35 U.S.C. § 204 — Preference for United States industry
submitted 46 years ago by Pub. L. 96-517 to r/title-35-PATENTS · 156 words · no verdicts yet
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.
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.)
- 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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