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Secret Patents



Secret Patents
by Michael Ravnitzky, mikerav@ix.netcom.com

The Office of the Judge Advocate General of the Army administers a little
known program that seizes control of private inventions that fall into
certain pre-determined categories.  This program is governed by the
Invention Secrecy Act, passed by Congress decades ago and still going
strong.  The Defense Department and the Justice Dept have selected a series
of subject categories that comprise sensitive military functions.  This list
is called the Patent Security Category Review List, or PSCRL.

About three percent of all patent applications fall into the selected
categories and are reviewed by the military as well as the Justice
Department.  About five to ten percent of those reviewed applications are
placed under government control.  Although these inventions are supposed to
be reviewed annually for re-release to the inventor, some of the thousands
of inventions in the program have been in government hands for forty years.
Some inventors are dissatisfied with the administration of this program.

The Patent Secrecy Category Review List List was released to me in November
1994 in response to a Freedom of information Act request.  A copy of this
1994 PSCRL list is available from the Federation of American Scientists for
a small duplication fee.

Steven Aftergood
Project on Government Secrecy
Federation of American Scientists
307 Massachusetts Avenue, NE
Washington, DC 20002
(202)675-1012 voice
(202)675-1010 fax

You can also get an updated PSCRL by writing to the Judge Advocate General's
Office, and requesting a copy under the Freedom of Information Act, and
enclosing a copy of the 1994 list with your request.

The Judge Advocate General also maintains a file of documents concerning the
Patent Security Category Review List that they will review and release in
response to a FOIA request.  They also have statistics on the inventions
that are being kept secret, and the duration of this control.  The contact
address is:

Judge Advocate General of the Army
Attn:  Alan P. Klein, Intellectual Property Counsel of the Army
901 North Stuart Street
Arlington, VA  22203-1837
703-696-8113

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