§10308 — Title 42 The Public Health and Welfare | U.S. Code

Summary

The Secretary must follow the patent rules in sections 5908 (except subsections (l) and (n)) and 5909 about who owns and can license inventions from work done under this chapter. Under those rules, research paid for or authorized here must make all resulting information, data, and know‑how available for public use, except where the Secretary limits access for national defense.

Title 42, §10308

The Public Health and Welfare — Source: USLM XML via OLRC

Notwithstanding any other provision of law, the Secretary shall be governed by the provisions of section 5908 (except subsections (l) and (n)) and 5909 of this title with respect to patent policy and to the definition of title to and licensing of inventions made or conceived in the course of work performed, or under any contract or grant made, pursuant to this chapter. Subject to such patent policy, all research or development contracted for, sponsored, cosponsored, or authorized under authority of this chapter shall be provided in such manner that all information, data, and know-how, regardless of their nature or mediums, resulting from such research and development shall (with such exceptions and limitations, if any, as the Secretary may find to be necessary in the interest of national defense) be usefully available for practice by the general public.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 98–242, Mar. 22, 1984, 98 Stat. 97, known as the Water Resources Research Act of 1984, which is classified principally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 10301 of this title and Tables.

§10308 Patent Policy