ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

35 U.S.C. § 207Domestic and foreign protection of federally owned inventions

submitted 46 years ago by Pub. L. 96-517 to r/title-35-PATENTS · 263 words · no verdicts yet

in plain englishAI-generated · not legal advice

Federal agencies can patent, license, and manage inventions the government owns a stake in, both in the U.S. and abroad. The Secretary of Commerce helps agencies license and protect these government-owned inventions, including in foreign countries.

(a) What each federal agency may do. Every federal agency is allowed to: (1) apply for, get, and keep patents or similar legal protection, in the U.S. and other countries, on inventions the federal government owns or has a stake in; (2) grant licenses to use those inventions — exclusive, partly exclusive, or open to many licensees — either for free or in exchange for royalties or other payment, on terms the agency sets, including letting a licensee enforce the patent; (3) take any other reasonable steps needed to protect and manage rights in these inventions, on the government's behalf, directly or through a contractor — including collecting royalties owed to the government — but only when the other party voluntarily agrees, and only to help license the invention; and (4) hand over some or all of its custody and management of an invention's rights to a different federal agency. (b) The Secretary of Commerce's role. To help make sure government-owned inventions are managed well, the Secretary of Commerce is authorized to: (1) help federal agencies license and put government-owned inventions to use; (2) help agencies get and keep patent protection in foreign countries, including paying the related fees and costs; and (3) advise and consult with agencies about which areas of science and technology have the most potential for commercial use.
the actual law source: uscode.house.gov ↗public domain
(a)

Each Federal agency is authorized to—

(1)

apply for, obtain, and maintain patents or other forms of protection in the United States and in foreign countries on inventions in which the Federal Government owns a right, title, or interest;

(2)

grant nonexclusive, exclusive, or partially exclusive licenses under federally owned inventions, royalty-free or for royalties or other consideration, and on such terms and conditions, including the grant to the licensee of the right of enforcement pursuant to the provisions of chapter 29 as determined appropriate in the public interest;

(3)

undertake all other suitable and necessary steps to protect and administer rights to federally owned inventions on behalf of the Federal Government either directly or through contract, including acquiring rights for and administering royalties to the Federal Government in any invention, but only to the extent the party from whom the rights are acquired voluntarily enters into the transaction, to facilitate the licensing of a federally owned invention; and

(4)

transfer custody and administration, in whole or in part, to another Federal agency, of the right, title, or interest in any federally owned invention.

(b)

For the purpose of assuring the effective management of Government-owned inventions, the Secretary of Commerce is authorized to—

(1)

assist Federal agency efforts to promote the licensing and utilization of Government-owned inventions;

(2)

assist Federal agencies in seeking protection and maintaining inventions in foreign countries, including the payment of fees and costs connected therewith; and

(3)

consult with and advise Federal agencies as to areas of science and technology research and development with potential for commercial utilization.

Source credit: (Added Pub. L. 96–517, § 6(a), Dec. 12, 1980, 94 Stat. 3023; amended Pub. L. 98–620, title V, § 501(11), Nov. 8, 1984, 98 Stat. 3367; Pub. L. 106–404, § 6(2), Nov. 1, 2000, 114 Stat. 1745; Pub. L. 112–29, § 20(j), Sept. 16, 2011, 125 Stat. 335.)

history & why it existsrecord from the source credit
  • 1980Enacted · Pub. L. 96-517 · 94 Stat. 3023
  • 1984Amended · Pub. L. 98-620 · 98 Stat. 3367
  • 2000Amended · Pub. L. 106-404 · 114 Stat. 1745
  • 2011Amended · Pub. L. 112-29 · 125 Stat. 335

A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-517 on 1980-12-12.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case