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35 U.S.C. § 210 — Precedence of chapter

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35 U.S.C. § 210 — Precedence of chapter

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Stable record: federal_law:legal_authorities:record_usc_c074c015aa840465b6a48f75
Source file: Laws/federal/codes/united-states-code/title-35/section-210-precedence-of-chapter--de77981cd0.md
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Source location: Title 35, Chapter 18, § 210; chapter-018-patent-rights-in-inventions-made-with-federal-assistance.md

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**(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 ([50 U.S.C. 167b](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section167b&num=0&edition=prelim); 74 Stat. 920); (10) section 32 of the Arms Control and Disarmament Act of 1961 ([22 U.S.C. 2572](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2572&num=0&edition=prelim); 75 Stat. 634); (11) section 9 of the Federal Nonnuclear Energy Research and Development Act of 1974 ([42 U.S.C. 5908](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5908&num=0&edition=prelim); 88 Stat. 1878); (12) section 5(d) of the Consumer Product Safety Act ([15 U.S.C. 2054(d)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2054/d&num=0&edition=prelim); 86 Stat. 1211); (13) section 3 of the Act of April 5, 1944 ([30 U.S.C. 323](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section323&num=0&edition=prelim); 58 Stat. 191); 1 (14) section 8001(c)(3) of the Solid Waste Disposal Act ([42 U.S.C. 6981(c)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6981/c&num=0&edition=prelim); 90 Stat. 2829); (15) section 219 of the Foreign Assistance Act of 1961 ([22 U.S.C. 2179](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2179&num=0&edition=prelim); 83 Stat. 806); (16) section 427(b) of the Federal Mine Health and Safety Act of 1977 ([30 U.S.C. 937(b)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section937/b&num=0&edition=prelim); 86 Stat. 155); (17) section 306(d) of the Surface Mining and Reclamation Act of 1977 ([30 U.S.C. 1226(d)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section1226/d&num=0&edition=prelim); 91 Stat. 455); 1 (18) section 21(d) of the Federal Fire Prevention and Control Act of 1974 ([15 U.S.C. 2218(d)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2218/d&num=0&edition=prelim); 88 Stat. 1548); (19) section 6(b) of the Solar Photovoltaic Energy Research Development and Demonstration Act of 1978 ([42 U.S.C. 5585(b)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5585/b&num=0&edition=prelim); 92 Stat. 2516); 1 (20) section 12 of the Native Latex Commercialization and Economic Development Act of 1978 ([7 U.S.C. 178j](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section178j&num=0&edition=prelim); 92 Stat. 2533); and (21) section 408 of the Water Resources and Development Act of 1978 ([42 U.S.C. 7879](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7879&num=0&edition=prelim); 92 Stat. 1360). The Act creating this chapter shall be construed to take precedence over any future Act unless that Act specifically cites this Act and provides that it shall take precedence over this Act. **(b)** Nothing in this chapter is intended to alter the effect of the laws cited in paragraph (a) of this section or any other laws with respect to the disposition of rights in inventions made in the performance of funding agreements with persons other than nonprofit organizations or small business firms. **(c)** Nothing in this chapter is intended to limit the authority of agencies to agree to the disposition of rights in inventions made in the performance of work under funding agreements with persons other than nonprofit organizations or small business firms in accordance with the Statement of Government Patent Policy issued on February 18, 1983, agency regulations, or other applicable regulations or to otherwise limit the authority of agencies to allow such persons to retain ownership of inventions except that all funding agreements, including those with other than small business firms and nonprofit organizations, shall include the requirements established in section 202(c)(4) and section 203. Any disposition of rights in inventions made in accordance with the Statement or implementing regulations, including any disposition occurring before enactment of this section, are hereby authorized. **(d)** Nothing in this chapter shall be construed to require the disclosure of intelligence sources or methods or to otherwise affect the authority granted to the Director of Central Intelligence by statute or Executive order for the protection of intelligence sources or methods. **(e)** The provisions of the Stevenson-Wydler Technology Innovation Act of 1980 shall take precedence over the provisions of this chapter to the extent that they permit or require a disposition of rights in subject inventions which is inconsistent with this chapter.

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

22 U.S.C. § 2572 — Patents; availability to general public; protection of background rights

All research within the United States contracted for, sponsored, cosponsored, or authorized under authority of this chapter, shall be provided for in such manner that all information as to uses, products, processes, patents, and other developments resulting from such research developed by Government expenditure will (with such exceptions and limitations, if any, as the Secretary of State may find to be necessary in the public interest) be available to the general public. This section shall not be so construed as to deprive the owner of any background patent relating thereto of such rights as he may have thereunder.

