When must an applicant file a statement regarding property rights in an invention with the USPTO if the invention appears to have significant utility in the conduct of aeronautical and space activities?

If an invention appears to the USPTO Director to have significant utility in the conduct of aeronautical and space activities, the applicant must file a written statement with the USPTO Director with the patent application or within 30 days after request by the Director.

The statement must be executed under oath setting forth the full facts concerning the circumstances under which the invention was made and stating the relationship (if any) of the invention to the performance of any work under any NASA contract, as provided in 51 U.S.C. 20135(d):

“No patent may be issued to any applicant other than the Administrator for any invention which appears to the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (hereafter in this section referred to as the ‘Director’) to have significant utility in the conduct of aeronautical and space activities unless the applicant files with the Director, with the application or within 30 days after request therefor by the Director, a written statement executed under oath setting forth the full facts concerning the circumstances under which the invention was made and stating the relationship (if any) of the invention to the performance of any work under any contract of the Administration.”