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42 U.S.C. § 2182 — Inventions conceived during Commission contracts; ownership; waiver; hearings
Federal law — U.S. Code and appendices · legal_authorities
Any invention or discovery, useful in the production or utilization of special nuclear material or atomic energy, made or conceived in the course of or under any contract, subcontract, or arrangement entered into with or for the benefit of the Commission, regardless of whether the contract, subcontract, or arrangement involved the expenditure of funds by the Commission, shall be vested in, and be the property of, the Commission, except that the Commission may waive its claim to any such invention or discovery under such circumstances as the Commission may deem appropriate, consistent with the policy of this section. No patent for any invention or discovery, useful in the production or utilization of special nuclear material or atomic energy, shall be issued unless the applicant files with the application, or within thirty days after request therefor by the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (unless the Commission advises the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office that its rights have been determined and that accordingly no statement is necessary) a statement under oath setting forth the full facts surrounding the making or conception of the invention or discovery described in the application and whether the invention or discovery was made or conceived in the course of or under any contract, subcontract, or arrangement entered into with or for the benefit of the Commission, regardless of whether the contract, subcontract, or arrangement involved the expenditure of funds by the Commission. The Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office shall as
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Source file: Laws/federal/codes/united-states-code/title-42/section-2182-inventions-conceived-during-commission-contracts-ownership-waiver-hearin--2eb0b8f46f.md
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Source location: Title 42, Chapter 23, § 2182; chapter-023-development-and-control-of-atomic-energy.md
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Any invention or discovery, useful in the production or utilization of special nuclear material or atomic energy, made or conceived in the course of or under any contract, subcontract, or arrangement entered into with or for the benefit of the Commission, regardless of whether the contract, subcontract, or arrangement involved the expenditure of funds by the Commission, shall be vested in, and be the property of, the Commission, except that the Commission may waive its claim to any such invention or discovery under such circumstances as the Commission may deem appropriate, consistent with the policy of this section. No patent for any invention or discovery, useful in the production or utilization of special nuclear material or atomic energy, shall be issued unless the applicant files with the application, or within thirty days after request therefor by the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (unless the Commission advises the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office that its rights have been determined and that accordingly no statement is necessary) a statement under oath setting forth the full facts surrounding the making or conception of the invention or discovery described in the application and whether the invention or discovery was made or conceived in the course of or under any contract, subcontract, or arrangement entered into with or for the benefit of the Commission, regardless of whether the contract, subcontract, or arrangement involved the expenditure of funds by the Commission. The Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office shall as soon as the application is otherwise in condition for allowance forward copies of the application and the statement to the Commission.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** There shall be in the Office a Patent Trial and Appeal Board. The Director, the Deputy Director, the Commissioner for Patents, the Commissioner for Trademarks, and the administrative patent judges shall constitute the Patent Trial and Appeal Board. The administrative patent judges shall be persons of competent legal knowledge and scientific ability who are appointed by the Secretary, in consultation with the Director. Any reference in any Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or pertaining to the Board of Patent Appeals and Interferences is deemed to refer to the Patent Trial and Appeal Board.
**(b) Duties.—** The Patent Trial and Appeal Board shall—
(1) on written appeal of an applicant, review adverse decisions of examiners upon applications for patents pursuant to section 134(a);
(2) review appeals of reexaminations pursuant to section 134(b);
(3) conduct derivation proceedings pursuant to section 135; and
(4) conduct inter partes reviews and post-grant reviews pursuant to chapters 31 and 32.
**(c) 3-Member Panels.—** Each appeal, derivation proceeding, post-grant review, and inter partes review shall be heard by at least 3 members of the Patent Trial and Appeal Board, who shall be designated by the Director. Only the Patent Trial and Appeal Board may grant rehearings.
