Patent Law FAQ

If an invention appears to the USPTO Director to have significant utility in the conduct of aeronautical and space activities, the applicant must file a written statement with the USPTO Director with the patent application or within 30 days after request by the Director.

The statement must be executed under oath setting forth the full facts concerning the circumstances under which the invention was made and stating the relationship (if any) of the invention to the performance of any work under any NASA contract, as provided in 51 U.S.C. 20135(d):

“No patent may be issued to any applicant other than the Administrator for any invention which appears to the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (hereafter in this section referred to as the ‘Director’) to have significant utility in the conduct of aeronautical and space activities unless the applicant files with the Director, with the application or within 30 days after request therefor by the Director, a written statement executed under oath setting forth the full facts concerning the circumstances under which the invention was made and stating the relationship (if any) of the invention to the performance of any work under any contract of the Administration.”

When the USPTO makes a formal request for a property rights statement in accordance with 42 U.S.C. 2182 (DOE) or 51 U.S.C. 20135 (NASA), the applicant has a 30-day statutory period to respond. There is no provision for an extension of this 30-day time period.

As stated in MPEP 150, “If no proper and timely statement is received, the application will be held abandoned and the applicant so notified. Such applications may be revived under the provisions of 37 CFR 1.137.”

If inventorship changes after filing a property rights statement, MPEP 151 provides specific guidance:

“If a request under 37 CFR 1.48 for correction of inventorship is granted during pendency of an application in which a property rights statement has been filed, a supplemental statement executed by any added inventor(s) is required and should promptly be filed with Licensing and Review.”

This means that if new inventors are added to the application, they must file a supplemental statement to ensure compliance with the Atomic Energy Act and NASA Act requirements. It’s important to file this supplemental statement promptly to maintain proper documentation.

For more information on patent procedure, visit: patent procedure.

For more information on property rights statement, visit: property rights statement.

If an invention appears to the USPTO Director to have significant utility in the conduct of aeronautical and space activities, the applicant must file a written statement with the USPTO Director with the patent application or within 30 days after request by the Director.

The statement must be executed under oath setting forth the full facts concerning the circumstances under which the invention was made and stating the relationship (if any) of the invention to the performance of any work under any NASA contract, as provided in 51 U.S.C. 20135(d):

“No patent may be issued to any applicant other than the Administrator for any invention which appears to the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (hereafter in this section referred to as the ‘Director’) to have significant utility in the conduct of aeronautical and space activities unless the applicant files with the Director, with the application or within 30 days after request therefor by the Director, a written statement executed under oath setting forth the full facts concerning the circumstances under which the invention was made and stating the relationship (if any) of the invention to the performance of any work under any contract of the Administration.”

If inventorship changes after filing a property rights statement, MPEP 151 provides specific guidance:

“If a request under 37 CFR 1.48 for correction of inventorship is granted during pendency of an application in which a property rights statement has been filed, a supplemental statement executed by any added inventor(s) is required and should promptly be filed with Licensing and Review.”

This means that if new inventors are added to the application, they must file a supplemental statement to ensure compliance with the Atomic Energy Act and NASA Act requirements. It’s important to file this supplemental statement promptly to maintain proper documentation.

For more information on patent procedure, visit: patent procedure.

For more information on property rights statement, visit: property rights statement.

When the USPTO makes a formal request for a property rights statement in accordance with 42 U.S.C. 2182 (DOE) or 51 U.S.C. 20135 (NASA), the applicant has a 30-day statutory period to respond. There is no provision for an extension of this 30-day time period.

As stated in MPEP 150, “If no proper and timely statement is received, the application will be held abandoned and the applicant so notified. Such applications may be revived under the provisions of 37 CFR 1.137.”

If inventorship changes after filing a property rights statement, MPEP 151 provides specific guidance:

“If a request under 37 CFR 1.48 for correction of inventorship is granted during pendency of an application in which a property rights statement has been filed, a supplemental statement executed by any added inventor(s) is required and should promptly be filed with Licensing and Review.”

This means that if new inventors are added to the application, they must file a supplemental statement to ensure compliance with the Atomic Energy Act and NASA Act requirements. It’s important to file this supplemental statement promptly to maintain proper documentation.

For more information on patent procedure, visit: patent procedure.

For more information on property rights statement, visit: property rights statement.