militarily useful patents

[tmi100]

My state is Maryland.

Sorry if this sounds overly far fetched but it relates to a problem and I'm curious. Could the US military somehow seize the rights to an invention if that invention was extremely militarily useful and the holder of the patent didn't want the military to have it?

For example, lets say a business method invention could halve the amount of US deaths in Iraq and prevent roadside bombs from going off and the military knew of the invention. If the patent-holder didn't want them to use the invention, could the military forcefully acquire it anyway, kind of like imminent domain? Thanks to anyone who knows.

[divgradcurl]

Originally Posted by tmi100

My state is Maryland.

Sorry if this sounds overly far fetched but it relates to a problem and I'm curious. Could the US military somehow seize the rights to an invention if that invention was extremely militarily useful and the holder of the patent didn't want the military to have it?

For example, lets say a business method invention could halve the amount of US deaths in Iraq and prevent roadside bombs from going off and the military knew of the invention. If the patent-holder didn't want them to use the invention, could the military forcefully acquire it anyway, kind of like imminent domain? Thanks to anyone who knows.

The answer is yes. See 28 U.S.C. 1498. This is essentially an emminent domain statute, which allows the government to authorize others to "infringe" a patent or copyright. This occurs most often when the government (usually the military, but not always) authorizes a contractor to build something under contract -- if that something infringes a patent or copyright, the contractor themselves is shieleded from liablity, and the patent or copyright owner's only recourse is to sue the government for the infringement. A patent is a property right, just like any other property right, and can be seized by the government for the public. You would be entitled to a reasonable royalty rate, although you might have to file suit in the Court of Federal Claims to obtain it.

In extreme cases (usually involving nuclear technology) the government will even step in and not allow the patent to issue, instead keeping in completely secret.

A patent is a property right, albeit one granted by the government. And what the government giveth, the government can taketh away.

I am disturbed at the thought of someone not wanting to allow the government to use an invention that could save hundreds or thousands of lives. That's just sick.