Patent Law FAQ

This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.

What are the reporting requirements for subject inventions under government contracts?

Contractors working on federally sponsored research and development projects have specific reporting requirements for subject inventions. According to MPEP 310:

“The contractor is required to disclose each subject invention to the Federal agency within two months after the inventor discloses it in writing to contractor personnel responsible for patent matters.”

Additionally, the contractor must:

  • Elect in writing whether or not to retain title to any subject invention within two years of disclosure.
  • File patent applications within one year after election (or prior to any statutory bar date).
  • Execute and promptly deliver instruments to confirm government rights.
  • Provide periodic reports on the utilization of the invention.

These requirements ensure proper documentation and protection of both the contractor’s and the government’s interests in inventions resulting from federally funded research.

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