Title 15 — Commerce and TradeRelease 119-73
§3710d Employee activities
Title 15 › Chapter CHAPTER 63— - TECHNOLOGY INNOVATION › § 3710d
Summary
An agency that won't patent or try to commercialize an invention it could own must let the current/former federal employee who invented it while employed obtain or keep ownership. The Government keeps a nonexclusive, nontransferable, irrevocable, paid‑up license to use it worldwide; the agency may require prompt patent filing if it may need the invention. Federal employees include "special Government employees" (18 U.S.C. 202).
Full Legal Text
Title 15, §3710d
Commerce and Trade — Source: USLM XML via OLRC
(a)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.
(b)For purposes of this section, Federal employees include “special Government employees” as defined in section 202 of title 18.
(c)Nothing in this section is intended to limit or diminish existing authorities of any agency.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Amendments
1996—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”.
Reference
Citations & Metadata
Citation
15 U.S.C. § 3710d
Title 15 — Commerce and Trade
Last Updated
Apr 6, 2026
Release point: 119-73