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FEDERAL

REGISTER

VOLUME I I

NUMBER 118

Washington, Tuesday, June 17,1947
TITLE 3 THE PRESIDENT
EXECUTIVE ORDER 9865
P roviding for the P rotection Abroad of I nventions R esulting P rom R e
search F inanced by the G overnment
WHEREAS the Government of the United States now has and will hereafter acquire title to, or the right to file for eign patent applications for, numerous inventions arising out of scientific and technical research carried on by or for the Government; and WHEREAS it is in the interest of the United States to acquire patent protec tion abroad on certain inventions result ing from government-financed research;
and WHEREAS it is in the interest" of the Government to foster, promote, and de velop the foreign commerce of the United States:
NOW, THEREFORE, by virtue of the authority vested in me as President of the United States by the Constitution and statutes, and as Commander in Chief of the Army and Navy, and in the interest of. the foreign affairs functions of te United States and the internal management of the Government, it is hereby ordered as follows:
1. All Government departments and agencies shall, whenever practicable,"ac quire the right to file foreign patent ap plications on inventions resulting from research conducted or financed by the Government.
2. All Government departments and agencies which have or may hereafter acquire title to inventions or the right to file patent applications abroad thereon, shall fully and continuously inform the Department of Commerce concerning such Inventions, except as provided in section 6 hereof, and shall make recom mendations to the Department of Com merce as to which of such inventions should receive patent protection by the United States abroad and the foreign jurisdictions in which such patent pro tection should be sought. The recommendations of such departments and agencies shall indicate the immediate or future industrial, commercial or other
value of the invention concerned, includ ing its value to public health.
3. The Department of Commerce shall determine whether, and in what foreign jurisdictions, the United States should seek patents for such inventions and, to the extent of appropriations available therefor, shall procure patent protection for such inventions, taking all action, consistent with existing law, necessary to acquire and maintain patent rights abroad. Such determinations of the said Department shall be made after full con sultation with United States industry and commerce, with the Department of State, and with other Government agen cies familiar with the technical, scien tific, industrial, commercial or other eco nomic. or social factors affecting the invention involved, and after considera tion of the availability of valid patent protection in the countries determined to be immediate or potential markets for, or producers of, products, processes, or services covered by or relating to the invention.
4. The Department of Commerce shall administer foreign patents acquired by the United States under the terms of this order and shall issue licenses there under in accordance with law.under such rules and regulations as the "Secre tary of Commerce shall prescribe. Na tionals of the United States shall be granted licenses on a nonexclusive roy alty free, basis except in such cases as the Secretary shall determine and pro claim it to be inconsistent with the pub lic interest to issue such licenses on a nonexclusive royalty free basis.
5. The Department of State, in con sultation with the Department of Com merce, shall negotiate arrangements among governments under which each government and its nationals shall have access to the foreign patents of the other participating governments. Patents re lating to matters of public health may be licensed by the Secretary of Com merce, with the approval of the Secre-
tary of State, to any country or its na tionals upon such terms and conditions as are in accordance with law and as the Secretary of Commerce determines to be appropriate, regardless of whether Continued on next page
CONTENTS
THE PRESIDENT
Executive Orders
Page
Designation of officers to act as Secretary of Interior-________ 3009
Protection abroad of inventions resulting from research financed by Government; provisions___ 3907
EXECUTIVE AGENCIES
Agriculture Department
See also Entomology and Plant Quarantine Bureau.
Rules and regulations:
Plums; grades and sizes 3 documents___ ______ 3909,3910,3911
Alien Property, Office of
Notices;
Vesting orders, etc.:
Bielefeldt, Vernie L_______
3925
Dietz, LaVergne, D., et al____ 3927
Goldbecker, John Adam, et al_ 3927
Howard, Charles R________ 3929
. Hunken, John Christian..___ 3929
Kiesewetter, Charles________ 3927
Knoblau, Otto C___________ 3926
Michel, Richard___________ 3928
3930
Muto, Kunji, et al__ .
Negele, John______________, 3928
Pacific Soda Works, Ltd., et al_ 3928
Tietjen, Diedrich____ ____
3928
Tjaden, Habbo___ ________
3930
Vogt, Wilhelm_______ ;_____ 3926
Von Hanneken, Elsa____ ____ 3926
Wissel, Hermine-_____ _____ 3925
Zimmerman, Frieda G___ ___ 3929
Civil Aeronautics Board
Notices:
Hearings, etc.:
Royal Dutch Air Lines KLM _ 3918
TACA, S. A --------------- 3918
Customs Bureau
Notices:
Fish ; tariff-rate quota enlarged-

3918

Entomology and Plant Quaran tine Bureau
Rules and regulations:
Japanese beetle quarantine; re strictions on fruits, vegeta bles, and cut flowers, effec tive for season____________
3907

3909