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HALPERN v. UNITED STATES

No. 352, Docket 24701.

258 F.2d 36 (1958)

Otto HALPERN, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided August 4, 1958.

Attorney(s) appearing for the Case

Raymond J. McElhannon, New York City (Joseph M. Fitzpatrick, New York City, Ward, Neal, Haselton, Orme & McElhannon, New York City, of counsel), for plaintiff-appellant.

Paul W. Williams, U. S. Atty., S. D. N. Y., New York City (Morton S. Robson, Asst. U. S. Atty., New York City, of counsel), for defendant-appellee.

Before HINCKS and WATERMAN, Circuit Judges, and RYAN, District Judge.

WATERMAN, Circuit Judge.

The Invention Secrecy Act of 1951, 35 U.S.C. §§ 181-188, provides for nondisclosure of information contained in patent applications when certain officials of the United States believe that disclosure would be inimical to the national interest. The result is that the inventor does not receive a patent until the necessity for secrecy ceases and hence he is unable to exploit the fruits of his labor. In order to protect the inventor...

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