Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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Fabio
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---
type: "LegalText"
title: "35 U.S.C. § 200"
description: "Policy and objective"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 35
title_name: "PATENTS"
chapter_number: "18"
chapter_name: "PATENT RIGHTS IN INVENTIONS MADE WITH FEDERAL ASSISTANCE"
section: "200"
citation: "35 U.S.C. § 200"
status: "current"
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---
# 35 U.S.C. § 200 - Policy and objective
## Text
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.
(Added Pub. L. 96517, § 6(a), Dec. 12, 1980, 94 Stat. 3018; amended Pub. L. 106404, § 5, Nov. 1, 2000, 114 Stat. 1745.)
## Notes
Editorial Notes
Amendments2000—Pub. L. 106404 substituted “enterprise without unduly encumbering future research and discovery;” for “enterprise;”.
Statutory Notes and Related Subsidiaries
Effective DateSection effective July 1, 1981, but implementing regulations authorized to be issued earlier, see section 8(f) of Pub. L. 96517, set out as an Effective Date of 1980 Amendment note under section 41 of this title.
Short TitleThis chapter is popularly known as the Bayh-Dole Act. Section 6(a) of Pub. L. 96517, Dec. 12, 1980, 94 Stat. 3018, which enacted this chapter, is also popularly known as the Bayh-Dole Act and also as the University and Small Business Patent Procedures Act of 1980. For complete classification of section 6(a) of Pub. L. 96517 to the Code, see Tables.
@@ -0,0 +1,65 @@
---
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title_number: 35
title_name: "PATENTS"
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citation: "35 U.S.C. § 201"
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---
# 35 U.S.C. § 201 - Definitions
## Text
As used in this chapter—
(a) The term “Federal agency” means any executive agency as defined in section 105 of title 5, and the military departments as defined by section 102 of title 5.
(b) The term “funding agreement” means any contract, grant, or cooperative agreement entered into between any Federal agency, other than the Tennessee Valley Authority, and any contractor for the performance of experimental, developmental, or research work funded in whole or in part by the Federal Government. Such term includes any assignment, substitution of parties, or subcontract of any type entered into for the performance of experimental, developmental, or research work under a funding agreement as herein defined.
(c) The term “contractor” means any person, small business firm, or nonprofit organization that is a party to a funding agreement.
(d) The term “invention” means any invention or discovery which is or may be patentable or otherwise protectable under this title or any novel variety of plant which is or may be protectable under the Plant Variety Protection Act (7 U.S.C. 2321 et seq.).
(e) The term “subject invention” means any invention of the contractor conceived or first actually reduced to practice in the performance of work under a funding agreement: Provided, That in the case of a variety of plant, the date of determination (as defined in section 41(d) 11 See References in Text note below. of the Plant Variety Protection Act (7 U.S.C. 2401(d))) must also occur during the period of contract performance.
(f) The term “practical application” means to manufacture in the case of a composition or product, to practice in the case of a process or method, or to operate in the case of a machine or system; and, in each case, under such conditions as to establish that the invention is being utilized and that its benefits are to the extent permitted by law or Government regulations available to the public on reasonable terms.
(g) The term “made” when used in relation to any invention means the conception or first actual reduction to practice of such invention.
(h) The term “small business firm” means a small business concern as defined at section 2 of Public Law 85536 (15 U.S.C. 632) and implementing regulations of the Administrator of the Small Business Administration.
(i) The term “nonprofit organization” means universities and other institutions of higher education or an organization of the type described in section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)) and exempt from taxation under section 501(a) of the Internal Revenue Code (26 U.S.C. 501(a)) or any nonprofit scientific or educational organization qualified under a State nonprofit organization statute.
(Added Pub. L. 96517, § 6(a), Dec. 12, 1980, 94 Stat. 3019; amended Pub. L. 98620, title V, § 501(1), (2), Nov. 8, 1984, 98 Stat. 3364; Pub. L. 99514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 107273, div. C, title III, § 13206(a)(12), Nov. 2, 2002, 116 Stat. 1904.)
## Notes
Editorial Notes
References in TextThe Plant Variety Protection Act, referred to in subsec. (d), is Pub. L. 91577, Dec. 24, 1970, 84 Stat. 1542, which is classified principally to chapter 57 (§ 2321 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 2321 of Title 7 and Tables. Section 41 of the Plant Variety Protection Act (7 U.S.C. 2401(d)), referred to in subsec. (e), was subsequently amended, and no longer defines the term “date of determination”.
