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35 U.S.C. § 200 — Policy and objective
Federal law — U.S. Code and appendices · legal_authorities
It is the policy and objective of the Congress to use the patent system to promote the utilization of inventions arising from federally supported research or development; to encourage maximum participation of small business firms in federally supported research and development efforts; to promote collaboration between commercial concerns and nonprofit organizations, including universities; to ensure that inventions made by nonprofit organizations and small business firms are used in a manner to promote free competition and enterprise without unduly encumbering future research and discovery; to promote the commercialization and public availability of inventions made in the United States by United States industry and labor; to ensure that the Government obtains sufficient rights in federally supported inventions to meet the needs of the Government and protect the public against nonuse or unreasonable use of inventions; and to minimize the costs of administering policies in this area.
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Stable record: federal_law:legal_authorities:record_usc_d80cd3c135aeffff22b5fa90
Source file: Laws/federal/codes/united-states-code/title-35/section-200-policy-and-objective--c565898225.md
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Source location: Title 35, Chapter 18, § 200; chapter-018-patent-rights-in-inventions-made-with-federal-assistance.md
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It is the policy and objective of the Congress to use the patent system to promote the utilization of inventions arising from federally supported research or development; to encourage maximum participation of small business firms in federally supported research and development efforts; to promote collaboration between commercial concerns and nonprofit organizations, including universities; to ensure that inventions made by nonprofit organizations and small business firms are used in a manner to promote free competition and enterprise without unduly encumbering future research and discovery; to promote the commercialization and public availability of inventions made in the United States by United States industry and labor; to ensure that the Government obtains sufficient rights in federally supported inventions to meet the needs of the Government and protect the public against nonuse or unreasonable use of inventions; and to minimize the costs of administering policies in this area.
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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) Regulations Required.—**
(1) **In general.—** — The Secretary of Defense shall prescribe regulations to define the legitimate interest of the United States and of a contractor or subcontractor in technical data pertaining to an item or process. Such regulations shall be included in regulations of the Department of Defense prescribed as part of the Federal Acquisition Regulation.
(2) **Other rights not impaired.—** — Regulations prescribed under paragraph (1) may not impair—
(A) any right of the United States or of any contractor or subcontractor with respect to patents or copyrights or any other right in technical data otherwise established by law; or
(B) the right of a contractor or subcontractor to receive from a third party a fee or royalty for the use of technical data pertaining to an item or process developed exclusively at private expense by the contractor or subcontractor, except as otherwise specifically provided by law.
**(b) Required Provisions.—** Regulations prescribed under subsection (a) shall include the following provisions:
(1) **Development exclusively with federal funds.—** — In the case of an item or process that is developed by a contractor or subcontractor exclusively with Federal funds (other than an item or process developed under a contract or subcontract to which regulations under section 9(j)(2) of the Small Business Act ([15 U.S.C. 638(j)(2)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section638/j/2&num=0&edition=prelim)) apply), the United States shall have the unlimited right to—
(A) use technical data pertaining to the item or process; or
(B) release or disclose the technical data to persons outside the government or permit the use of the technical data by such persons.
(2) **Development ex
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3771
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Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 3701
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Where Defined.—** The legitimate proprietary interest of the Federal Government and of a contractor in technical or other data shall be defined in regulations prescribed as part of the Federal Acquisition Regulation.
**(b) General Extent of Regulations.—**
(1) **Other rights not impaired.—** — Regulations prescribed under subsection (a) may not impair a right of the Federal Government or of a contractor with respect to a patent or copyright or another right in technical data otherwise established by law.
(2) **Limitation on requiring data be provided to the government.—** — With respect to executive agencies subject to division C, regulations prescribed under subsection (a) shall provide that the Federal Government may not require a person that has developed a product (or process offered or to be offered for sale to the public) to provide to the Federal Government technical data relating to the design (or development or manufacture of the product or process) as a condition of procurement by the Federal Government of the product or process. This paragraph does not apply to data that may be necessary for the Federal Government to operate and maintain the product or use the process if the Federal Government obtains it as an element of performance under the contract.
**(c) Technical Data Developed With Federal Funds.—**
(1) **Use by government and agencies.—** — Except as otherwise expressly provided by Federal statute, with respect to executive agencies subject to division C, regulations prescribed under subsection (a) shall provide that—
(A) the Federal Government has unlimited rights in technical data developed exclusively with Federal funds if delivery of the data—
(i) was required as an element of performance under a contract; and
(ii) is needed
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 2302
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) **Public building, public use, and public work.—** — The terms “public building”, “public use”, and “public work” mean a public building of, use by, and a public work of, the Federal Government, the District of Columbia, Puerto Rico, American Samoa, and the Virgin Islands.
(2) **United states.—** — The term “United States” includes any place subject to the jurisdiction of the United States.
(3) **Federal agency.—** — The term “Federal agency” has the meaning given the term “executive agency” in [section 133 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section133&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
Page 87
TITLE 35—PATENTS
§ 200
§ 186. Penalty
Whoever, during the period or periods of time
an invention has been ordered to be kept secret
and the grant of a patent thereon withheld pur-
suant to section 181, shall, with knowledge of
such order and without due authorization, will-
fully publish or disclose or authorize or cause to
be published or disclosed the invention, or mate-
rial information with respect thereto, or who-
ever willfully, in violation of the provisions of
section 184, shall file or cause or authorize to be
filed in any foreign country an application for
patent or for the registration of a utility model,
industrial design, or model in respect of any in-
vention made in the United States, shall, upon
conviction, be fined not more than $10,000 or im-
prisoned for not more than two years, or both.
(July 19, 1952, ch. 950, 66 Stat. 807; Pub. L.
100–418, title IX, § 9101(b)(3), Aug. 23, 1988, 102
Stat. 1568; Pub. L. 112–29, § 20(j), Sept. 16, 2011, 125
Stat. 335.)
HISTORICAL AND REVISION NOTES
Based on Title 35, U.S.C., 1946 ed., § 156 (Feb. 1, 1952,
ch. 4, § 6, 66 Stat. 5, 6).
Language is changed.
Editorial Notes
AMENDMENTS
2011—Pub. L. 112–29 struck out ‘‘of this title’’ after
‘‘181’’ and after ‘‘184’’.
1988—Pub. L. 100–418, which directed the insertion of
‘‘willfully’’ after second reference to ‘‘whoever’’, was
executed by making the insertion after ‘‘or whoever’’,
as the probable intent of Congress.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2011 AMENDMENT
Amendment by Pub. L. 112–29 effective upon the expi-
ration of the 1-year period beginning on Sept. 16, 2011,
and applicable to proceedings commenced on or after
that effective date, see section 20(l) of Pub. L. 112–29,
set out as a note under section 2
Source: Supplied 2024 U.S. Code historical extraction · 35 U.S.C. § 200
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