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35 U.S.C. § 207 — Domestic and foreign protection of federally owned inventions
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Each Federal agency is authorized to—
(1) apply for, obtain, and maintain patents or other forms of protection in the United States and in foreign countries on inventions in which the Federal Government owns a right, title, or interest;
(2) grant nonexclusive, exclusive, or partially exclusive licenses under federally owned inventions, royalty-free or for royalties or other consideration, and on such terms and conditions, including the grant to the licensee of the right of enforcement pursuant to the provisions of chapter 29 as determined appropriate in the public interest;
(3) undertake all other suitable and necessary steps to protect and administer rights to federally owned inventions on behalf of the Federal Government either directly or through contract, including acquiring rights for and administering royalties to the Federal Government in any invention, but only to the extent the party from whom the rights are acquired voluntarily enters into the transaction, to facilitate the licensing of a federally owned invention; and
(4) transfer custody and administration, in whole or in part, to another Federal agency, of the right, title, or interest in any federally owned invention.
**(b)** For the purpose of assuring the effective management of Government-owned inventions, the Secretary of Commerce is authorized to—
(1) assist Federal agency efforts to promote the licensing and utilization of Government-owned inventions;
(2) assist Federal agencies in seeking protection and maintaining inventions in foreign countries, including the payment of fees and costs connected therewith; and
(3) consult with and advise Federal agencies as to areas of science and technology research and development with potential for commercial utilization.
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Stable record: federal_law:legal_authorities:record_usc_f5017d463e468ad5a8e187ec
Source file: Laws/federal/codes/united-states-code/title-35/section-207-domestic-and-foreign-protection-of-federally-owned-inventions--c3d8c01d32.md
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Source location: Title 35, Chapter 18, § 207; chapter-018-patent-rights-in-inventions-made-with-federal-assistance.md
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**(a)** Each Federal agency is authorized to—
(1) apply for, obtain, and maintain patents or other forms of protection in the United States and in foreign countries on inventions in which the Federal Government owns a right, title, or interest;
(2) grant nonexclusive, exclusive, or partially exclusive licenses under federally owned inventions, royalty-free or for royalties or other consideration, and on such terms and conditions, including the grant to the licensee of the right of enforcement pursuant to the provisions of chapter 29 as determined appropriate in the public interest;
(3) undertake all other suitable and necessary steps to protect and administer rights to federally owned inventions on behalf of the Federal Government either directly or through contract, including acquiring rights for and administering royalties to the Federal Government in any invention, but only to the extent the party from whom the rights are acquired voluntarily enters into the transaction, to facilitate the licensing of a federally owned invention; and
(4) transfer custody and administration, in whole or in part, to another Federal agency, of the right, title, or interest in any federally owned invention.
**(b)** For the purpose of assuring the effective management of Government-owned inventions, the Secretary of Commerce is authorized to—
(1) assist Federal agency efforts to promote the licensing and utilization of Government-owned inventions;
(2) assist Federal agencies in seeking protection and maintaining inventions in foreign countries, including the payment of fees and costs connected therewith; and
(3) consult with and advise Federal agencies as to areas of science and technology research and development with potential for commercial utilization.
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Federal law — U.S. Code and appendices · legal_authorities
The responsibilities of the Administrator shall include, but not be limited to—
(1) exercising central responsibility for policy planning, coordination, support, and management of research and development programs respecting all energy sources, including assessing the requirements for research and development in regard to various energy sources in relation to near-term and long-range needs, policy planning in regard to meeting those requirements, undertaking programs for the optimal development of the various forms of energy sources, managing such programs, and disseminating information resulting therefrom;
(2) encouraging and conducting research and development, including demonstration of commercial feasibility and practical applications of the extraction, conversion, storage, transmission, and utilization phases related to the development and use of energy from fossil, nuclear, solar, geothermal, and other energy sources;
(3) engaging in and supporting environmental, biomedical, physical, and safety research related to the development of energy sources and utilization technologies;
(4) taking into account the existence, progress, and results of other public and private research and development activities, including those activities of the Federal Energy Administration relating to the development of energy resources using currently available technology in promoting increased utilization of energy resources, relevant to the Administration’s mission in formulating its own research and development programs;
(5) participating in and supporting cooperative research and development projects which may involve contributions by public or private persons or agencies, of financial or other resources to the performance of the work;
(6) developing, collecting, distributing, a
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5814
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The United States Patent and Trademark Office, subject to the policy direction of the Secretary of Commerce—
(1) shall be responsible for the granting and issuing of patents and the registration of trademarks; and
(2) shall be responsible for disseminating to the public information with respect to patents and trademarks.
**(b) Specific Powers.—** The Office—
(1) shall adopt and use a seal of the Office, which shall be judicially noticed and with which letters patent, certificates of trademark registrations, and papers issued by the Office shall be authenticated;
(2) may establish regulations, not inconsistent with law, which—
(A) shall govern the conduct of proceedings in the Office;
(B) shall be made in accordance with [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim);
(C) shall facilitate and expedite the processing of patent applications, particularly those which can be filed, stored, processed, searched, and retrieved electronically, subject to the provisions of section 122 relating to the confidential status of applications;
(D) may govern the recognition and conduct of agents, attorneys, or other persons representing applicants or other parties before the Office, and may require them, before being recognized as representatives of applicants or other persons, to show that they are of good moral character and reputation and are possessed of the necessary qualifications to render to applicants or other persons valuable service, advice, and assistance in the presentation or prosecution of their applications or other business before the Office;
(E) shall recognize the public interest in continuing to safeguard broad access to the United States patent sys
Source: Supplied U.S. Code snapshot — release unconfirmed · 35 U.S.C. § 2
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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) Encouragement of Transfer Required.—** The Secretary of Defense shall encourage, to the extent consistent with national security objectives, the transfer of technology between laboratories and research centers of the Department of Defense and other Federal agencies, State and local governments, colleges and universities, and private persons in cases that are likely to result in accomplishing the objectives set forth in [section 4811(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4811/a&num=0&edition=prelim).