**(d) Treatment of Prior Appointments.—** The Secretary of Commerce may, in the Secretary’s discretion, deem the appointment of an administrative patent judge who, before the date of the enactment of this subsection, held office pursuant to an appointment by the Director to take effect on the date on which the Director initially appointed the administrative patent judge. It shall be a defense to a challenge to the appo
Source: Supplied U.S. Code snapshot — release unconfirmed · 35 U.S.C. § 6
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment.—** The United States Patent and Trademark Office is established as an agency of the United States, within the Department of Commerce. In carrying out its functions, the United States Patent and Trademark Office shall be subject to the policy direction of the Secretary of Commerce, but otherwise shall retain responsibility for decisions regarding the management and administration of its operations and shall exercise independent control of its budget allocations and expenditures, personnel decisions and processes, procurements, and other administrative and management functions in accordance with this title and applicable provisions of law. Those operations designed to grant and issue patents and those operations which are designed to facilitate the registration of trademarks shall be treated as separate operating units within the Office.
**(b) Offices.—** The United States Patent and Trademark Office shall maintain its principal office in the metropolitan Washington, D.C., area, for the service of process and papers and for the purpose of carrying out its functions. The United States Patent and Trademark Office shall be deemed, for purposes of venue in civil actions, to be a resident of the district in which its principal office is located, except where jurisdiction is otherwise provided by law. The United States Patent and Trademark Office may establish satellite offices in such other places in the United States as it considers necessary and appropriate in the conduct of its business.
**(c) Reference.—** For purposes of this title, the United States Patent and Trademark Office shall also be referred to as the “Office” and the “Patent and Trademark Office”.
Source: Supplied U.S. Code snapshot — release unconfirmed · 35 U.S.C. § 1
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The President shall appoint, by and with the advice and consent of the Senate, sixteen judges who shall constitute a court of record known as the United States Court of Federal Claims. The court is declared to be a court established under article I of the Constitution of the United States.
**(b)** The President shall designate one of the judges of the Court of Federal Claims who is less than seventy years of age to serve as chief judge. The chief judge may continue to serve as such until he reaches the age of seventy years or until another judge is designated as chief judge by the President. After the designation of another judge to serve as chief judge, the former chief judge may continue to serve as a judge of the court for the balance of the term to which appointed.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General Fees.—** The Director shall charge the following fees:
(1) **Filing and basic national fees.—**
(A) On filing each application for an original patent, except for design, plant, or provisional applications, $330.
(B) On filing each application for an original design patent, $220.
(C) On filing each application for an original plant patent, $220.
(D) On filing each provisional application for an original patent, $220.
(E) On filing each application for the reissue of a patent, $330.
(F) The basic national fee for each international application filed under the treaty defined in section 351(a) entering the national stage under section 371, $330.
(G) In addition, excluding any sequence listing or computer program listing filed in an electronic medium as prescribed by the Director, for any application the specification and drawings of which exceed 100 sheets of paper (or equivalent as prescribed by the Director if filed in an electronic medium), $270 for each additional 50 sheets of paper (or equivalent as prescribed by the Director if filed in an electronic medium) or fraction thereof.
(2) **Excess claims fees.—**
(A) *In general.—* — In addition to the fee specified in paragraph (1)—
(i) on filing or on presentation at any other time, $220 for each claim in independent form in excess of 3;
(ii) on filing or on presentation at any other time, $52 for each claim (whether dependent or independent) in excess of 20; and
(iii) for each application containing a multiple dependent claim, $390.
(B) *Multiple dependent claims.—* — For the purpose of computing fees under subparagraph (A), a multiple dependent claim referred to in section 112 or any claim depending therefrom shall be considered as separate dependent claims in ac
Source: Supplied U.S. Code snapshot — release unconfirmed · 35 U.S.C. § 41
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** This chapter shall take precedence over any other Act which would require a disposition of rights in subject inventions of small business firms or nonprofit organizations contractors in a manner that is inconsistent with this chapter, including but not necessarily limited to the following:
(1) section 10(a) of the Act of June 29, 1935, as added by title I of the Act of August 14, 1946 ([7 U.S.C. 427i(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section427i/a&num=0&edition=prelim); 60 Stat. 1085); 11 See References in Text note below.
