What are the government’s rights in inventions made by nonprofit organizations and small businesses?
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…
Read MoreWhere should the government license rights statement be placed in a patent application?
The placement of the government license rights statement in a patent application depends on whether there are references to related applications: If there are references to related applications in the first sentence(s) of the specification following the title, the government license rights statement should appear as the second paragraph of the specification. If there are…
Read MoreWhat is the government license rights statement required for contractor-owned inventions?
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…
Read MoreWhat are the contractor’s obligations regarding government license rights in patent applications?
According to MPEP 310, a Government contractor who retains U.S. domestic patent rights has the following obligations: Include the government license rights statement at the beginning of the patent application and any issued patents. Specify the contract under which the invention was made. Identify the Federal agency that awarded the contract. Acknowledge that the government…
Read MoreHow does MPEP 310 relate to the Bayh-Dole Act?
MPEP 310 is closely related to the Bayh-Dole Act, officially known as the Patent and Trademark Law Amendments Act. Here’s how they are connected: The Bayh-Dole Act allows contractors to retain title to inventions made with federal funding. It requires contractors to disclose these inventions and include a statement in patent applications about government support.…
Read MoreWhat is the purpose of including the government license rights statement in patent applications?
The purpose of including the government license rights statement in patent applications is to: Acknowledge the government’s support in the development of the invention Inform the public and potential licensees of the government’s rights in the invention Ensure compliance with federal regulations regarding inventions made with government support Facilitate the government’s ability to exercise its…
Read MoreIs including government support information on a provisional application cover sheet sufficient?
No, including government support information on a provisional application cover sheet is not sufficient to meet the requirements of 35 U.S.C. 202(c)(6). The MPEP states: 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…
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