The
following patent regulations have been interpreted by some as a means to
"suppress" certain key "free energy" inventions. The following is the
actual text of the regulations; you decide for yourself if theres anything in here
that would allow the Patent office to "suppress" new science.
32 CFR Chapter I (7-1-92 Edition)
(Regulations of the Patent and Trademark Office,
Department of Commerce)
PART 5 - SECRECY OF CERTAIN INVENTIONS ...
SECRECY ORDERS
Sec.
5.1 Defense inspection of certain applications.
5.2 Secrecy order.
5.3 Prosecution of application under secrecy orders; withholding
patent.
5.4 Petition for rescission of secrecy order.
5.5 Permit to disclose or modification of secrecy order.
5.6 General and group permits.
5.7 Compensation.
5.8 Appeal to Secretary.
SECRECY
ORDERS
5.1 Defense inspection of certain applications.
(a) The provisions of this part shall apply to
both national and international applications filed in the Patent and Trademark Office and,
with respect to inventions made in the United States, to applications filed in any foreign
country or any international authority other than the United States Receiving Office. The
(1) filing of a national or an international application in a foreign country or with an
international authority other than the United States Receiving Office, or (2) transmittal
of an international application to a foreign agency or an international authority other
than the United States Receiving Office is considered to be a foreign filing within the
meaning of Chapter 17 of Title 35, United States Code.
(b) 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 defence agencies
as specified in said section. Only applications obviously relating to national security,
and applications within fields indicated to the Patent and Trademark Office by the defence
agencies as so related, are made available. The inspection will be made only by
responsible representatives authorised by the agency to review applications. Such
representatives are required to sign a dated acknowledgement 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 and Trademark Office under
conditions assuring that the confidentiality of the applications will be maintained,
including the conditions that: (1) All copies will be returned to the Patent and Trademark
Office promptly if no secrecy order is imposed, or upon rescission of such order if one is
imposed, and (2) no additional copies will be made by the defence agencies. A record of
the removal and return of copies made available for defence inspection will be maintained
by the Patent and Trademark Office. Applications relating to atomic energy are made
available to the Department of Energy as specified in $ 1.14 of this chapter.
(Pub. L. 94-131, 89 Stat. 685)
[43 FR 20470, May 11, 1978]
5.2 Secrecy order.
(a) When notified by the chief officer of a
defence 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 and Trademarks.
(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 and Trademark 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 orders; 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) National 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 otherwise
specifically ordered by the Commissioner will not be set for hearing until the secrecy
order is removed.
(b) An interference will not be declared
involving national applications under secrecy order. However, if an applicant whose
application is under secrecy order seeks to provoke an interference with an issued patent,
a notice of that fact will be placed in the file wrapper of the patent. (See 1.607(d))
(c) When the national application is found to be
in condition for allowance except for the secrecy order the applicant and the agency which
caused the secrecy order to be issued will be notified. This notice (which is not a notice
of allowance under @1.31 1 of this chapter) does not require response by the applicant and
places the national application in a condition of suspension until the secrecy order is
removed. When the secrecy order is removed the Patent and Trademark Office will issue a
notice of allowance under @1.311 of this chapter, or take such other action as may then be
warranted.
(d) International applications under secrecy
order will not be mailed, delivered or otherwise transmitted to the international
authorities or the applicant. International applications under secrecy order will be
processed up to the point where, if it were not for the secrecy order, record and search
copies would be transmitted to the international authorities or the applicant.
(Pub. L 84-131, 89 Stat. 685)
[43 FR 20470, May 11,1978, as amended at 53 FR
23736, June 23, 1988]
5.4 Petition for rescission of secrecy order.
(a) A petition for rescission or removal of a
secrecy order may be filed by, or on behalf of, any principal affected thereby. Such
petition may be in letter form, and it must be in duplicate. The petition must be
accompanied by one copy of the application or an order for the same, unless a showing is
made that such a copy has already been furnished to the department or agency which caused
the secrecy order to be issued.
(b) The petition must recite any and all facts
that purport to render the order ineffectual or futile if this is the basis of the
petition. When prior publications or patents are alleged the petition must give complete
data as to such publications or patents and should be accompanied by copies thereof.
(c) The petition must identify any contract
between the Government and any of the principals, under which the subject matter of the
application or any significant part thereof was developed, or to which the subject matter
is otherwise related. If there is no such contract, the petition must so state.
(d) Unless based upon facts of public record, the
petition must be verified.
5.5 Permit to disclose or modification of secrecy order.
(a) Consent to disclosure, or to the filing of an
application abroad, as provided in 35 U.S.C. 182, shall be made by a "permit" or
"modification" of the secrecy order.
(b) Petitions for a permit or modification must
fully recite the reason or purpose for the proposed disclosure. Where any proposed
disclosee is known to be cleared by a defence agency to receive classified information,
adequate explanation of such clearance should be made in the petition including the name
of the agency or department granting the clearance and the date and degree thereof. The
petition must be filed in duplicate and be accompanied by one copy of the application or
an order for the same, unless a showing is made that such a copy has already been
furnished to the department or agency which caused the secrecy order to be issued.
(c) In a petition for modification of a secrecy
order to permit filing abroad, all countries in which it is proposed to file must be made
known, as well as all attorneys, agents and others to whom the material will be consigned
prior to being lodged in the foreign patent office. The petition should include a
statement vouching for the loyalty and integrity of the proposed disclosees and where
their clearance status in this or the foreign country is known all details should be
given.
(d) Consent to the disclosure of subject matter
from one application under secrecy order may be deemed to be consent to the disclosure of
common subject matter in other applications under secrecy order so long as not taken out
of context in a manner disclosing material beyond the modification granted in the first
application.
(e) The permit or modification may contain
conditions and limitations.
5.6 General and group permits.
(a) Organisations requiring consent for
disclosure of applications under secrecy order to persons or organisations in connection
with repeated routine operation may petition for such consent in the form of a general
permit. To be successful such petitions must ordinarily recite the security clearance
status of the disclosees as sufficient for the highest classification of material that may
be involved.
(b) Where identical disclosees and circumstances
are involved, and consent is desired for the disclosure of each of a specific list of
applications, the petitions may be joined.
5.7 Compensation.
Any request for compensation as provided in 35
U.S.C. 183 must not be made to the Patent and Trademark Office but should be made directly
to the department or agency which caused the secrecy order to be issued. Upon written
request persons having a right to such information will be informed as to the department
or agency which caused the secrecy order to be issued.
5.8 Appeal to Secretary.
Appeal to the Secretary of Commerce, as provided
by 35 U.S.C. 181, from a secrecy order cannot be taken until after a petition for
rescission of the secrecy order has been made and denied. Appeal must be taken within 60
days from the date of the denial, and the party appealing, as well as the department or
agency which caused the order to be issued will be notified of the time and place of
hearing. The appeal will be heard and decided by the Secretary or such officer or officers
as he may designate.
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