US-Greece Agreement on Filing of Classified Patent ...

.ements [11 uST

? and South-

settle any problem rhe present arrange-

,visions shall be imwith applicable laws

c g to be good enougll f of the Government zst that this Note and rmation be considered o Governments, effecin reply. K to Sour Excellency, ;highest consideration.

,chiro Fujiyama n Affairs of Japan"

the Government of the

set forth in Sour EX-

cv's Sote, together mith .[keen the t r o Governiv. a:mces of my highest

GREECE

Interchange of Patent Rights and Technical Information for Defense Purposes: Filing Classified P a t e n t Applications

. Agreement e m e d by d a n g e of notes Signed at Ahens April 26, 1960; Entered into force April 26, 1960.

T h e d ~ n e r i c n ndmbassndor to fhe Greek .lfini,qter for Foreign Affair8

EXCELLEX:CY I have the honor to refer to the Agreement between the Government

of the United States of America and the Government of Greece to Facilitate Interchange of Patent Rights and Tecl~nicalInformation for Defense Purposes, \rhich was signed in Athens on June 16, 10%,[l] and to the discussions between representatives of our two Governments regnrding procedures for the reciprocnl filing of classified patent npplications under the terms of Articles I11 and V I of this Agreement. I attach a copy of the procedures prepared during the course of these discussions and agreed to by these representatives.

I am no\\- instructed to inform you that the enclosed procedures hnve been a,peed to by t.he Government of the Vnited States of America. I \vould appreciate it if you would confirm that they are also acceptable to Four Government. L-pon receipt. of such confirmation, my Government will consider that these procedures shall thereafter govern the reciprocal filing of classified patent applications, in accordance with the terms of the aforesaid Agreement.

Please accept, Excellency, the r e n e ~ e dassurances of my highest considerat ion.

Enclosure : Copy of Procedures.

His Excellency If. Ev,\~c.rrer.os- \ ~ - ~ ~ o ~ ~ - T n s s ~ z z a ,

-Xini.~terfor Foreign Affnir.7. Afhcns.

TIAS 3288 ; 6 UST 2173.

U.S. Treaties and Other International Agreements

PROCEDURES FOR RECIPROCAL FILING OF CLASSIFIED PATENT APPLICATIONS IN THE UNITED STATES OF AXIERICA AND GREECE

1. General

The follo~vi~ipgrocedui.es are in implementation of Article 111of the -1greement. between tlie Government of the United States of Xmeric;~and tlle Government of Greece to Facilitate Interchange of Patent Rights and Technical Information for Defense Purposes which wns signed and entered into force on J u n e 16, 1955. Tlie purpose of these procedures is to facilitate the filing of patent applications in. volving classified subject matter of defense interest, by inventors of one country in tlie other c.ountry, and to guarantee adequate security in such other country f o r the inventions disclosed by such applications. These procedures are based upon the following understandings with respect.to basic security requirements:

( a ) Each Government has authority within its jurisdiction to impose secrecy on an invention,of defense interest ~ h i c hit considers to involve classified subject.matter.

( b ) T h e authority of each Government, \rhen acting as tlie originating Government, to impose, modify o r remove secrecy orders shall be exirc.ised only a t the request, or with the concurrence. of national defense officials of that (Government, or pursuant. to criteria est:rblished by national defense agencies, of that Government.

( c ) Secrecy orders sliall apply to the subject mat.ter of the inventions concerned, and pl-ohibit unautllorized disclosure of tlie same b! all persons having access thereto.

( d ) Adequate physical security arrangements shall be provided iu all Goveniment departments, illcluding Patent Offices, handling inrentions of defense interest and all persons in these departments and offices required to handle such inrentions shall have bee11 security cleared.

(e) Each Government shall take all possible steps to prevent unauthorized foreign filing of patent applications which may involve classified subject,matter of defense interest.

( f ) Permission f o r foreign filing of n patent applicatio~linvolving classified subject matter of defense interest shall remain discretioriarp with each Government.

(g) Tlle recipient Government shall assign to the invention involved a classiticntion correspollcling that given in the countq- of origin and shall take etfective mmsures to provide security protect ion :ippropriate to such classification.

