Invention Secrecy Act
Encyclopedia
The Invention Secrecy Act of 1951, codified at (Title 35, Chapter 17 of the United States Code
), is a body of United States federal law designed to prevent disclosure of new invention
s and technologies that, in the opinion of selected federal agencies, present a possible threat to the national security
of the United States.
The U.S. government has long sought to control the release of new technologies that might threaten the national defense
and economic stability of the country. During World War I
, Congress authorized the United States Patent and Trademark Office
(PTO) to classify certain defense-related patent
s. This initial effort lasted only for the duration of that war but was reimposed in October 1941 in anticipation of the U.S. entry into World War II
. Patent secrecy orders were initially intended to remain effective for two years, beginning on July 1, 1940, but were later extended for the duration of the war.
The Invention Secrecy Act of 1951 made such patent secrecy permanent. Under this Act, defense agencies provide the PTO with a classified list of sensitive technologies in the form of the "Patent Security Category Review List" (PSCRL). The decision to classify new inventions under this act is made by "defense agencies" as defined by the President
. Generally, these agencies include the Army
, Navy
, Air Force
, National Security Agency
(NSA), Department of Energy
, and NASA
, but even the Justice Department
has played this role.
A secrecy order bars the award of a patent, orders that the invention be kept secret, restricts the filing of foreign patents, and specifies procedures to prevent disclosure of ideas contained in the application. The only way an inventor can avoid the risk of such imposed secrecy is to forgo patent protection.
By the end of fiscal year 1991, the number of patent secrecy orders stood at 6,193. Many such orders were imposed on individuals and organizations working without government support. This number shrank for each fiscal year thereafter, until 2002. Since 2002, the number of secrecy orders has grown, with 5,002 secrecy orders in effect at the end of fiscal year 2007.
The types of inventions classified under this Act is itself a secret, but most of the inventions which are now no longer secret but once were secret have been in areas with high military significance, such as cryptography
and weapons development.
United States Code
The Code of Laws of the United States of America is a compilation and codification of the general and permanent federal laws of the United States...
), is a body of United States federal law designed to prevent disclosure of new invention
Invention
An invention is a novel composition, device, or process. An invention may be derived from a pre-existing model or idea, or it could be independently conceived, in which case it may be a radical breakthrough. In addition, there is cultural invention, which is an innovative set of useful social...
s and technologies that, in the opinion of selected federal agencies, present a possible threat to the national security
National security
National security is the requirement to maintain the survival of the state through the use of economic, diplomacy, power projection and political power. The concept developed mostly in the United States of America after World War II...
of the United States.
The U.S. government has long sought to control the release of new technologies that might threaten the national defense
Defense (military)
Defense has several uses in the sphere of military application.Personal defense implies measures taken by individual soldiers in protecting themselves whether by use of protective materials such as armor, or field construction of trenches or a bunker, or by using weapons that prevent the enemy...
and economic stability of the country. During World War I
World War I
World War I , which was predominantly called the World War or the Great War from its occurrence until 1939, and the First World War or World War I thereafter, was a major war centred in Europe that began on 28 July 1914 and lasted until 11 November 1918...
, Congress authorized the United States Patent and Trademark Office
United States Patent and Trademark Office
The United States Patent and Trademark Office is an agency in the United States Department of Commerce that issues patents to inventors and businesses for their inventions, and trademark registration for product and intellectual property identification.The USPTO is based in Alexandria, Virginia,...
(PTO) to classify certain defense-related patent
Patent
A patent is a form of intellectual property. It consists of a set of exclusive rights granted by a sovereign state to an inventor or their assignee for a limited period of time in exchange for the public disclosure of an invention....
s. This initial effort lasted only for the duration of that war but was reimposed in October 1941 in anticipation of the U.S. entry into World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
. Patent secrecy orders were initially intended to remain effective for two years, beginning on July 1, 1940, but were later extended for the duration of the war.
The Invention Secrecy Act of 1951 made such patent secrecy permanent. Under this Act, defense agencies provide the PTO with a classified list of sensitive technologies in the form of the "Patent Security Category Review List" (PSCRL). The decision to classify new inventions under this act is made by "defense agencies" as defined by the President
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
. Generally, these agencies include the Army
United States Army
The United States Army is the main branch of the United States Armed Forces responsible for land-based military operations. It is the largest and oldest established branch of the U.S. military, and is one of seven U.S. uniformed services...
, Navy
United States Navy
The United States Navy is the naval warfare service branch of the United States Armed Forces and one of the seven uniformed services of the United States. The U.S. Navy is the largest in the world; its battle fleet tonnage is greater than that of the next 13 largest navies combined. The U.S...
, Air Force
United States Air Force
The United States Air Force is the aerial warfare service branch of the United States Armed Forces and one of the American uniformed services. Initially part of the United States Army, the USAF was formed as a separate branch of the military on September 18, 1947 under the National Security Act of...
, National Security Agency
National Security Agency
The National Security Agency/Central Security Service is a cryptologic intelligence agency of the United States Department of Defense responsible for the collection and analysis of foreign communications and foreign signals intelligence, as well as protecting U.S...
(NSA), Department of Energy
United States Department of Energy
The United States Department of Energy is a Cabinet-level department of the United States government concerned with the United States' policies regarding energy and safety in handling nuclear material...
, and NASA
NASA
The National Aeronautics and Space Administration is the agency of the United States government that is responsible for the nation's civilian space program and for aeronautics and aerospace research...
, but even the Justice Department
United States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
has played this role.
A secrecy order bars the award of a patent, orders that the invention be kept secret, restricts the filing of foreign patents, and specifies procedures to prevent disclosure of ideas contained in the application. The only way an inventor can avoid the risk of such imposed secrecy is to forgo patent protection.
By the end of fiscal year 1991, the number of patent secrecy orders stood at 6,193. Many such orders were imposed on individuals and organizations working without government support. This number shrank for each fiscal year thereafter, until 2002. Since 2002, the number of secrecy orders has grown, with 5,002 secrecy orders in effect at the end of fiscal year 2007.
The types of inventions classified under this Act is itself a secret, but most of the inventions which are now no longer secret but once were secret have been in areas with high military significance, such as cryptography
Cryptography
Cryptography is the practice and study of techniques for secure communication in the presence of third parties...
and weapons development.