15 U.S.C. § 3710d
If a Federal agency which has ownership of or the right of ownership to an invention made by a Federal employee does not intend to file for a patent application or otherwise to promote commercialization of such invention, the agency shall allow the inventor, if the inventor is a Government employee or former employee who made the invention during the course of employment with the Government, to obtain or retain title to the invention (subject to reservation by the Government of a nonexclusive, nontransferrable, irrevocable, paid-up license to practice the invention or have the invention practiced throughout the world by or on behalf of the Government). In addition, the agency may condition the inventor's right to title on the timely filing of a patent application in cases when the Government determines that it has or may have a need to practice the invention.
For purposes of this section, Federal employees include "special Government employees" as defined in section 202 of title 18.
Nothing in this section is intended to limit or diminish existing authorities of any agency.
15 U.S.C. § 3710d
EDITORIAL NOTES
AMENDMENTS1996-Subsec. (a). Pub. L. 104-113 substituted "ownership of or the right of ownership to an invention made by a Federal employee" for "the right of ownership to an invention under this chapter" and inserted "obtain or" before "retain title to the invention".
- Federal agency
- "Federal agency" means any executive agency as defined in section 105 of title 5 and the military departments as defined in section 102 of such title, as well as any agency of the legislative branch of the Federal Government.
- Invention
- "Invention" means any invention or discovery which is or may be patentable or otherwise protected under title 35 or any novel variety of plant which is or may be protectable under the Plant Variety Protection Act (7 U.S.C. 2321 et seq.).