Are there special provisions for government-owned patent applications?

Yes, there are special provisions for government-owned patent applications. 35 U.S.C. 267 states:

‘Notwithstanding the provisions of sections 133 and 151, the Director may extend the time for taking any action to three years, when an application has become the property of the United States and the head of the appropriate department or agency of the Government has certified to the Director that the invention disclosed therein is important to the armament or defense of the United States.’

This provision allows for extended time periods of up to three years for government-owned applications that are important for national defense. The decision to grant such extensions is made by the Technology Center Director overseeing Licensing and Review.

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Tags: Government Applications, National Defense, Patent Extensions, USPTO