35 U.S.C. § 204 — Preference for United States industry

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 (including a nonexclusive license) for a reasonable time in order for a patent application to be filed. Furthermore, Federal agencies shall not be required to release copies of any docu- ment which is part of an application for patent filed with the United States Patent and Trade- mark Office or with any foreign patent office. (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. § 206. Uniform clauses and regulations The Secretary of Commerce may issue regula- tions which may be made applicable to Federal agencies implementing the provisions of sec- tions 202 through 204 of this chapter and shall establish standard funding agreement provisions required under this chapter. The regulations and the standard funding agreement shall be subject to public comment before their issuance. (Added Pub. L. 96–517, § 6(a), Dec. 12, 1980, 94 Stat. 3023; amended Pub. L. 98–620, title V, § 501(10), Nov. 8, 1984, 98 Stat. 3367.) Editorial Notes AMENDMENTS 1984—Pub. L. 98–620 amended section generally. Prior to amendment, section read as follows: ‘‘The Office of Federal Procurement Policy, after receiving rec- ommendations of the Office of Science and Technology Policy, may issue regulations which may be made ap- plicable to Federal agencies implementing the provi- sions of sections 202 through 204 of this chapter and the Office of Federal Procurement Policy shall establish standard funding agreement provisions required under this chapter.’’ 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. § 207. Domestic and foreign protection of feder- ally owned inventions (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 par- tially 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 appro- priate in the public interest; (3) undertake all other suitable and nec- essary 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 ac- quired 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 protec- tion 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 commer- cial utilization. (Added Pub. L. 96–517, § 6(a), Dec. 12, 1980, 94 Stat. 3023; amended Pub. L. 98–620, title V,