What must applicants do when filing for patents related to NASA or DoE contracts?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

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.”

This statement is crucial for determining potential government ownership of the invention. Applicants should consult MPEP § 150 and § 151 for detailed guidance on preparing and filing these statements.

Topics: MPEP 2300 - Interference And Derivation Proceedings MPEP 2309 - National Aeronautics And Space Administration Or Department Of Energy Patent Law Patent Procedure
Tags: doe, Government Contracts, Invention Statement, nasa