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…

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How 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…

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What 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…

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What 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…

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