Whereas both American industrial development and our people generally have greatly benefited by the products of American inventive genius; And Whereas it is essential even in time of war to plan for a full utilization of the nation's expanded industrial capacity with the return of peace, a problem to which the inventive genius of our citizens can be applied at this time and which also required a study to be made of our existing patent laws and procedure, together with other appropriate action, by a commission familiar with the problems of science, industry, agriculture, labor, and the consumer; Now, Therefore , by virtue of the authority vested in me as President of the United States, I do hereby order as follows: 1: There is hereby established the National Patent Planning Commission consisting of five members to be appointed by the President. 2: The Commission is authorized, in conjunction with the Department of Commerce, to conduct a comprehensive survey and study of the American patent system, and consider whether the system now provides the maximum service in stimulating the inventive genius of our people in evolving inventions and in furthering their prompt utilization for the public good; whether our patent system should perform a more active function in inventive development; whether there are obstructions in our existing system of patent laws, and if so, how they can be eliminated; to what extent the Government should go in stimulating inventive effort in normal times; and what methods and plans might be developed to promote inventions and discoveries which will increase commerce, provide employment, and fully utilize expanded defense industrial facilities during normal times. 3: The Commission may appoint such officers, committees and subcommittees as it may deem necessary to carry out its functions. 4: The members of the Commission and of such committees and subcommittees as may be formed by it shall serve as such without compensation but shall be entitled to actual and necessary transportation, subsistence, and other expenses incidental to the performance of their duties. 5: The Commissioner of Patents and his office will assist the Commission, which is also authorized to call upon other offices and agencies of the Government for such aid and information as may be deemed necessary for its work. 6: The Commission shall report the results of such investigations and studies to the President, together with its recommendations. FRANKLIN D ROOSEVELT The White House, December 12, 1941.
Executive Order 8977—Establishing the National Patent Planning Commission
Executive Brief • At a Glance
Order as follows: 1: There is hereby established the National Patent Planning Commission consisting of five members to be appointed by the President. 2: The Commission is authorized, in conjunction with the Department of Commerce, to conduct a comprehensive survey and study of the American patent system, and consider whether the system now provides the maximum service in stimulating the inventive genius of our people in evolving inventions and in furthering their prompt utilization for the public good; whether our patent system should perform a more active function in inventive development; whether there are obstructions in our existing system of patent laws, and if so, how they can be eliminated; to what extent the Government should go…
Plain-English Translation & Framers' Constitutional Analysis
Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.
Signed by President Franklin D. Roosevelt on December 12, 1941, this order concerns Establishing the National Patent Planning Commission. Order as follows: 1: There is hereby established the National Patent Planning Commission consisting of five members to be appointed by the President. 2: The Commission is authorized, in conjunction with the Department of Commerce, to conduct a comprehensive survey and study of the American patent system, and consider whether the system now provides the maximum service in stimulating the inventive genius of our…
Key Directives & Operative Actions
Order as follows: 1: There is hereby established the National Patent Planning Commission consisting of five members to be appointed by the President. 2: The Commission is authorized, in conjunction with the Department of Commerce, to conduct a comprehensive survey and study of the American patent system, and consider whether the system now provides the maximum service in stimulating the inventive genius of our people in evolving inventions and in furthering their prompt utilization for the public good; whether our patent system should perform a more active function in inventive development; whether there are obstructions in our existing system of patent laws, and if so, how they can be eliminated; to what extent the Government should go…
Constitutional & Societal Entities Impacted
Policy Areas & Topics
The Framers' Constitutional Council
1787 PrismEvaluating this order against the constitutional debates of 1787 and the limits of Article II executive power.
"When the President acts in absence of either a congressional grant or denial of authority, he can only rely upon his own independent powers, but there is a zone of twilight in which he and Congress may have concurrent authority."
James Madison
Separation of Powers & Legislative Primacy
"Power is of an encroaching nature, and it ought to be effectually restrained from passing the limits assigned to it." — Federalist No. 48 (1788)
Madison would view this order with watchful scrutiny. Operating in the 'Zone of Twilight' where Congress is silent, each such directive establishes an administrative precedent that steadily expands the executive perimeter at the expense of legislative primacy.
Alexander Hamilton
The Energetic Executive & Unified Command
"The direction of war implies the direction of the common strength; and the power of directing and employing the common strength must be under the direction of the single hand of the Executive." — Federalist No. 74 (1788)
Hamilton would forcefully champion executive discretion here. For foreign entanglements, commerce defense, and national security, deliberative assemblies are too slow and faction-ridden. A unified, energetic Executive exercising swift command is precisely what the Philadelphia Convention intended for national preservation.
George Mason
Bill of Rights, Due Process & 10th Amendment
"The president will be surrounded by flatterers and sycophants... and the great powers of the executive will gradually absorb the liberties of the people." — Cato IV (Anti-Federalist, 1787)
The Anti-Federalist prism advises continuous democratic vigilance. Even routine administrative directives aggregate centralized federal power away from town halls and state assemblies toward a distant executive apparatus.
Five Measurable "Constitutional Friction" Dimensions
An objective audit measuring potential separation-of-powers tension against the United States Constitution and established Supreme Court doctrine.
Legislative Encroachment & Purse
Operates within delegated statutory execution without modifying legislative appropriations or taxing powers.
Executive Scope & Faithfulness
Exercises standard supervisory executive authority to faithfully execute existing statutes.
Federalism & State Sovereignty
Engages state and local partners in cooperative federalism programs.
Due Process & Individual Rights
Applies regulatory or compliance standards to private contractors or commercial entities.
Youngstown Jacksonian Tier
The order relies on inherent Article II executive discretion, civil service management, or foreign diplomacy where Congress has neither expressly approved nor prohibited action.
This order operates within Justice Jackson’s Zone of Twilight, resting upon concurrent presidential authority or congressional silence.
Referenced By Later Executive Orders (2)
Subsequent presidents who cited, amended, continued, or revoked this directive in later orders.
Scholarly & Legal Citations
Exec. Order No. 8977 (Dec. 12, 1941), https://executiveordersarchive.org/orders/app-executive-order-8977-establishing-the-national-patent-planning-commission.