What are the consequences of not including the Government License Rights statement in a patent application?
Failing to include the Government License Rights statement in a patent application can have serious consequences. While the MPEP 310 does not explicitly state the penalties, the requirement is mandated by law under 35 U.S.C. 202(c)(6). Potential consequences may include:
- Non-compliance with federal regulations
- Risk of the patent being unenforceable
- Potential loss of rights or benefits under the government contract
- Complications in future licensing or commercialization efforts
It’s crucial for inventors and patent attorneys to ensure proper inclusion of this statement to maintain the validity and enforceability of the patent.
For more information on patent enforcement, visit: patent enforcement.
Topics:
MPEP 300 - Ownership and Assignment,
MPEP 310 - Government License Rights to Contractor - Owned Inventions Made Under Federally Sponsored Research and Development,
Patent Law,
Patent Procedure