A total of 5,784 patent applications remained subject to invention secrecy orders at the end of Fiscal Year 17, according to new data provided by the US Patent and Trademark Office.
The secrecy orders, issued under the Invention Secrecy Act of 1951, restrict disclosure of patent applications considered to be “detrimental to national security” if published.
That total number was up slightly from the 5,680 secrecy orders that were in effect a year earlier.
Most existing patent secrecy orders are renewed year after year.
In FY17, there were 132 new secrecy orders that were imposed, and 28 existing orders that were rescinded, according to the US PTO data. There were 39 new “John Doe” orders imposed on private inventors who sought to patent inventions in which the government has no property interest.
Most invention secrecy applies to inventions involving technology relevant to military applications, but the full scope of the invention secrecy program is not described in public documents.
Commercial artificial intelligence tools have recently emerged that are able to produce police reports. If the resulting reports are inaccurate, incomplete or biased, or if the process leaks confidential information, this could undermine the criminal justice system and harm citizens.
Too often, affected patients, clinicians, and regulators cannot see how the system works, why a decision was made, or whether meaningful human oversight occurred.
Existing tools from other domains, such as existing robust public engagement processes in drug development, when applied to AI deployment can help strengthen public trust in these systems and enhance perceptions of their legitimacy and the decisions they produce.
With thoughtful policy action, it is still possible to build systems that are fair, transparent, and accountable, and to earn the public trust that will ultimately determine AI’s future. We hope policymakers are ready to act.