How are NASA and DoE ownership contests handled by the USPTO?
NASA and DoE ownership contests are handled by the USPTO using procedures similar to patent interferences. The MPEP 2309 states: “Although these cases are not interferences, the interference practices in this chapter generally apply to NASA and DoE ownership contests as well.” The process involves collaboration between various USPTO departments: The examiner works in coordination…
Read MoreWhat must applicants do when filing for patents related to NASA or DoE contracts?
When filing a patent application that may be covered by the NASA or DoE Acts, applicants must take specific steps. According to MPEP 2309: “An applicant with an application covered by these Acts must file a statement regarding the making or conception of the invention and any relation to a contract with NASA or DoE.”…
Read MoreHow do NASA and DoE ownership contests differ from regular patent interferences?
While NASA and DoE ownership contests share similarities with patent interferences, they have distinct characteristics. According to MPEP 2309: “Although these cases are not interferences, the interference practices in this chapter generally apply to NASA and DoE ownership contests as well.” Key differences include: Purpose: Ownership contests determine government agency ownership, while interferences resolve priority…
Read MoreWhat are NASA and DoE ownership contests in patent law?
NASA and DoE ownership contests are special proceedings used to determine the ownership of inventions made under U.S. government contracts. These contests are specifically for: The National Aeronautics and Space Administration (NASA) for inventions with significant utility in aeronautical or space activity (42 U.S.C. 2457) The Department of Energy (DoE) for inventions relating to special…
Read MoreWhat types of inventions are subject to Department of Energy (DoE) ownership contests?
Department of Energy (DoE) ownership contests focus on specific categories of inventions related to the agency’s domain. The MPEP 2309 states that these contests apply to: “inventions relating to special nuclear material or atomic energy” This is based on the authority provided by 42 U.S.C. 2182. Inventions falling under these categories that were developed under…
Read MoreWhat are the procedures for handling DOE and NASA property rights statements in patent applications?
Petitions relating to Department of Energy (DOE) and National Aeronautics and Space Administration (NASA) property rights statements in patent applications are handled by the Director of the Technology Center who Oversees Licensing and Review. As stated in MPEP 1002.02(c)(1): “Petitions relating to DOE property rights statements under 42 U.S.C. 2182, MPEP § 150.” “Petitions relating…
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