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22 U.S.C. § 2179 — Prototype desalting plant

**(a) Assistance in development** In furtherance of the purposes of subchapter I of this chapter and for the purpose of improving existing, and developing and advancing new, technology and experience in the design, construction, and operation of large-scale desalting plants of advanced concepts which will contribute materially to low-cost desalination in all countries, including the United States, the President, if he determines it to be feasible, is authorized to participate in the development of a large-scale water treatment and desalting prototype plant and necessary appurtenances to be constructed in Israel as an integral part of a dual-purpose power generating and desalting project. Such participation shall include financial, technical, and such other assistance as the President deems appropriate to provide for the study, design, construction, and, for a limited demonstration period of not to exceed five years, operation and maintenance of the water treatment and desalting facilities of the dual-purpose project. **(b) Terms and conditions** Any agreement entered into under subsection (a) of this section shall include such terms and conditions as the President deems appropriate to insure, among other things, that all information, products, uses, processes, patents, and other developments obtained or utilized in the development of this prototype plant will be available without further cost to the United States for the use and benefit of the United States throughout the world, and to insure that the United States, its officers, and employees have a permanent right to review data and have access to such plant for the purpose of observing its operations and improving science and technology in the field of desalination. **(c) Contracts** In carrying out the provisions

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

30 U.S.C. § 1226 — Research

**(a) Coordination with existing programs; availability of information to public** The Secretary shall obtain the continuing advice and cooperation of all agencies of the Federal Government concerned with mining and mineral resources, of State and local governments, and of private institutions and individuals to assure that the programs authorized by this subchapter will supplement and not be redundant with respect to established mining and minerals research programs, and to stimulate research in otherwise neglected areas, and to contribute to a comprehensive nationwide program of mining and minerals research, with due regard for the protection and conservation of the environment. The Secretary shall make generally available information and reports on projects completed, in progress, or planned under the provisions of this subchapter, in addition to any direct publication of information by the institutes themselves. **(b) Effect on Federal agencies** Nothing in this subchapter is intended to give or shall be construed as giving the Secretary any authority over mining and mineral resources research conducted by any agency of the Federal Government, or as repealing or diminishing existing authorities or responsibilities of any agency of the Federal Government to plan and conduct, contract for, or assist in research in its area of responsibility and concern with regard to mining and mineral resources. **(c) Availability of results to public** No research, demonstration, or experiment shall be carried out under this subchapter by an institute financed by grants under this subchapter, unless all uses, products, processes, patents, and other developments resulting therefrom, with such exception or limitation, if any, as the Secretary may find necessary in the public interes

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

50 U.S.C. § 167b — Storage, transportation, and withdrawal of crude helium

**(a) Storage, transportation, and withdrawal** The Secretary may store, transport, and withdraw crude helium and maintain and operate crude helium storage facilities, in existence on October 9, 1996, at the Bureau of Mines Cliffside Field, and related helium transportation and withdrawal facilities. **(b) Cessation of production, refining, and marketing** Not later than 18 months after October 9, 1996, the Secretary shall cease producing, refining, and marketing refined helium and shall cease carrying out all other activities relating to helium which the Secretary was authorized to carry out under this chapter before October 9, 1996, except activities described in subsection (a). **(c) Disposal of facilities** (1) **In general** — Subject to paragraph (5), not later than 24 months after the cessation of activities referred to in subsection (b) of this section, the Secretary shall designate as excess property and dispose of all facilities, equipment, and other real and personal property, and all interests therein, held by the United States for the purpose of producing, refining and marketing refined helium. (2) **Applicable law** — The disposal of such property shall be in accordance with chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41. (3) **Proceeds** — All proceeds accruing to the United States by reason of the sale or other disposal of such property shall be treated as moneys received under this chapter for purposes of [section 167d(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section167d/e&num=0&edition=prelim). (4) **Costs** — All costs associated with such sale and disposal (including costs associated with termination of perso

