MPEP § 2309 — National Aeronautics and Space Administration or Department of Energy (Annotated Rules)

§2309 National Aeronautics and Space Administration or Department of Energy

USPTO MPEP version: BlueIron's Update: 2025-12-31

This page consolidates and annotates all enforceable requirements under MPEP § 2309, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.

National Aeronautics and Space Administration or Department of Energy

This section addresses National Aeronautics and Space Administration or Department of Energy. Primary authority: 35 U.S.C. 151. Contains: 1 requirement, 1 guidance statement, 1 permission, and 2 other statements.

Key Rules

Topic

PTAB Jurisdiction

5 rules
MPEP GuidancePermittedAlways
[mpep-2309-a4be5693828b5e432c1ee908]
Government Agency May Own Invention Under Contract
Note:
The U.S. government agency may own an invention created under a government contract, determined by the Board using specific interference procedures for NASA and DOE.

Ownership of an invention made pursuant to a U.S. government contract may be vested in the contracting government agency. The Board determines two such ownership contests using interference procedures: for the National Aeronautics and Space Administration (NASA), 42 U.S.C. 2457 (inventions having significant utility in aeronautical or space activity), and for the Department of Energy (DoE), 42 U.S.C. 2182 (inventions relating to special nuclear material or atomic energy).

Jump to MPEP SourcePTAB JurisdictionPTAB Contested Case ProceduresEx Parte Appeals to PTAB
MPEP GuidanceInformativeAlways
[mpep-2309-c55ae462cd0940a3cb6fd4a9]
PTAB Jurisdiction for NASA and DOE Invention Ownership Disputes
Note:
The Board determines ownership contests for inventions related to aeronautical or space activity (NASA) and special nuclear material or atomic energy (DOE) using interference procedures.

Ownership of an invention made pursuant to a U.S. government contract may be vested in the contracting government agency. The Board determines two such ownership contests using interference procedures: for the National Aeronautics and Space Administration (NASA), 42 U.S.C. 2457 (inventions having significant utility in aeronautical or space activity), and for the Department of Energy (DoE), 42 U.S.C. 2182 (inventions relating to special nuclear material or atomic energy).

Jump to MPEP SourcePTAB JurisdictionPTAB Contested Case ProceduresEx Parte Appeals to PTAB
MPEP GuidanceRequiredAlways
[mpep-2309-935f4407e6ca6cf637b028be]
Invention Statement for NASA/DoE Contract Cases
Note:
Applicants must file a statement regarding the invention's conception and any relation to a contract with NASA or DoE when filing an application covered by these Acts.

An applicant with an application covered by these Acts must file a statement regarding the making or conception of the invention and any relation to a contract with NASA or DoE. See MPEP § 150 and § 151. The examiner should work in coordination with Licensing and Review and one of the Technology Centers' Interference Practice Specialists in suggesting these cases to the Board. Although these cases are not interferences, the interference practices in this chapter generally apply to NASA and DoE ownership contests as well.

Jump to MPEP SourcePTAB JurisdictionPTAB Contested Case ProceduresEx Parte Appeals to PTAB
MPEP GuidanceRecommendedAlways
[mpep-2309-80388aa0532da1d2f5c771fa]
Examiner Must Coordinate with Licensing and Review Specialists for NASA/DOE Cases
Note:
The examiner must work in coordination with Licensing and Review, as well as a Technology Center's Interference Practice Specialist, to suggest cases involving National Aeronautics and Space Administration or Department of Energy ownership contests to the Board.

An applicant with an application covered by these Acts must file a statement regarding the making or conception of the invention and any relation to a contract with NASA or DoE. See MPEP § 150 and § 151. The examiner should work in coordination with Licensing and Review and one of the Technology Centers' Interference Practice Specialists in suggesting these cases to the Board. Although these cases are not interferences, the interference practices in this chapter generally apply to NASA and DoE ownership contests as well.

Jump to MPEP SourcePTAB JurisdictionPTAB Contested Case ProceduresEx Parte Appeals to PTAB
MPEP GuidanceInformativeAlways
[mpep-2309-bf994af379139c5cf20cb5c3]
Interference Practices Apply to NASA and DoE Ownership Contests
Note:
Examiner should coordinate with Licensing and Review specialists for suggesting cases involving NASA or DoE ownership disputes, even though these are not formal interferences.

An applicant with an application covered by these Acts must file a statement regarding the making or conception of the invention and any relation to a contract with NASA or DoE. See MPEP § 150 and § 151. The examiner should work in coordination with Licensing and Review and one of the Technology Centers' Interference Practice Specialists in suggesting these cases to the Board. Although these cases are not interferences, the interference practices in this chapter generally apply to NASA and DoE ownership contests as well.

Jump to MPEP SourcePTAB JurisdictionPTAB Contested Case ProceduresEx Parte Appeals to PTAB

Citations

Primary topicCitation
PTAB Jurisdiction35 U.S.C. § 151
PTAB JurisdictionMPEP § 150

Source Text from USPTO’s MPEP

This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.

BlueIron Last Updated: 2025-12-31