(11) Where patent applications covered by n secrecy order :Ire handled by patent agents o r attonieys in private prnctice. a r n l n p ments sllnll be made for the security clearance of these agents or sttor-

TIAS 4476

at ion of Brticle IIC of the United States of ~cilitateInterchange of Defense Purposes which , 1955. The purpose of patent applications in:~terest,by inventors of .antee adequate security -ed by such applications. ng understandings with

n its jurisdiction to im?st. mhich it considels t o

-1ren acting as the oripilove secrecy orders shall concurrence, of national irit to criteria established ~nent. w t mat.ter of the invenisclosure of the same by

hnt. I I be provided in - ~ n es, handling inn t,. departments and ;hall hnve been security

ble steps to prevent unions which may iurrolve

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.. .

.11ta p p l i c ~ t i o ninvolving 1:111 remain discretior~nry =

. ..

to the invention involved !P country of origin and !.urity protection appro-

by a secrecy order are lrivate practice. armngee of these agents o r attor-

-,, ~ ~ ~ ~ ~ e - l n t e r c honf nPgoteent Rights, Etc.--.ipr. 26'. /$(jf) 1391

/ CSTI

]nleaynsdalilnldg

such

of their emplotees who niny Ile il~~.ol\.eptrlior to tlleir applications or iliformatioli rel:~tillgtI~e1~e:IrS0,

.ufor adequate p l l ~ s i s~ecl urity menslurs in tlleir oficles.

' (i) when secrecy has been imposed on all ili\-el~tioriill oile eoiilltry

the inventor has been given permission to apply for :t I,;tretlt ill

the other country, all communications repnrdiiig tlie ci;lssitied ;lsl)e,:ts

of tile jnvelltion shall p;lss tllrough dipIonl:ltic or c)tIler sev,lre

channels.

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United States

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The foll~\vi1~pgrovisions shall apply \\.lien, for defense purposes,

cnited States pntent :~pplicationhas been placed ill s e c l p v ullder

the provisions of Title 35. l-nited States Code, $ectioll l d l , [ l ] and tile

applimnt \\-ishe to file a correspol~dingapplic:~tiollill C;lpece:

(), The applicant shall petition the United States Conlmissioner

of Patents for modification of the secrecy order to permit filing in

c;-

This petition \rill be prepared in conformance wit.11 pam-

,ph 5.5 of Part 5, Title 37: Code of Federal Regulations, the pro-

:isions of which are incorporated herein by mference.

( b ) Permission to file a classified patent application in Greece is

upon the applicant agreeing to :

(1) Make the invention involved and such information relating t.hereto as may be necessary for its proper e\-aluation for defense purposes available to the Greek Goveninlelit for purposes of defense ;

(2) Waive any right to compensation for d:lmage n-hicll l~iiglit arise under the laws of Greece by virtue of the mere inlposition of secrecy on his invention in Greece, but reser~iiigany right of action for compensation provided by the la\!-s of Greece for use by the Greek Gar-ernnient of the invention disclosed by the application or for unauthorized disclosure of the invention in Greece.

(c) Upon obtaining permission to file in Greece, the applicant sllall f o r ~ a r dthe tlocuments for the Greek npplicntion to the clefense agency which initiated the secrecy order.

( d ) The defense agency shall transmit. tlirougl1 dip10111:lticcliannels, the documents received from the applic:ult, simultaneously, as follows :

(1) One copy to the Military Alttnclien t the Greek Enlb:lsy in the United States for use by the Greek Gor.erli~iientfor

defense purposes : and

--

'fUJ Stat. 805.

1392

U.S. Treaties and Olher International Agreements [11 UST

(2) One copy to the appropriate section of the -1merican Embassy in Greece. Ttie letter transmittilig the documents to the American Embassy in Greece sllall indicate the security classific,ztion given to the application in the C'nited States: state that the invention il~volvetlnlld such information relating thereto as was necessary for its proper evaluation for defense purposes has been made available to the Greek Government for purposes of defense, and state that the applicant has authorization to file a corresponding application in Greece under the provisions of Title 35, United

* States Code, Section 181. It shall also include instructions for the Embassy to inquire of appropriate Greek Ministy of National Defense officials as to ~ h e t l i e rthe Greek at-

, torney designated by the applicant is security cleared in

accordance i ~ i t hthe provisions of subparagraph 1( h )

(e) I f the designated attorney is not security cleared, the Greek Ministry of National Defense shall so inform the appropriate section of the American Embassy, which shall f o m n r d such information t o the United States defense apency which initiated the secrecy order. It shall then be necessary for the desigated attorney to become security cleared, if time permits, or for the patent applicant to select another attorney and submit his name throngh tlie United States defense agency to the American Embassy in Greece.

