There were 5,023 invention secrecy orders in effect at the end of FY 2008, up slightly from last year’s total of 5,002.
Under the Invention Secrecy Act of 1951, secrecy orders are applied by government agencies to patent applications that may be “detrimental to national security.” The patent is withheld, and the invention described in the application is subject to various degrees of restriction, depending on its sensitivity, from export controls to national security classification.
Last year, 68 new secrecy orders were imposed, while 47 were rescinded, according to statistics released by the U.S. Patent and Trademark Office in response to a Freedom of Information Act request from the Federation of American Scientists.
The specific nature of the currently restricted inventions is, of course, not published. But it is possible to get information about dozens of patent applications that were formerly subject to secrecy orders that were later rescinded.
A list of secrecy orders rescinded in 2005-2006 (pdf), by application number, was released in response to a FOIA request from researcher Michael Ravnitzky.
A description of each formerly restricted application can be found by searching the application number on the Patent Office web site. Thus, the first invention on the list was described as a “rocket engine chamber with layered internal wall channels.”
The public rarely sees the quiet, often messy work that goes into creating, passing, and implementing a major piece of legislation like the CHIPS and Science Act.
If this proposed rule were enacted it would have deleterious effects on government workers in general and federal researchers and scientists, specifically.
When we introduce “at-will” employment to government employees, we also introduce the potential for environments where people are more concerned about self-preservation than service to others.
There is no better time to re-invigorate America’s innovation edge by investing in R&D to create and capture “industries of the future,” re-shoring capital and expertise, and working closely with allies to expand our capabilities while safeguarding those technologies that are critical to our security.