Amendments2002—Subsec. (a). Pub. L. 107273 struck out “United States Code,” after “section 105 of title 5,” and “, United States Code” after “section 102 of title 5”. 1986—Subsec. (i). Pub. L. 99514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”. 1984—Subsec. (d). Pub. L. 98620, § 501(1), inserted “or any novel variety of plant which is or may be protectable under the Plant Variety Protection Act (7 U.S.C. 2321 et seq.)” after “title”. Subsec. (e). Pub. L. 98620, § 501(2), inserted “: Provided, That in the case of a variety of plant, the date of determination (as defined in section 41(d) of the Plant Variety Protection Act (7 U.S.C. 2401(d))) must also occur during the period of contract performance” after “agreement”.
Statutory Notes and Related Subsidiaries
Effective DateSection effective July 1, 1981, but implementing regulations authorized to be issued earlier, see section 8(f) of Pub. L. 96517, set out as an Effective Date of 1980 Amendment note under section 41 of this title.
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type: "LegalText"
title: "35 U.S.C. § 203"
description: "March-in rights"
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corpus: "united_states_code"
kind: "code_section"
title_number: 35
title_name: "PATENTS"
chapter_number: "18"
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section: "203"
citation: "35 U.S.C. § 203"
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# 35 U.S.C. § 203 - March-in rights
## Text
(a) With respect to any subject invention in which a small business firm or nonprofit organization has acquired title under this chapter, the Federal agency under whose funding agreement the subject invention was made shall have the right, in accordance with such procedures as are provided in regulations promulgated hereunder to require the contractor, an assignee or exclusive licensee of a subject invention to grant a nonexclusive, partially exclusive, or exclusive license in any field of use to a responsible applicant or applicants, upon terms that are reasonable under the circumstances, and if the contractor, assignee, or exclusive licensee refuses such request, to grant such a license itself, if the Federal agency determines that such—
(1) action is necessary because the contractor or assignee has not taken, or is not expected to take within a reasonable time, effective steps to achieve practical application of the subject invention in such field of use;
(2) action is necessary to alleviate health or safety needs which are not reasonably satisfied by the contractor, assignee, or their licensees;
(3) action is necessary to meet requirements for public use specified by Federal regulations and such requirements are not reasonably satisfied by the contractor, assignee, or licensees; or
(4) action is necessary because the agreement required by section 204 has not been obtained or waived or because a licensee of the exclusive right to use or sell any subject invention in the United States is in breach of its agreement obtained pursuant to section 204.
(b) A determination pursuant to this section or section 202(b)(4) 11 See References in Text note below. shall not be subject to chapter 71 of title 41. An administrative appeals procedure shall be established by regulations promulgated in accordance with section 206. Additionally, any contractor, inventor, assignee, or exclusive licensee adversely affected by a determination under this section may, at any time within sixty days after the determination is issued, file a petition in the United States Court of Federal Claims, which shall have jurisdiction to determine the appeal on the record and to affirm, reverse, remand or modify, as appropriate, the determination of the Federal agency. In cases described in paragraphs (1) and (3) of subsection (a), the agencys determination shall be held in abeyance pending the exhaustion of appeals or petitions filed under the preceding sentence.
(Added Pub. L. 96517, § 6(a), Dec. 12, 1980, 94 Stat. 3022; amended Pub. L. 98620, title V, § 501(9), Nov. 8, 1984, 98 Stat. 3367; Pub. L. 102572, title IX, § 902(b)(1), Oct. 29, 1992, 106 Stat. 4516; Pub. L. 107273, div. C, title III, § 13206(a)(14), Nov. 2, 2002, 116 Stat. 1905; Pub. L. 111350, § 5(i)(2), Jan. 4, 2011, 124 Stat. 3850.)
## Notes
Editorial Notes
References in TextSection 202(b)(4), referred to in subsec. (b), was redesignated section 202(b)(3) of this title by Pub. L. 1118, div. G, title I, § 1301(h), Mar. 11, 2009, 123 Stat. 829.
Amendments2011—Subsec. (b). Pub. L. 111350 substituted “chapter 71 of title 41” for “the Contract Disputes Act (41 U.S.C. § 601 et seq.)”. 2002—Pub. L. 107273 redesignated par. (1) as subsec. (a) and former subpars. (a) to (d) as pars. (1) to (4), respectively, redesignated former par. (2) as subsec. (b), struck out quotation marks and comma before “as appropriate”, and substituted “paragraphs (1) and (3) of subsection (a)” for “paragraphs (a) and (c)”. 1992—Par. (2). Pub. L. 102572 substituted “United States Court of Federal Claims” for “United States Claims Court”. 1984—Pub. L. 98620 designated existing provisions as par. (1) and added par. (2).
