)], in
first par., inserted ``by the publication of an application or'' after
``disclosure'' and ``the publication of the application or'' after
``withhold''.
Pub. L. 106-113, Sec. 1000(a)(9) [title IV, Sec. 4507(7)(B)],
inserted ``by the publication of an application or'' after ``disclosure
of an invention'' in second par.
Pub. L. 106-113, Sec. 1000(a)(9) [title IV, Sec. 4507(7)(C)], in
third par., inserted ``by the publication of the application or'' after
``disclosure of the invention'' and ``the publication of the application
or'' after ``withhold''.
Pub. L. 106-113, Sec. 1000(a)(9) [title IV, Sec. 4507(7)(D)],
inserted ``the publication of an application or'' after ``kept secret
and'' in first sentence of fourth par.
Effective Date of 1999 Amendment
Amendment by section 1000(a)(9) [title IV, Sec. 4507(7)] of Pub. L.
106-113 effective Nov. 29, 2000, and applicable only to applications
(including international applications designating the United States)
filed on or after that date, see section 1000(a)(9) [title IV,
Sec. 4508] of Pub. L. 106-113, as amended, set out as a note under
section 10 of this title.
Amendment by section 1000(a)(9) [title IV, Sec. 4732(a)(10)(B)] of
Pub. L. 106-113 effective 4 months after Nov. 29, 1999, see section
1000(a)(9) [title IV, Sec. 4731] of Pub. L. 106-113, set out as a note
under section 1 of this title.
Transfer of Functions
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of Title 42, The Public Health and Welfare. See,
also, Transfer of Functions notes set out under those sections.
Defense Agencies
Department of Homeland Security designated as a defense agency of
United States for purposes of this chapter by Executive Order No. 13286,
Sec. 85, Feb. 28, 2003, 68 F.R. 10632.
Section Referred to in Other Sections
This section is referred to in sections 3, 122, 154, 182, 183, 184,
185, 186 of this title.