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15 U.S.C. § 3701 — Findings

The Congress finds and declares that: (1) Technology and industrial innovation are central to the economic, environmental, and social well-being of citizens of the United States. (2) Technology and industrial innovation offer an improved standard of living, increased public and private sector productivity, creation of new industries and employment opportunities, improved public services and enhanced competitiveness of United States products in world markets. (3) Many new discoveries and advances in science occur in universities and Federal laboratories, while the application of this new knowledge to commercial and useful public purposes depends largely upon actions by business and labor. Cooperation among academia, Federal laboratories, labor, and industry, in such forms as technology transfer, personnel exchange, joint research projects, and others, should be renewed, expanded, and strengthened. (4) Small businesses have performed an important role in advancing industrial and technological innovation. (5) Industrial and technological innovation in the United States may be lagging when compared to historical patterns and other industrialized nations. (6) Increased industrial and technological innovation would reduce trade deficits, stabilize the dollar, increase productivity gains, increase employment, and stabilize prices. (7) Government antitrust, economic, trade, patent, procurement, regulatory, research and development, and tax policies have significant impacts upon industrial innovation and development of technology, but there is insufficient knowledge of their effects in particular sectors of the economy. (8) No comprehensive national policy exists to enhance technological innovation for commercial and public purposes. There is a need for such a policy, in

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7 U.S.C. § 178 — Congressional findings and declaration of policy

**(a)** (1) Congress recognizes that natural latex rubber is a commodity of vital importance to the economy, the defense, and the general well-being of the Nation. The United States is totally dependent upon foreign sources for its supplies of natural (Hevea) latex, which total about one million tons per year. Synthetic rubber, manufactured from petroleum feedstocks, cannot be substituted for natural rubber. (2) Congress further recognizes that certain plant species of the genus Parthenium (Guayule), native to Texas and the Republic of Mexico, as well as other plants, are known to contain commercial quantities of extractable rubber. During World War II, through research carried out by the Secretary of Agriculture in the Emergency Rubber Project, the United States demonstrated that Parthenium latex is a promising and realistic substitute for Hevea latex. (3) Congress further recognizes that additional research and development are needed, especially into methods for increasing latex yields, before commercialization of native Parthenium latex or other hydrocarbon-containing plants by private industry is feasible. (4) Congress further recognizes that the development of a domestic natural rubber industry, based on Parthenium and other hydrocarbon-containing plants, would not only relieve the Nation’s dependence upon foreign latex sources but also convey substantial economic benefits to people living in arid and semiarid regions of the United States. Such an industry would comprise the agricultural production of the hydrocarbon-containing plants and the development of commercial processing and manufacturing facilities to extract the latex and other products. (5) Congress further recognizes that ongoing research into the development and commercialization of native latex h

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42 U.S.C. § 5908 — Patents and inventions

**(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.,

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42 U.S.C. § 2182 — Inventions conceived during Commission contracts; ownership; waiver; hearings

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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49 U.S.C. § 30168 — Repealed. Pub. L. 112–141, div. C, title I, § 31204(b)(2)(B), July 6, 2012, 126 Stat. 760]

### Statutory Notes Section, Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 971; Pub. L. 104–287, § 5(58), Oct. 11, 1996, 110 Stat. 3394, related to research, testing, development, and training. #### Effective Date of Repeal Repeal effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under [section 101 of Title 23](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section101&num=0&edition=prelim), Highways.

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

7 U.S.C. § 3105 — Agricultural research; authorization of additional appropriations; administrative expenses; availability of special research fund

**(a)** In order to carry out further research on utilization and associated problems in connection with the development and application of present, new, and extended uses of agricultural commodities and products thereof authorized by [section 3104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section3104&num=0&edition=prelim), and to disseminate information relative thereto, and in addition to all other appropriations authorized by this title,11 See References in Text note below. there is authorized to be appropriated the following sums: (1) $3,000,000 for the fiscal year ending June 30, 1947, and each subsequent fiscal year. (2) An additional $3,000,000 for the fiscal year ending June 30, 1948, and each subsequent fiscal year. (3) An additional $3,000,000 for the fiscal year ending June 30, 1949, and each subsequent fiscal year. (4) An additional $3,000,000 for the fiscal year ending June 30, 1950, and each subsequent fiscal year. (5) An additional $3,000,000 for the fiscal year ending June 30, 1951, and each subsequent fiscal year. (6) In addition to the foregoing, such additional funds beginning with the fiscal year ending June 30, 1952, and thereafter, as the Congress may deem necessary. The Secretary of Agriculture, in accordance with such regulations as he deems necessary, and when in his judgment the work to be performed will be carried out more effectively, more rapidly, or at less cost than if performed by the Department of Agriculture, may enter into contracts with such public or private organizations or individuals as he may find qualified to carry on work under this section without regard to the provisions of [section 6101 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section6101

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