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42 U.S.C. § 7261b — Protection of sensitive technical information
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
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Source file: Laws/federal/codes/united-states-code/title-42/section-7261b-protection-of-sensitive-technical-information--b7e0f61f65.md
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Source location: Title 42, Chapter 84, § 7261b; chapter-084-department-of-energy.md
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**(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 make the decision under this section. The Secretary shall, at the end of each 30-day period after submission of the first report during which the Secretary continues to fail to make the decision required by this section, submit another report on the reasons for such failure to the committees listed in this paragraph.
**(b) Matters to be considered** In making a decision under this section, the Secretary shall consider, in addition to the applicable policies of [section 2182 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2182&num=0&edition=prelim) or subsections (c) and (d) of [section 5908 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5908&num=0&edition=prelim)—
(1) whether national security will be compromised;
(2) whether sensitive technical information (whether classified or unclassified) under the Naval Nuclear Propulsion Program or the nuclear weapons programs or other atomic energy defense activities of the Department of Energy for which dissemination is controlled under Federal statutes and regulations will be released to unauthorized persons;
(3) whether an organizational conflict of interest contemplated by Federal statutes and regulations will result; and
(4) whether failure to assert such a claim will adversely affect the operation of the Naval Nuclear Propulsion Program or the nuclear weapons programs or other atomic energy defense activities of the Department of Energy.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Vesting of title to invention and issuance of patents to United States; prerequisites** Whenever any invention is made or conceived in the course of or under any contract of the Department, other than nuclear energy research, development, and demonstration pursuant to the Atomic Energy Act of 1954 ([42 U.S.C. 2011](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2011&num=0&edition=prelim) et seq.) and the Secretary determines that—
(1) the person who made the invention was employed or assigned to perform research, development, or demonstration work and the invention is related to the work he was employed or assigned to perform, or that it was within the scope of his employment duties, whether or not it was made during working hours, or with a contribution by the Government of the use of Government facilities, equipment, materials, allocated funds, information proprietary to the Government, or services of Government employees during working hours; or
(2) the person who made the invention was not employed or assigned to perform research, development, or demonstration work, but the invention is nevertheless related to the contract or to the work or duties he was employed or assigned to perform, and was made during working hours, or with a contribution from the Government of the sort referred to in clause (1).11 So in original. Probably should be a comma.
title to such invention shall vest in the United States, and if patents on such invention are issued they shall be issued to the United States, unless in particular circumstances the Secretary waives all or any part of the rights of the United States to such invention in conformity with the provisions of this section.
**(b) Contract as requiring report to Department of invention, etc.,
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5908
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2182
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Federal law — U.S. Code and appendices · legal_authorities
Page 7094
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 7261b
title in the course of or under any Government
contract or subcontract of the Naval Nuclear
Propulsion Program or the nuclear weapons pro-
grams or other atomic energy defense activities
of the Department of Energy and the contractor
requests waiver of any or all of the Govern-
ment’s property rights, the Secretary of Energy
may decide to waive the Government’s rights
and assign the rights in such invention or dis-
covery.
(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 Sec-
retary by regulation prescribes as necessary to
allow the Secretary to take into consideration
the matters described in subsection (b) in mak-
ing 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 pe-
riod, a report on the reasons for such failure.
The submission of such report shall not relieve
the Secretary of the requirement to make the
decision under this section. The Secretary shall,
at the end of each 30-day period after submission
of the first report during which the Secretary
continues to fail to make the decision required
by this section, submit another report on the
reasons for such failure to the committees listed
in this paragraph.
(b) Matters to be considered
In making a decision under this section, the
Secretary shall consider, in addition to the ap-
plicable policies of sectio
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 7261b
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