Barred by Atomic Energy Act

A limitation on what can be patented is imposed by the Atomic Energy Act

of 1954. Section 151(a) (42 U.S.C. 2181(a)) thereof reads in part as follows:

No patent shall hereafter be granted for any invention or discovery

which is useful solely in the utilization of special nuclear material or atomic energy

in an atomic weapon.

The terms “atomic energy” and “special nuclear material” are defined in

Section 11 of the Act (42 U.S.C. 2014).

Sections 151(c) and 151(d) (42 U.S.C. 2181(c) and (d)) set up categories

of pending applications relating to atomic energy that must be brought to the attention

of the Department of Energy. Under

37 CFR 1.14(d)

, applications for

patents which disclose or which appear to disclose, or which purport to disclose,

inventions or discoveries relating to atomic energy are reported to the Department of

Energy and the Department will be given access to such applications, but such reporting

does not constitute a determination that the subject matter of each application so

reported is in fact useful or an invention or discovery or that such application in fact

discloses subject matter in categories specified by the Atomic Energy Act.

All applications received in the U.S. Patent and Trademark Office are

screened by Licensing and Review personnel, under

37 CFR 1.14(d)

, in order for the

Director to fulfill his or her responsibilities under section 151(d) (42 U.S.C. 2181(d))

of the Atomic Energy Act. Papers subsequently added must be inspected promptly by the

examiner when received to determine whether the application has been amended to relate

to atomic energy and those so related must be promptly forwarded to Licensing and

Review.

All rejections based upon sections 151(a) (42 U.S.C. 2181(a)), 152 (42

U.S.C. 2182), and 155 (42 U.S.C. 2185) of the Atomic Energy Act must be made only by

Licensing and Review personnel.

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