MPEP § 310 — Government License Rights to Contractor-Owned Inventions Made Under Federally Sponsored Research and Development (Annotated Rules)
§310 Government License Rights to Contractor-Owned Inventions Made Under Federally Sponsored Research and Development
This page consolidates and annotates all enforceable requirements under MPEP § 310, 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.
Government License Rights to Contractor-Owned Inventions Made Under Federally Sponsored Research and Development
This section addresses Government License Rights to Contractor-Owned Inventions Made Under Federally Sponsored Research and Development. Primary authority: 37 CFR 1.77(b)(1). Contains: 2 guidance statements.
Key Rules
Patent Application Content
If reference is made in the first sentence(s) of the specification following the title to related applications, the above “Government License Rights” statement should follow immediately as the second paragraph of the specification. If there is no such reference to related applications, the “Government License Rights” statement should appear as the first paragraph of the specification. See 37 CFR 1.77(b)(1)-(3).
If reference is made in the first sentence(s) of the specification following the title to related applications, the above “Government License Rights” statement should follow immediately as the second paragraph of the specification. If there is no such reference to related applications, the “Government License Rights” statement should appear as the first paragraph of the specification. See 37 CFR 1.77(b)(1)-(3).
Providing information concerning government support on a provisional application cover sheet does not satisfy the requirement of 35 U.S.C. 202(c)(6) which requires that the a statement be included within the specification of such application and any patent issuing thereon specifying that the invention was made with Government support and that the Government has certain rights in the invention.
Citations
| Primary topic | Citation |
|---|---|
| Patent Application Content | 35 U.S.C. § 202(c)(6) |
| Patent Application Content | 37 CFR § 1.77(b)(1) |
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.
Official MPEP § 310 — Government License Rights to Contractor-Owned Inventions Made Under Federally Sponsored Research and Development
Source: USPTO310 Government License Rights to Contractor-Owned Inventions Made Under Federally Sponsored Research and Development [R-10.2019]
Where a Government contractor retains U.S. domestic patent rights, the contractor is under an obligation by virtue of 35 U.S.C. 202(c)(6) to include the following statement at the beginning of the application and any patents issued thereon:
“This invention was made with government support under (identify the contract) awarded by (identify the Federal agency). The government has certain rights in the invention.”
If reference is made in the first sentence(s) of the specification following the title to related applications, the above “Government License Rights” statement should follow immediately as the second paragraph of the specification. If there is no such reference to related applications, the “Government License Rights” statement should appear as the first paragraph of the specification. See 37 CFR 1.77(b)(1)-(3).
Providing information concerning government support on a provisional application cover sheet does not satisfy the requirement of 35 U.S.C. 202(c)(6) which requires that the a statement be included within the specification of such application and any patent issuing thereon specifying that the invention was made with Government support and that the Government has certain rights in the invention.