(2) section 205(a) of the Act of August 14, 1946 ([7 U.S.C. 1624(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1624/a&num=0&edition=prelim); 60 Stat. 1090);
(3) section 501(c) of the Federal Mine Safety and Health Act of 1977 ([30 U.S.C. 951(c)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section951/c&num=0&edition=prelim); 83 Stat. 742);
(4) section 30168(e) 1 of title 49;
(5) section 12 of the National Science Foundation Act of 1950 ([42 U.S.C. 1871(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1871/a&num=0&edition=prelim); 1 82 Stat. 360);
(6) section 152 of the Atomic Energy Act of 1954 ([42 U.S.C. 2182](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2182&num=0&edition=prelim); 68 Stat. 943);
(7) [section 20135 of title 51](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title51-section20135&num=0&edition=prelim);
(8) section 6 of the Coal Research and Development Act of 1960 ([30 U.S.C. 666](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section666&num=0&edition=prelim); 74 Stat. 337);
(9) section 4 of the Helium Act Amendments of 1960 ([5
Source: Supplied U.S. Code snapshot — release unconfirmed · 35 U.S.C. § 210
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **Advanced solid-state lighting** — The term “advanced solid-state lighting” means a semiconducting device package and delivery system that produces white light using externally applied voltage.
(2) **Industry Alliance** — The term “Industry Alliance” means an entity selected by the Secretary under subsection (d).
(3) **Initiative** — The term “Initiative” means the Next Generation Lighting Initiative carried out under this section.
(4) **Research** — The term “research” includes research on the technologies, materials, and manufacturing processes required for white light emitting diodes.
(5) **White light emitting diode** — The term “white light emitting diode” means a semiconducting package, using either organic or inorganic materials, that produces white light using externally applied voltage.
**(b) Initiative** The Secretary shall carry out a Next Generation Lighting Initiative in accordance with this section to support research, development, demonstration, and commercial application activities related to advanced solid-state lighting technologies based on white light emitting diodes.
**(c) Objectives** The objectives of the Initiative shall be to develop advanced solid-state organic and inorganic lighting technologies based on white light emitting diodes that, compared to incandescent and fluorescent lighting technologies, are longer lasting, are more energy-efficient and cost-competitive, and have less environmental impact.
**(d) Industry Alliance** Not later than 90 days after August 8, 2005, the Secretary shall competitively select an Industry Alliance to represent participants who are private, for-profit firms, open to large and small businesses, that, as a group, are broadly representative of United States solid
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 16196
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Short title** This section may be cited as the “United States Energy Storage Competitiveness Act of 2007”.
**(b) Definitions** In this section:
(1) **Council** — The term “Council” means the Energy Storage Advisory Council established under subsection (e).
(2) **Compressed air energy storage** — The term “compressed air energy storage” means, in the case of an electricity grid application, the storage of energy through the compression of air.
(3) **Electric drive vehicle** — The term “electric drive vehicle” means—
(A) a vehicle that uses an electric motor for all or part of the motive power of the vehicle, including battery electric, hybrid electric, plug-in hybrid electric, fuel cell, and plug-in fuel cell vehicles and rail transportation vehicles; or
(B) mobile equipment that uses an electric motor to replace an internal combustion engine for all or part of the work of the equipment.
(4) **Islanding** — The term “islanding” means a distributed generator or energy storage device continuing to power a location in the absence of electric power from the primary source.
(5) **Flywheel** — The term “flywheel” means, in the case of an electricity grid application, a device used to store rotational kinetic energy.
(6) **Microgrid** — The term “microgrid” means an integrated energy system consisting of interconnected loads and distributed energy resources (including generators and energy storage devices), which as an integrated system can operate in parallel with the utility grid or in an intentional islanding mode.
