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Title 15 — Commerce and TradeRelease 119-73not60

§3710d Employee Activities

Title 15 › Chapter 63— TECHNOLOGY INNOVATION › § 3710d

Last updated Apr 3, 2026|Official source

Summary

If a federal agency decides it will not try to patent or help commercialize an invention made by a federal employee while working for the government, the agency must let that inventor get or keep ownership of the invention. The government still keeps a nonexclusive, nontransferable, irrevocable, paid-up license to use the invention worldwide. The agency can require the inventor to file a patent application on time if the government thinks it may need the invention. Federal employees include "special Government employees." This rule does not reduce any agency’s existing powers.

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 3, 2026

Release point: 119-73not60