**(b) Examination and Implementation of Methods To Encourage Transfer.—** The Secretary shall examine and implement methods, in addition to the encouragement referred to in subsection (a) and the program described in subsection (c), that are consistent with national security objectives and will enable Department of Defense personnel to promote technology transfer.
**(c) Program To Encourage Diversification of Defense Laboratories.—**
(1) The Secretary of Defense shall establish and implement a program to be known as the Federal Defense Laboratory Diversification Program (hereinafter in this subsection referred to as the “Program”). The purpose of the Program shall be to encourage greater cooperation in research and production activities carried out by defense laboratories and by private industry of the United States in order to enhance and improve the products of such research and production activities.
(2) Under the Program, the defense laboratories, in coordination with the Office of Technology Transfer in the Office of the Secretary of Defense, shall carry out cooperative activities with private industry in order to promote (by the use or exchange of patents, licenses, cooperative research and development a
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4832
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General authority** Each Federal agency may permit the director of any of its Government-operated Federal laboratories, and, to the extent provided in an agency-approved joint work statement or, if permitted by the agency, in an agency-approved annual strategic plan, the director of any of its Government-owned, contractor-operated laboratories—
(1) to enter into cooperative research and development agreements on behalf of such agency (subject to subsection (c) of this section) with other Federal agencies; units of State, local, or territorial government; industrial organizations (including corporations, partnerships, and limited partnerships, and industrial development organizations); public and private foundations; nonprofit organizations (including universities); or other persons (including licensees of inventions owned by the Federal agency); and
(2) to negotiate licensing agreements under [section 207 of title 35](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title35-section207&num=0&edition=prelim), or under other authorities (in the case of a Government-owned, contractor-operated laboratory, subject to subsection (c) of this section) for inventions made or other intellectual property developed at the laboratory and other inventions or other intellectual property that may be voluntarily assigned to the Government.
**(b) Enumerated authority**
(1) Under an agreement entered into pursuant to subsection (a)(1), the laboratory may grant, or agree to grant in advance, to a collaborating party patent licenses or assignments, or options thereto, in any invention made in whole or in part by a laboratory employee under the agreement, or, subject to [section 209 of title 35](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title35-section
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 3710a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general**
(1) Except as provided in paragraphs (2) and (4), any royalties or other payments received by a Federal agency from the licensing and assignment of inventions under agreements entered into by Federal laboratories under [section 3710a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section3710a&num=0&edition=prelim), and from the licensing of inventions of Federal laboratories under [section 207 of title 35](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title35-section207&num=0&edition=prelim) or under any other provision of law, shall be retained by the laboratory which produced the invention and shall be disposed of as follows:
(A)
(i) The head of the agency or laboratory, or such individual’s designee, shall pay each year the first $2,000, and thereafter at least 15 percent, of the royalties or other payments, other than payments of patent costs as delineated by a license or assignment agreement, to the inventor or coinventors, if the inventor’s or coinventor’s rights are assigned to the United States.
(ii) An agency or laboratory may provide appropriate incentives, from royalties, or other payments, to laboratory employees who are not an inventor of such inventions but who substantially increased the technical value of such inventions.
(iii) The agency or laboratory shall retain the royalties and other payments received from an invention until the agency or laboratory makes payments to employees of a laboratory under clause (i) or (ii).
(B) The balance of the royalties or other payments shall be transferred by the agency to its laboratories, with the majority share of the royalties or other payments from any invention going to the laboratory where the invention occurred. The r
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 3710c
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Federal law — U.S. Code and appendices · legal_authorities
Page 93
TITLE 35—PATENTS
§ 207
of Pub. L. 96–517, set out as an Effective Date of 1980
Amendment note under section 41 of this title.
§ 204. Preference for United States industry
Notwithstanding any other provision of this
chapter, no small business firm or nonprofit or-
ganization which receives title to any subject
invention and no assignee of any such small
business firm or nonprofit organization shall
grant to any person the exclusive right to use or
sell any subject invention in the United States
unless such person agrees that any products em-
bodying the subject invention or produced
through the use of the subject invention will be
manufactured
substantially
in
the
United
States. However, in individual cases, the re-
quirement for such an agreement may be waived
by the Federal agency under whose funding
agreement the invention was made upon a show-
ing by the small business firm, nonprofit organi-
zation, or assignee that reasonable but unsuc-
cessful efforts have been made to grant licenses
on similar terms to potential licensees that
would be likely to manufacture substantially in
the United States or that under the cir-
cumstances domestic manufacture is not com-
mercially feasible.
(Added Pub. L. 96–517, § 6(a), Dec. 12, 1980, 94
Stat. 3023.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective July 1, 1981, but implementing regu-
lations authorized to be issued earlier, see section 8(f)
of Pub. L. 96–517, set out as an Effective Date of 1980
Amendment note under section 41 of this title.
§ 205. Confidentiality
Federal agencies are authorized to withhold
from disclosure to the public information dis-
closing any invention in which the Federal Gov-
ernment owns or may own a right, title, or in-
terest (includin
Source: Supplied 2024 U.S. Code historical extraction · 35 U.S.C. § 207
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.