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15 U.S.C. § 3710d — Employee activities

Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 3710d — Employee activities

**(a) In general** If a Federal agency which has ownership of or the right of ownership to an invention made by a Federal employee does not intend to file for a patent application or otherwise to promote commercialization of such invention, the agency shall allow the inventor, if the inventor is a Government employee or former employee who made the invention during the course of employment with the Government, to obtain or retain title to the invention (subject to reservation by the Government of a nonexclusive, nontransferrable, irrevocable, paid-up license to practice the invention or have the invention practiced throughout the world by or on behalf of the Government). In addition, the agency may condition the inventor’s right to title on the timely filing of a patent application in cases when the Government determines that it has or may have a need to practice the invention. **(b) “Special Government employees” defined** For purposes of this section, Federal employees include “special Government employees” as defined in [section 202 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section202&num=0&edition=prelim). **(c) Relationship to other laws** Nothing in this section is intended to limit or diminish existing authorities of any agency.

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Source file: Laws/federal/codes/united-states-code/title-15/section-3710d-employee-activities--b95ab78b2d.md
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Source location: Title 15, Chapter 63, § 3710d; chapter-063-technology-innovation.md

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 202 — Definitions

**(a)** For the purpose of sections 203, 205, 207, 208, and 209 of this title the term “special Government employee” shall mean an officer or employee of the executive or legislative branch of the United States Government, of any independent agency of the United States or of the District of Columbia, who is retained, designated, appointed, or employed to perform, with or without compensation, for not to exceed one hundred and thirty days during any period of three hundred and sixty-five consecutive days, temporary duties either on a full-time or intermittent basis, a part-time United States commissioner, a part-time United States magistrate judge, or, regardless of the number of days of appointment, an independent counsel appointed under chapter 40 of title 28 and any person appointed by that independent counsel under [section 594(c) of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section594/c&num=0&edition=prelim). Notwithstanding the next preceding sentence, every person serving as a part-time local representative of a Member of Congress in the Member’s home district or State shall be classified as a special Government employee. Notwithstanding sections 502, 2105(d), and 5534 of title 5, a Reserve officer of the Armed Forces, an officer of the Space Force not serving on sustained duty pursuant to [section 20105 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section20105&num=0&edition=prelim), or an officer of the National Guard of the United States, unless otherwise an officer or employee of the United States, shall be classified as a special Government employee while on active duty solely for training. Such an officer who is voluntarily serving a period of extended active duty in excess of one hundr

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 3710d — Employee activities

Page 2054 TITLE 15—COMMERCE AND TRADE § 3710d 1 See References in Text note below. ate and House of Representatives on the effec- tiveness of Federal technology transfer pro- grams, including findings, conclusions, and rec- ommendations for improvements in such pro- grams. The report shall be integrated with, and submitted at the same time as, the report re- quired by section 202(b)(3) 1 of title 35. (Pub. L. 96–480, § 14, as added, renumbered § 13, and amended Pub. L. 99–502, §§ 7, 9(e)(1), (3), Oct. 20, 1986, 100 Stat. 1792, 1797; renumbered § 14 and amended Pub. L. 100–418, title V, §§ 5122(a)(1), 5162(a), Aug. 23, 1988, 102 Stat. 1438, 1450; Pub. L. 100–519, title III, § 303(a), Oct. 24, 1988, 102 Stat. 2597; Pub. L. 101–189, div. C, title XXXI, § 3133(c), Nov. 29, 1989, 103 Stat. 1677; Pub. L. 104–113, § 5, Mar. 7, 1996, 110 Stat. 777; Pub. L. 106–404, §§ 7(7), 10(b), Nov. 1, 2000, 114 Stat. 1746, 1749.) Editorial Notes REFERENCES IN TEXT Section 202(b)(3) of title 35, referred to in subsec. (c), was struck out and section 202(b)(4) was redesignated section 202(b)(3) by Pub. L. 111–8, div. G, title I, § 1301(h), Mar. 11, 2009, 123 Stat. 829. AMENDMENTS 2000—Subsec. (a)(1)(A)(i). Pub. L. 106–404, § 7(7)(A), (B), inserted ‘‘, other than payments of patent costs as de- lineated by a license or assignment agreement,’’ after ‘‘or other payments’’ and ‘‘, if the inventor’s or co- inventor’s rights are assigned to the United States’’ be- fore period at end. Subsec. (a)(1)(B). Pub. L. 106–404, § 7(7)(C), substituted ‘‘2 succeeding fiscal years’’ for ‘‘succeeding fiscal year’’ in introductory provisions. Subsec. (a)(2). Pub. L. 106–404, § 7(7)(D), struck out ‘‘Government-operated laboratories of the’’ before ‘‘agency for that year,’’. Subsec. (b

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