Patent Law FAQ

The government license rights statement required for contractor-owned inventions made under federally sponsored research and development is:

‘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.’

This statement is mandated by 35 U.S.C. 202(c)(6) and must be included at the beginning of the patent application and any issued patents.

How does the government’s march-in rights affect contractor-owned inventions?

The government’s march-in rights are a significant aspect of federally sponsored research and development contracts. As outlined in MPEP 310:

“The government has the right to require the contractor to grant a nonexclusive, partially exclusive, or exclusive license in any field of use to a responsible applicant(s) upon terms that are reasonable under the circumstances, if the contractor fails to take effective steps to achieve practical application of the invention.”

March-in rights allow the government to intervene if:

• The contractor fails to commercialize the invention within a reasonable time.
• Action is necessary to alleviate health or safety needs.
• Action is necessary to meet requirements for public use specified by federal regulations.
• The contractor has breached agreements specified in 35 U.S.C. 204 regarding U.S. manufacture.

These rights ensure that inventions resulting from federally funded research benefit the public, even if the contractor fails to do so effectively.

For more information on contractor-owned inventions, visit: contractor-owned inventions.

For more information on federally sponsored research, visit: federally sponsored research.

The government license rights statement required for contractor-owned inventions made under federally sponsored research and development is:

‘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.’

This statement is mandated by 35 U.S.C. 202(c)(6) and must be included at the beginning of the patent application and any issued patents.

How does the government’s march-in rights affect contractor-owned inventions?

The government’s march-in rights are a significant aspect of federally sponsored research and development contracts. As outlined in MPEP 310:

“The government has the right to require the contractor to grant a nonexclusive, partially exclusive, or exclusive license in any field of use to a responsible applicant(s) upon terms that are reasonable under the circumstances, if the contractor fails to take effective steps to achieve practical application of the invention.”

March-in rights allow the government to intervene if:

• The contractor fails to commercialize the invention within a reasonable time.
• Action is necessary to alleviate health or safety needs.
• Action is necessary to meet requirements for public use specified by federal regulations.
• The contractor has breached agreements specified in 35 U.S.C. 204 regarding U.S. manufacture.

These rights ensure that inventions resulting from federally funded research benefit the public, even if the contractor fails to do so effectively.

For more information on contractor-owned inventions, visit: contractor-owned inventions.

For more information on federally sponsored research, visit: federally sponsored research.

The government license rights statement required for contractor-owned inventions made under federally sponsored research and development is:

‘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.’

This statement is mandated by 35 U.S.C. 202(c)(6) and must be included at the beginning of the patent application and any issued patents.

How does the government’s march-in rights affect contractor-owned inventions?

The government’s march-in rights are a significant aspect of federally sponsored research and development contracts. As outlined in MPEP 310:

“The government has the right to require the contractor to grant a nonexclusive, partially exclusive, or exclusive license in any field of use to a responsible applicant(s) upon terms that are reasonable under the circumstances, if the contractor fails to take effective steps to achieve practical application of the invention.”

March-in rights allow the government to intervene if:

• The contractor fails to commercialize the invention within a reasonable time.
• Action is necessary to alleviate health or safety needs.
• Action is necessary to meet requirements for public use specified by federal regulations.
• The contractor has breached agreements specified in 35 U.S.C. 204 regarding U.S. manufacture.

These rights ensure that inventions resulting from federally funded research benefit the public, even if the contractor fails to do so effectively.

For more information on contractor-owned inventions, visit: contractor-owned inventions.

For more information on federally sponsored research, visit: federally sponsored research.

The government license rights statement required for contractor-owned inventions made under federally sponsored research and development is:

‘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.’

This statement is mandated by 35 U.S.C. 202(c)(6) and must be included at the beginning of the patent application and any issued patents.

How does the government’s march-in rights affect contractor-owned inventions?

The government’s march-in rights are a significant aspect of federally sponsored research and development contracts. As outlined in MPEP 310:

“The government has the right to require the contractor to grant a nonexclusive, partially exclusive, or exclusive license in any field of use to a responsible applicant(s) upon terms that are reasonable under the circumstances, if the contractor fails to take effective steps to achieve practical application of the invention.”

March-in rights allow the government to intervene if:

• The contractor fails to commercialize the invention within a reasonable time.
• Action is necessary to alleviate health or safety needs.
• Action is necessary to meet requirements for public use specified by federal regulations.
• The contractor has breached agreements specified in 35 U.S.C. 204 regarding U.S. manufacture.

These rights ensure that inventions resulting from federally funded research benefit the public, even if the contractor fails to do so effectively.

For more information on contractor-owned inventions, visit: contractor-owned inventions.

For more information on federally sponsored research, visit: federally sponsored research.