What is a ‘subject invention’ in the context of government-funded research?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

What is a ‘subject invention’ in the context of government-funded research?

A ‘subject invention’ is a term used in government contracts and refers to any invention conceived or first actually reduced to practice in the performance of work under a government contract. According to MPEP 310, ‘The term ‘subject invention’ is defined by 35 U.S.C. 201(e) as any invention of the contractor conceived or first actually reduced to practice in the performance of work under a funding agreement.’ This definition is crucial for determining the government’s rights in inventions made during federally sponsored research.

For more information on federal funding, visit: federal funding.

For more information on patent rights, visit: patent rights.