PRIA, Government Policy, Made Personal

Summary

Small businesses, nonprofits, or anyone they assign who own an invention must not give an exclusive U.S. license unless the person getting the license agrees to make the products using the invention largely in the United States. The federal agency that funded the work can waive this if the owner shows they tried but could not find U.S. manufacturers to license to, or if making the product in the U.S. is not commercially feasible.

Title 35, §204

Patents, Source: USLM XML via OLRC

Notwithstanding any other provision of this chapter, no small business firm or nonprofit organization which receives title to any subject invention and no assignee of any such small business firm or nonprofit organization shall grant to any person the exclusive right to use or sell any subject invention in the United States unless such person agrees that any products embodying the subject invention or produced through the use of the subject invention will be manufactured substantially in the United States. However, in individual cases, the requirement for such an agreement may be waived by the Federal agency under whose funding agreement the invention was made upon a showing by the small business firm, nonprofit organization, or assignee that reasonable but unsuccessful efforts have been made to grant licenses on similar terms to potential licensees that would be likely to manufacture substantially in the United States or that under the circumstances domestic manufacture is not commercially feasible.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective July 1, 1981, but implementing

Regulations

authorized to be issued earlier, see section 8(f) of Pub. L. 96–517, set out as an

Effective Date

of 1980 Amendment note under section 41 of this title.

§204 Preference for United States Industry

Summary

Title 35, §204

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Regulations

Effective Date

Citations & Metadata