35 U.S.C. § 210 — Precedence of chapter

submitted 46 years ago by Pub. L. 96-517 to r/title-35-PATENTS · 768 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law says which rules control who owns inventions that small businesses and nonprofits create under federal contracts. It lists older laws that must give way to this chapter, unless a newer law says otherwise. It also protects agency power over other contracts, intelligence secrecy, and one law that still beats this chapter.

(a) This chapter's rules win over other laws when they conflict about who owns inventions made by small businesses or nonprofits doing federally funded work. It names 21 older laws — covering things like farm programs, mine safety, atomic energy, arms control, and consumer product safety — that must yield to this chapter. If Congress later passes a law meant to override this chapter, that new law must say so specifically and name this Act. (b) This chapter doesn't change how those 21 laws, or any other law, control invention rights for work done by people who are NOT small businesses or nonprofits. (c) This chapter doesn't limit agencies' power to decide how invention rights are divided for contracts with people who are NOT small businesses or nonprofits. Agencies can still follow the Statement of Government Patent Policy from February 18, 1983, their own regulations, or other rules — and they can let those contractors keep their inventions. But every funding agreement, even with larger companies, must still include the specific requirements from section 202(c)(4) and section 203 of this chapter. Any invention-ownership decision already made under the Statement or its regulations — even one made before this section became law — is officially allowed. (d) This chapter can't be used to force disclosure of intelligence sources or methods. It doesn't change the power the Director of Central Intelligence has, by law or Executive order, to protect those sources and methods. (e) One law, the Stevenson-Wydler Technology Innovation Act of 1980, beats this chapter whenever the two conflict about invention rights.

the actual law source: uscode.house.gov ↗public domain

(a)

This chapter shall take precedence over any other Act which would require a disposition of rights in subject inventions of small business firms or nonprofit organizations contractors in a manner that is inconsistent with this chapter, including but not necessarily limited to the following:

(1)

section 10(a) of the Act of June 29, 1935, as added by title I of the Act of August 14, 1946 (7 U.S.C. 427i(a); 60 Stat. 1085); 1

(2)

section 205(a) of the Act of August 14, 1946 (7 U.S.C. 1624(a); 60 Stat. 1090);

(3)

section 501(c) of the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 951(c); 83 Stat. 742);

(4)

section 30168(e) ¹ of title 49;

(5)

section 12 of the National Science Foundation Act of 1950 (42 U.S.C. 1871(a); ¹82 Stat. 360);

(6)

section 152 of the Atomic Energy Act of 1954 (42 U.S.C. 2182; 68 Stat. 943);

(7)

section 20135 of title 51;

(8)

section 6 of the Coal Research and Development Act of 1960 (30 U.S.C. 666; 74 Stat. 337);

(9)

section 4 of the Helium Act Amendments of 1960 (50 U.S.C. 167b; 74 Stat. 920);

(10)

section 32 of the Arms Control and Disarmament Act of 1961 (22 U.S.C. 2572; 75 Stat. 634);

(11)

section 9 of the Federal Nonnuclear Energy Research and Development Act of 1974 (42 U.S.C. 5908; 88 Stat. 1878);

(12)

section 5(d) of the Consumer Product Safety Act (15 U.S.C. 2054(d); 86 Stat. 1211);

(13)

section 3 of the Act of April 5, 1944 (30 U.S.C. 323; 58 Stat. 191); ¹

(14)

section 8001(c)(3) of the Solid Waste Disposal Act (42 U.S.C. 6981(c); 90 Stat. 2829);

(15)

section 219 of the Foreign Assistance Act of 1961 (22 U.S.C. 2179; 83 Stat. 806);

(16)

section 427(b) of the Federal Mine Health and Safety Act of 1977 (30 U.S.C. 937(b); 86 Stat. 155);

(17)

section 306(d) of the Surface Mining and Reclamation Act of 1977 (30 U.S.C. 1226(d); 91 Stat. 455); ¹

(18)

section 21(d) of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2218(d); 88 Stat. 1548);

(19)

section 6(b) of the Solar Photovoltaic Energy Research Development and Demonstration Act of 1978 (42 U.S.C. 5585(b); 92 Stat. 2516); ¹

(20)

section 12 of the Native Latex Commercialization and Economic Development Act of 1978 (7 U.S.C. 178j; 92 Stat. 2533); and

(21)

section 408 of the Water Resources and Development Act of 1978 (42 U.S.C. 7879; 92 Stat. 1360).

The Act creating this chapter shall be construed to take precedence over any future Act unless that Act specifically cites this Act and provides that it shall take precedence over this Act.

(b)

Nothing in this chapter is intended to alter the effect of the laws cited in paragraph (a) of this section or any other laws with respect to the disposition of rights in inventions made in the performance of funding agreements with persons other than nonprofit organizations or small business firms.

(c)

Nothing in this chapter is intended to limit the authority of agencies to agree to the disposition of rights in inventions made in the performance of work under funding agreements with persons other than nonprofit organizations or small business firms in accordance with the Statement of Government Patent Policy issued on February 18, 1983, agency regulations, or other applicable regulations or to otherwise limit the authority of agencies to allow such persons to retain ownership of inventions except that all funding agreements, including those with other than small business firms and nonprofit organizations, shall include the requirements established in section 202(c)(4) and section 203. Any disposition of rights in inventions made in accordance with the Statement or implementing regulations, including any disposition occurring before enactment of this section, are hereby authorized.

(d)

Nothing in this chapter shall be construed to require the disclosure of intelligence sources or methods or to otherwise affect the authority granted to the Director of Central Intelligence by statute or Executive order for the protection of intelligence sources or methods.

(e)

The provisions of the Stevenson-Wydler Technology Innovation Act of 1980 shall take precedence over the provisions of this chapter to the extent that they permit or require a disposition of rights in subject inventions which is inconsistent with this chapter.

Source credit: (Added Pub. L. 96–517, § 6(a), Dec. 12, 1980, 94 Stat. 3026; amended Pub. L. 98–620, title V, § 501(13), Nov. 8, 1984, 98 Stat. 3367; Pub. L. 99–502, § 9(c), Oct. 20, 1986, 100 Stat. 1796; Pub. L. 103–272, § 5(j), July 5, 1994, 108 Stat. 1375; Pub. L. 104–113, § 7, Mar. 7, 1996, 110 Stat. 779; Pub. L. 105–393, title II, § 220(c)(2), Nov. 13, 1998, 112 Stat. 3625; Pub. L. 107–273, div. C, title III, § 13206(a)(16), Nov. 2, 2002, 116 Stat. 1905; Pub. L. 109–58, title X, § 1009(a)(2), Aug. 8, 2005, 119 Stat. 934; Pub. L. 111–314, § 4(c), Dec. 18, 2010, 124 Stat. 3440; 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. 3026
1984Amended · Pub. L. 98-620 · 98 Stat. 3367
1986Amended · Pub. L. 99-502 · 100 Stat. 1796
1994Amended · Pub. L. 103-272 · 108 Stat. 1375
1996Amended · Pub. L. 104-113 · 110 Stat. 779
1998Amended · Pub. L. 105-393 · 112 Stat. 3625
2002Amended · Pub. L. 107-273 · 116 Stat. 1905
2005Amended · Pub. L. 109-58 · 119 Stat. 934
2010Amended · Pub. L. 111-314 · 124 Stat. 3440
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.

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