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Title 15, Commerce and TradeRelease 119-110

§3710d Employee Activities

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

Last updated Sep 22, 2026|Official source

Summary

When a federal agency that owns or could own an invention made by a government worker decides it will not patent or try to sell the invention, the agency must let the inventor — a current or former government employee who made it while working for the government — take or keep ownership. The Government keeps the right to use the invention worldwide without extra payment; that right can’t be sold or taken away. The agency can require the inventor to file a patent on time if the Government thinks it may need to use the invention. "Federal employees" include "special Government employees" as defined in section 202 of title 18. This does not reduce any agency’s other legal powers.

Full Legal Text

Title 15, §3710d

Commerce and Trade, Source: USLM XML via OLRC

(a)In general
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)“Special Government employees” defined
For purposes of this section, Federal employees include “special Government employees” as defined in section 202 of title 18.
(c)Relationship to other laws
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

Sep 22, 2026

Release point: 119-110