LAMP RECTIFIER LIGHTNING DETECTOR OR DETECTOR OR PIEZOELECTRIC INCANDESCENT MERCURY ARC ARRESTER RECTIFIER RECTIFIER CRYSTAL WELDING GLOW DISCHARGE X-RAY TUBE CATHODE RAY SPOT WELDING DEPOSIT TUBE 77 78 SECRECY OF CERTAIN INVENTIONS AND LICENSES TO FILE APPLICATIONS IN FOREIGN COUNTRIES The following regulations relating to the secrecy of certain inventions and licenses to file applications in foreign countries, have been established under authority of sections 6 and 188 of title 35, United States Code, as enacted July 19, 1952, Public Law 593, chapter 950, 66 Stat. 792; they interpret or apply sections 181 to 188 of title 35. These regulations were initially published in the Federal Register for Feburary 20, 1953, 18 F.R. 1011, and amendments at subsequent times. They form part 5 of title 37 of the Code of Federal Regulations. Sec. SECRECY ORDERS 5.1 Defense inspection of certain applications. Secrecy order. Prosecution of application under secrecy order; witholding patent. Petition for rescission of secrecy order. 5.2 5.3 5.4 5.5 5.6 5.7 5.8 Appeal to Secretary. Permit to disclose or modification of secrecy order. General and group permits. Compensation. LICENSES FOR FOREIGN FILING 5.11 License for filing application in foreign country. 5.12 Petition for license. 5.13 Petition for license; no corresponding U.S. application. 5.14 Petition for license; corresponding U.S. application. 5.15 Scope of license. 5.16 Effect of secrecy order. 5.17 Who may use license. 5.18 Arms, ammunition, and implements of war. 5.19 Export of technical data. GENERAL 5.21 Effect of modification, rescission or license. 5.22 Papers in English language. 5.23 Correspondence. 5.1 SECRECY ORDERS Defense inspection of certain applications. In accordance with the provisions of 35 U.S.C. 181, patent applications containing subject matter the disclosure of which might be detrimental to the national security are made available for inspection by defense agencies as specified in said section. Only applications obviously relating to national security, and applications within fields indicated to the Patent Office by the defense agencies as so related, are made available. The inspection will be made only by responsible representatives authorized by the agency to review applications. Such representatives are required to sign a dated acknowledgment of access accepting the condition that information obtained from the inspection will be used for no purpose other than the administration of 35 U.S.C. 181-188. Copies of applications may be made available to such representatives for inspection outside the Patent Office under conditions assuring that the confidentiality of the applications will be maintained, including the conditions that: (a) All copies will be returned to the Patent Office promptly if no secrecy order is imposed, or upon rescission of such order if one is imposed, and (b) no additional copies will be made by the defense agencies. A record of the removal and return of copies made available for defense inspection will be maintained by the Patent Office. Applications relating to atomic energy are made available to the Atomic Energy Commission as specified in rule 14. (Amended October 13, 1970.) 5.2 Secrecy order. (a) When notified by the chief officer of a defense agency that publication or disclosure of the invention by the granting of a patent would be detrimental to the national security, an order that the invention be kept secret will be issued by the Commissioner of Patents. (b) The secrecy order is directed to the applicant, his successors, any and all assignees, and their legal representatives; hereinafter designated as principals. (c) A copy of the secrecy order will be forwarded to each principal of record in the application and will be accompanied by a receipt, identifying the particular principal, to be signed and returned. (d) The secrecy order is directed to the subject matter of the application. Where any other application in which a secrecy order has not been issued discloses a significant part of the subject matter of the application under secrecy order, the other application and the common subject matter should be called to the attention of the Patent Office. Such a notice may include any material such as would be urged in a petition to rescind secrecy orders on either of the applications. 5.3 Prosecution of application under secrecy order; withholding patent. Unless specifically ordered otherwise, action on the application by the Office and prosecution by the applicant will proceed during the time an application is under secrecy order to the point indicated in this section: (a) Applications under secrecy order which come to a final rejection must be appealed or otherwise prosecuted to avoid abandonment. Appeals in such cases must be completed by the applicant but unless |