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VOLUME 15

NUMBER 16

Washington, Wednesday, January 25, 1950

in paragraph a last above, to the in vention is insufficient equitably to justify EXECUTIVE ORDER 10096
a requirement of assignment to the Gov ernment of the entire right, title and P roviding for a U niform P atent P olicy interest to such invention, or in any case for the G overnment W it h R espect to where the Government has insufficient I nventions M ade by G overnment interest in an invention to obtain entire E m ployees and for the A dm inistra
right, title and interest therein although tion of S uch P olicy the Government could obtain some under WHEREAS inventive advances in paragraph a, above, the Government scientific and technological fields fre agency concerned, subject to the ap quently result from governmental ac proval of the Chairman of the Govern tivities carried on by Government ment Patents Board provided for in employees; and paragraph 3 of this order and herein WHEREAS the Government of the after referred to as the Chairman, shall United States is expending large sums leave title to such invention in the of money annually for the conduct of employee, subject, however, to the reser these activities; and vation to the Government of a non-ex WHEREAS these advances constitute clusive, irrevocable, royalty-free license a vast national resource; and in the invention with power to grant WHEREAS it is fitting and proper that licenses for all governmental purposes, the inventive product of functions of the such reservation, in the terms thereof, Government, carried out by Government to appear, where practicable, in any employees, should be available to the patent, domestic or foreign, which may Government; and issue on such invention.
WHEREAS the rights of Government c In applying the provisions of para employees in their inventions should be graphs a and b, above, to the facts recognized in appropriate instances; and circumstances relating to the mak and ing of any particular invention, it shall WHEREAS the carrying out of the be presumed that an invention made by policy of this order requires appropriate an employee who is employed or assigned administrative arrangements :
i to invent or improve or perfect any NOW, THEREFORE, by virtue of the art, machine, manufacture, or composi authority vested in me by the Constitu tion of matter, ii to conduct or perform tion and statutes, and as President of the research, development work, or both, iii United States and Commander in Chief to supervise, direct, coordinate, or review of the armed forces of the United States, Government financed or conducted re in the interest of the establishment and search, development work, or both, or operation of a uniform patent policy for iv to act in a liaison capacity among the Government with respect to inven governmental or nongovernmental agen tions made by Government employees, it cies or individuals engaged in such work, is hereby ordered as follows:
or made by an employee included within 1.
The following basic policy is estab any other category of employees specified lished for all Government agencies with by regulations issued pursuant to section respect to inventions hereafter made by 4 b hereof, falls within the provisions any Government employee:
of paragraph a, above, and it shall be a The Government shall obtain the presumed that any invention made by entire right, title and interest in and to any other employee falls within the pro all inventions made by any Government visions of paragraph b, above. Either employee 1 during working hours, or presumption may be rebutted by the 2 with a contribution by the Govern facts or circumstances attendant upon ment of facilities, equipment, materials, the conditions under which any partic funds, or information, or of time or serv ular invention is made and, notwith ices of other Government employees on standing the foregoing, shall not pre official duty, or 3 which bear a direct clude a determination that the invention relation to or are made in consequence falls within the provisions of paragraph d next below.
of the official duties of the inventor.
d In any case wherein the Govern b In any case where the contribu tion of the Government, as measured by ment neither 1 pursuant to the proany one or more of the criteria set forth Continued on next page TITLE 3 THE PRESIDENT

CONTENTS
THE PRESIDENT
Executive Order
Inventions made by Government employees; providing, for uni form patent policy for Govern ment and for administration of such policy________________

Pase
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EXECUTIVE AGENCIES
Agriculture Department
See Commodity Credit Corpora tion ; Forest Service; Production and Marketing Administration.
Alien Property, Office of
Notices:
Vesting orders, etc.:
Azzolini, Giuseppina, et al__
Balducci, Unita___________
Boesl, Gisela_____________
Primer, Dusine Marie_______
Grabczewski, Feliks_______
Grumbach, Bertha________
Hopff, Mary______________
Rottenberg, Herman, et al__
Strauss, Hans____________ ,
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Child Labor Branch
See Wage and Hour Division.
Civil Aeronautics Board
Notices:
Golden North Airways, Inc.;
hearing_________________
Proposed rule making:
Airplane airworthiness, trans port categories____________

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405

Commodity Credit Corporation
Rules and regulations:
Dairy products; milk and butterfat price support program-

391

Federal Communications Com mission
Notices:
Statement of delegations of au thority-__________________
Rules and regulations:
Radio broadcast services; FM
broadcast stations________

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404

Federal Trade Commission
Rules and regulations:
Autonator Laboratories Co. et al.; cease and desist order__

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Forest Service
Notices:
National Forest Advisory Board of Appeals_______________
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