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.

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.

What are the government’s rights in inventions made by nonprofit organizations and small businesses?

The government’s rights in inventions made by nonprofit organizations and small businesses under federally sponsored research are specifically addressed in MPEP 310. According to the manual:

“A funding agreement may provide that the government shall have the right to require periodic reporting on the utilization or efforts at obtaining utilization that are being made by the contractor or his licensees or assignees.”

Additionally, the government retains:

• A nonexclusive, nontransferable, irrevocable, paid-up license to practice or have practiced the invention for or on behalf of the United States throughout the world.
• The right to require the contractor to grant licenses to responsible applicants under certain conditions (march-in rights).
• The right to require written agreements from contractors to ensure that inventions are made available for public use on reasonable terms.

These provisions, outlined in 35 U.S.C. 202, balance the interests of small entities, the government, and the public in federally funded inventions.

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

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.

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.

What are the government’s rights in inventions made by nonprofit organizations and small businesses?

The government’s rights in inventions made by nonprofit organizations and small businesses under federally sponsored research are specifically addressed in MPEP 310. According to the manual:

“A funding agreement may provide that the government shall have the right to require periodic reporting on the utilization or efforts at obtaining utilization that are being made by the contractor or his licensees or assignees.”

Additionally, the government retains:

• A nonexclusive, nontransferable, irrevocable, paid-up license to practice or have practiced the invention for or on behalf of the United States throughout the world.
• The right to require the contractor to grant licenses to responsible applicants under certain conditions (march-in rights).
• The right to require written agreements from contractors to ensure that inventions are made available for public use on reasonable terms.

These provisions, outlined in 35 U.S.C. 202, balance the interests of small entities, the government, and the public in federally funded inventions.

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

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.

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.

What are the government’s rights in inventions made by nonprofit organizations and small businesses?

The government’s rights in inventions made by nonprofit organizations and small businesses under federally sponsored research are specifically addressed in MPEP 310. According to the manual:

“A funding agreement may provide that the government shall have the right to require periodic reporting on the utilization or efforts at obtaining utilization that are being made by the contractor or his licensees or assignees.”

Additionally, the government retains:

• A nonexclusive, nontransferable, irrevocable, paid-up license to practice or have practiced the invention for or on behalf of the United States throughout the world.
• The right to require the contractor to grant licenses to responsible applicants under certain conditions (march-in rights).
• The right to require written agreements from contractors to ensure that inventions are made available for public use on reasonable terms.

These provisions, outlined in 35 U.S.C. 202, balance the interests of small entities, the government, and the public in federally funded inventions.

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

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.

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.

What are the government’s rights in inventions made by nonprofit organizations and small businesses?

The government’s rights in inventions made by nonprofit organizations and small businesses under federally sponsored research are specifically addressed in MPEP 310. According to the manual:

“A funding agreement may provide that the government shall have the right to require periodic reporting on the utilization or efforts at obtaining utilization that are being made by the contractor or his licensees or assignees.”

Additionally, the government retains:

• A nonexclusive, nontransferable, irrevocable, paid-up license to practice or have practiced the invention for or on behalf of the United States throughout the world.
• The right to require the contractor to grant licenses to responsible applicants under certain conditions (march-in rights).
• The right to require written agreements from contractors to ensure that inventions are made available for public use on reasonable terms.

These provisions, outlined in 35 U.S.C. 202, balance the interests of small entities, the government, and the public in federally funded inventions.

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

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.