(7) **Self-healing grid** — The term “self-healing grid” means a grid that is capable of automatically anticipating and responding to power system disturbances (including the isolation of failed sections and components), while optimizing the pe
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 17233
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Abolition of Atomic Energy Commission** The Atomic Energy Commission is hereby abolished. Sections 2031 and 2032 of this title are repealed.
**(b) Transfer or lapse of functions of Atomic Energy Commission** All other functions of the Commission, the Chairman and members of the Commission, and the officers and components of the Commission are hereby transferred or allowed to lapse pursuant to the provisions of this chapter.
**(c) Functions of Atomic Energy Commission transferred to Administrator** There are hereby transferred to and vested in the Administrator all functions of the Atomic Energy Commission, the Chairman and members of the Commission, and the officers and components of the Commission, except as otherwise provided in this chapter.
**(d) Transfer of General Advisory Committee, Patent Compensation Board, and Divisions of Military Application and Naval Reactors to Administration** The General Advisory Committee established pursuant to section 2036 11 See References in Text note below. of this title, the Patent Compensation Board established pursuant to [section 2187 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2187&num=0&edition=prelim), and the Divisions of Military Application and Naval Reactors established pursuant to [section 2035 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2035&num=0&edition=prelim), are transferred to the Energy Research and Development Administration and the functions of the Commission with respect thereto, and with respect to relations with the Military Liaison Committee established by section 2037 1 of this title, are transferred to the Administrator.
**(e) Transfer to Administrator of certain functions of Secretary of the Interior
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5815
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General authority** The Secretary is authorized to enter into and perform such contracts, leases, cooperative agreements, or other similar transactions with public agencies and private organizations and persons, and to make such payments (in lump sum or installments, and by way of advance or reimbursement) as he may deem to be necessary or appropriate to carry out functions now or hereafter vested in the Secretary.
**(b) Limitation on authority; appropriations** Notwithstanding any other provision of this subchapter, no authority to enter into contracts or to make payments under this subchapter shall be effective except to such extent or in such amounts as are provided in advance in appropriation Acts.
**(c) Leasing of excess Department of Energy property** The Secretary may lease, upon terms and conditions the Secretary considers appropriate to promote national security or the public interest, acquired real property and related personal property that—
(1) is located at a facility of the Department of Energy to be closed or reconfigured;
(2) at the time the lease is entered into, is not needed by the Department of Energy; and
(3) is under the control of the Department of Energy.
**(d) Terms of lease**
(1) A lease entered into under subsection (c) may not be for a term of more than 10 years, except that the Secretary may enter into a lease that includes an option to renew for a term of more than 10 years if the Secretary determines that entering into such a lease will promote the national security or be in the public interest.
(2) A lease entered into under subsection (c) may provide for the payment (in cash or in kind) by the lessee of consideration in an amount that is less than the fair market rental value of the leasehold interest. Services relating to
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7256a, 7256b
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Property rights in inventions and discoveries; timely determination; reports to Congressional committees**
(1) Whenever any contractor makes an invention or discovery to which the title vests in the Department of Energy pursuant to exercise of section 202(a)(ii) or (iv) of title 35, or pursuant to [section 2182 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2182&num=0&edition=prelim) or [section 5908 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5908&num=0&edition=prelim) in the course of or under any Government contract or subcontract of the Naval Nuclear Propulsion Program or the nuclear weapons programs or other atomic energy defense activities of the Department of Energy and the contractor requests waiver of any or all of the Government’s property rights, the Secretary of Energy may decide to waive the Government’s rights and assign the rights in such invention or discovery.
(2) Such decision shall be made within 150 days after the date on which a complete request for waiver of such rights has been submitted to the Secretary by the contractor. For purposes of this paragraph, a complete request includes such information, in such detail and form, as the Secretary by regulation prescribes as necessary to allow the Secretary to take into consideration the matters described in subsection (b) in making the decision.
(3) If the Secretary fails to make the decision within such 150-day period, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate, within 10 days after the end of the 150-day period, a report on the reasons for such failure. The submission of such report shall not relieve the Secretary of the requirement to m
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7261b
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