( f ) When a securitg cleared patent attorney has been designated, the Embassy shall transmit the documents to the appropriate Greek Ministry of Xational Defense officials who will notify the patent attorney of the availability of the documents for processing.

( g ) -After completion of the necessary processing of the documents by the patent attorney under Jlinistry of Sntional Defense Control, the appropriate Greek J f i n i s t ~o~f Sntio~lalDefense officials shall then file the application in the (:reek Patent Office, mid notifr the patent attorney of the serial number and filing date of tlie Greek application.

( h ) The Go\-ernmelit of Greece slinll then place tlie ilpplication in

secrecy. ( i ) The applicant shall submit as sooil as possible to tlie initiating

agency the serial llumber and filing date of the foi'eign application.

The following provisions shall apply when. for defei~sepurposes, a Greek patent application involving clnssitied subject n u t t e r of defense interest has been placed in secrecy ~inderthe provisions of (;reek law, and the app1ic:~nt~\-ishesto file :L 1-orrcspo~ldii~agpplication in the United States:

a1 Agreements [11 UST

i f

o f . .lmerican

tir. rle documents indicate the

.:i .n the United I rind such iinformar its proper evaluade available to the ense. and state that L corresponding a p of Title 35, United include instructions .ate Greek Jlinistrp ltller the Greek atsecurity cleared in ubpara,graph 1(h),

cleared, the Greek appropriate section such information t o 1 the secrecy order. attorney to become t applicant to select tlie United States

?.

las been designated, ! appropriate Greek 1 notify the patent

,~x?."d"'wuments IT ' e n s Control,

officials shall fice, :u1d notify the ; date of the Greek

.e tlie ilpplicatiou in

ible to tGe initiating reign application.

L

)r defense purposes, ul~jectmatter of deprovisions of Greek d i n g ttpplication in

~l~~ applicant siiall send a written request to the Greek JIinister

sational Defense asking permission to file such an application in

the united States.

it,)permission to file classified patent application ill tile United

L qbt,

be conditio~~unplon the applicant agreeing to:

(1)

)lake the inrention involved and such information relating thereto as may be necesar;v for its proper evaluation for

defense purposes available to the Gnited States Government

for purposes of defense :

\Vnive any right to compensation for damage wilich might under the laws of the United States by virtue of the

Inere imposition of secrecy on his invention in the United states, but reserving any right of action for compensation provided by the laws of the United States for use by the cnited States Governnlent of the invention disclosed by the application o r for unauthorized disclosure of the invention in the United States.

(c) Gpon obtaining permision to file in the Vnited States, the applicant shall fornard to tlie Greek Ministry of Sational Defense, four

of the United States patent application, all in co~lformance ,ith Greek security regulations.

(d) The Greek Ministry of Sational Defense shall retain one copy and transmit, through diplomatic cllannels, the remaining documents received from tlie applicant. simultaneousl~a,s follorrs:

(1) One copy to the J l i l i t a ~Attache in the American Embassy in Greece for use by tile L7nited States Government for defense purposes: and

(3) Trro copies to the Jlilitary Attache a t the Greek Embnssy in the v ~ ~ i t eSdtates. The letter transmitting the docunienrs to the Military -1ttache a t the Greek Embassy in the Gnited States shall indicnte the security classification given to tlle npplicr~tionor pntent. in Greece and s t a h that the invention involved 2nd such informst ion relating thereto as \vas necessary for its proper evaluation for defense purposes has been made available to tile l-nited States Government for purposes of defense, in accordance v i t h provisions of Title 35, Iiilited States Code, Section 131-113, inclusive. I t shnll also include instnictions for the Jlilitarp -httnclie to inquire of the Secretary, Armed Senices Patent Advisory Bo:~rd,Patents Division, Office of the Judge Advocate General. Department of the Army, 1Y:lshington 25, D.C., as to w11et.her the ~Imericanattorney or aqent designated by the applicant is security cleared in :\ccordance with tlle

provisions of subpamgraph 1( h ),supra.

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