Notes of Decisions.

Failure to prosecute application and effect thereof.-An inventor can not without cause hold his application pending during a long period of years, leaving the pub

lic uncertain whether he intends ever to prosecute it. Woodbury Patent Planing Mach. Co. v. Keith (1879), 101 U. S. 479, 25 L. Ed. 939.

1016. Inventions kept secret in time of war. That whenever during a time when the United States is at war the publication of an invention by the granting of a patent might, in the opinion of the Commissioner of Patents, be detrimental to the public safety or defense or might assist the enemy or endanger the successful prosecution of the war he may order that the invention be kept secret and withhold the grant of a patent until the termination of the war: Provided, That the invention disclosed in the application for said patent may be held abandoned upon it being established before or by the commmissioner that in violation of said order said invention has been published or that an application for a patent therefor has been filed in a foreign country by the inventor or his assigns or legal representatives, without the consent or approval of the Commissioner of Patents, or under a license of the Secretary of Commerce as provided by law. Act of Oct. 6, 1917 (40 Stat. 394).

See 2904, post, being sec. 10 of the trading with the enemy act, to like effect. 1017. Compensation to inventors.-When an applicant whose patent is withheld as herein provided and who faithfully obeys the order of the Commissioner of Patents above referred to shall tender his invention to the Government of the United States for its use, he shall, if and when he ultimately received a patent, have the right to sue for compensation in the Court of Claims, such right to compensation to begin from the date of the use of the invention by the Government. Act of Oct 6, 1917 (40 Stat. 395).

1018. Inventions used by the United States without license. That whenever an invention described in and covered by a patent of the United States shall hereafter be used or manufactured by or for the United States without license of the owner thereof or lawful right to use or manufacture the same, such owner's remedy shall be by suit against the United States in the Court of Claims for the recovery of his reasonable and entire compensation for such use and manufacture: Provided, however, That said Court of Claims shall not entertain a suit or award compensation under the provisions of this Act where the claim for compensation is based on the use or manufacture by or for the United States of any article heretofore owned, leased, used by, or in the possession of the United States: Provided further, That in any such suit the United States may avail itself of any and all defenses, general or special, that might be pleaded by a defendant in an action for infringement, as set forth in Title Sixty of the Revised Statutes, or otherwise: And provided further, That the benefits of this Act shall not inure to any patentee who, when he makes such claim, is in the employment or service of the Government of the United States, or the assignee of any such patentee; nor shall this Act apply to any device discovered or invented by such employee during the time of his employment or service. Act of June 25, 1910 (36 Stat. 851), as amended by act of July 1, 1918 (40 Stat. 705).

That portion of this paragraph as originally enacted, which differed from the enactment of July 1, 1918, was as follows:

"Whenever an invention described in and covered by a patent of the United States shall hereafter be used by the United States without license of the new owner thereof or lawful right to use the same, such owner may recover reasonable compensation for

such use by suit in the Court of Claims: Provided, however, That said Court of Claims shall not entertain a suit or reward [award] compensation under the provisions of this act where the claim for compensation is based on the use by the United States of any article heretofore owned, leased, used by, or in the possession of the United States." The rest of this paragraph is similar to the act of June 25, 1910 (36 Stat.

851).

Notes of Decisions.

Purpose of statute.-The purpose of the statute is to give further security to the rights of patentees by permitting suit and recovery of compensation in the Court of Claims in those cases where their inventions are availed of for the benefit of the United States by officials of the Government, in

dealing with subjects within the scope of their authority, but under circumstances not justifying the implication of contract with the patentees. Cramp & Sons v. Curtis Turbine Co. (1917), 246 U. S. 28; Marconi Wireless Telegraph Co. of America v. Simon (1917), 246 U. S. 46.