§20135 Property Rights in Inventions

Summary

When someone creates an invention while working under a contract for the Administration, the United States can own that invention if the Administrator finds it is tied to the work or duties the person was hired or assigned to do, or if the invention was made with government help like facilities, equipment, money, information, or employee time. That can apply whether the maker was an employee or not, if the invention is related to the contract and was made during work hours or with government contribution. If the United States owns a patentable invention, the patent will be issued to the United States unless the Administrator gives up some or all rights under rules below. Every Administration contract must require prompt written reports of any inventions made while doing the work. A patent applicant must give a sworn statement about how the invention was made and whether it relates to Administration work when asked or within 30 days. The Administrator has 90 days after getting that statement to ask that the patent be issued to the United States. If the Administrator asks, the applicant can request a hearing within 30 days before the Patent Trial and Appeal Board. The Administrator can seek transfer of a patent within 5 years if a sworn statement is later found false, with similar hearing rights. The Administrator may waive rights under set rules, but any waiver keeps a royalty-free U.S. license and is reviewed by an Inventions and Contributions Board. The Administrator may protect inventions it owns and require others to protect inventions where the Administration has a license. The Administration is treated as a defense agency for certain patent rules. Objects launched or assembled in space count as vehicles for another patent rule, and using a patented invention in a U.S.-launched space vehicle for someone else is not treated as U.S. use unless the Administration gives express permission.