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35 U.S.C. § 204Preference for United States industry

submitted 46 years ago by Pub. L. 96-517 to r/title-35-PATENTS · 156 words · no verdicts yet

in plain englishAI-generated · not legal advice

A small business or nonprofit with a federally funded invention can't give away exclusive U.S. sales rights freely. The buyer must agree to make related products mainly in the United States. The funding agency can waive this rule if U.S. manufacturing isn't realistic.

No matter what else this chapter says, a small business or nonprofit that owns a "subject invention" — one made with federal funding — and no one it assigns the invention to, can give any person the exclusive right to use or sell that invention in the U.S., unless that person agrees to manufacture, substantially in the United States, any products that use or come from the invention. The federal agency that funded the invention can waive this rule case by case, if the small business, nonprofit, or its assignee shows it tried, but failed, to find a U.S.-manufacturing licensee on similar terms — or shows that manufacturing in the U.S. just isn't commercially realistic under the circumstances.
the actual law source: uscode.house.gov ↗public domain

Notwithstanding any other provision of this chapter, no small business firm or nonprofit organization which receives title to any subject invention and no assignee of any such small business firm or nonprofit organization shall grant to any person the exclusive right to use or sell any subject invention in the United States unless such person agrees that any products embodying the subject invention or produced through the use of the subject invention will be manufactured substantially in the United States. However, in individual cases, the requirement for such an agreement may be waived by the Federal agency under whose funding agreement the invention was made upon a showing by the small business firm, nonprofit organization, or assignee that reasonable but unsuccessful efforts have been made to grant licenses on similar terms to potential licensees that would be likely to manufacture substantially in the United States or that under the circumstances domestic manufacture is not commercially feasible.

Source credit: (Added Pub. L. 96–517, § 6(a), Dec. 12, 1980, 94 Stat. 3023.)

history & why it existsrecord from the source credit
  • 1980Enacted · Pub. L. 96-517 · 94 Stat. 3023

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

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