White House Press Release, Executive Order Number 9865

#1172 IMMEDIATE RELEASE JUNE 14, 1947 222 EXECUTIVE ORDER #9865 PROVIDING FOR THE PROTECTION ABROAD OF INVENTIONS RESULTING FROM RESEARCH FINANCED BY THE GOVERNMENT WHEREAS the Government of the United States now has and will hereafter acquire title to, or the right to file foreign patent appli- cations for, numerous inventi ons 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 protecti on abroad on certain inventions resulting from government- financed research; and WHEREAS it is in the interest of the Government to foster, promote, and develop 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 the United States and the internal management of the Government, it is hereby ordered as follows: 1. All Government departments and agencies shall, whenever practicable, acquire the right to file foreign patent applications 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 continously inform the Department of Commerce concerning such inventions, except as provided in Section 6 hereof, and shall make recommendations to the Department of Commerce as to which of such inventions should receive patent protection by the United States abroad and the foreign jurisdictions in which such patent protection should be sought. The recommendations of such departments and agencies shall indicate the immediate or future industrial, commercial or other value of the invention con- cerned, including 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 inven- tions, 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 consultation with United States industry and commerce, with the Department of State, and with other Government agencies familiar with the technical, scientific, industrial, commercial or other economic or social factors affecting the invention involved, and after consideration 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 thereunder in accordance with law under such rules and regulations as the Secretary of Commerce shall prescribe. Nationals of the United States shall be granted licenses on a non- exclusive royalty free basis except in such cases as the Secretary shall determine an proclaim it to be inconsistent with the public interest to issue such licenses on a nonexclusive royalty free basis. (OVER)