Statutory Notes and Related Subsidiaries
Effective Date of 1992 AmendmentAmendment by Pub. L. 102572 effective Oct. 29, 1992, see section 911 of Pub. L. 102572, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure.
Effective DateSection effective July 1, 1981, but implementing regulations authorized to be issued earlier, see section 8(f) of Pub. L. 96517, set out as an Effective Date of 1980 Amendment note under section 41 of this title.
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title_number: 35
title_name: "PATENTS"
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citation: "35 U.S.C. § 204"
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---
# 35 U.S.C. § 204 - Preference for United States industry
## Text
Notwithstanding any other provision of this chapter, no small business firm or nonprofit organization 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 embodying 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 requirement for such an agreement may be waived by the Federal agency under whose funding agreement the invention was made upon a showing by the small business firm, nonprofit organization, or assignee that reasonable but unsuccessful 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 circumstances domestic manufacture is not commercially feasible.
(Added Pub. L. 96517, § 6(a), Dec. 12, 1980, 94 Stat. 3023.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DateSection effective July 1, 1981, but implementing regulations authorized to be issued earlier, see section 8(f) of Pub. L. 96517, set out as an Effective Date of 1980 Amendment note under section 41 of this title.
@@ -0,0 +1,41 @@
---
type: "LegalText"
title: "35 U.S.C. § 205"
description: "Confidentiality"
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corpus: "united_states_code"
kind: "code_section"
title_number: 35
title_name: "PATENTS"
chapter_number: "18"
chapter_name: "PATENT RIGHTS IN INVENTIONS MADE WITH FEDERAL ASSISTANCE"
section: "205"
citation: "35 U.S.C. § 205"
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---
# 35 U.S.C. § 205 - Confidentiality
## Text
Federal agencies are authorized to withhold from disclosure to the public information disclosing any invention in which the Federal Government owns or may own a right, title, or interest (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 document which is part of an application for patent filed with the United States Patent and Trademark Office or with any foreign patent office.
(Added Pub. L. 96517, § 6(a), Dec. 12, 1980, 94 Stat. 3023.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DateSection effective July 1, 1981, but implementing regulations authorized to be issued earlier, see section 8(f) of Pub. L. 96517, set out as an Effective Date of 1980 Amendment note under section 41 of this title.
@@ -0,0 +1,45 @@
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---
# 35 U.S.C. § 206 - Uniform clauses and regulations
## Text
The Secretary of Commerce may issue regulations which may be made applicable to Federal agencies implementing the provisions of sections 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. 96517, § 6(a), Dec. 12, 1980, 94 Stat. 3023; amended Pub. L. 98620, title V, § 501(10), Nov. 8, 1984, 98 Stat. 3367.)
## Notes
Editorial Notes
Amendments1984—Pub. L. 98620 amended section generally. Prior to amendment, section read as follows: “The Office of Federal Procurement Policy, after receiving recommendations of the Office of Science and Technology Policy, may issue regulations which may be made applicable to Federal agencies implementing the provisions 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 DateSection effective July 1, 1981, but implementing regulations authorized to be issued earlier, see section 8(f) of Pub. L. 96517, set out as an Effective Date of 1980 Amendment note under section 41 of this title.
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title_name: "PATENTS"
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---
# 35 U.S.C. § 208 - Regulations governing Federal licensing
## Text
The Secretary of Commerce is authorized to promulgate regulations specifying the terms and conditions upon which any federally owned invention, other than inventions owned by the Tennessee Valley Authority, may be licensed on a nonexclusive, partially exclusive, or exclusive basis.
(Added Pub. L. 96517, § 6(a), Dec. 12, 1980, 94 Stat. 3024; amended Pub. L. 98620, title V, § 501(12), Nov. 8, 1984, 98 Stat. 3367.)
## Notes
Editorial Notes
Amendments1984—Pub. L. 98620 substituted “Secretary of Commerce” for “Administrator of General Services”.
Statutory Notes and Related Subsidiaries
Effective DateSection effective July 1, 1981, but implementing regulations authorized to be issued earlier, see section 8(f) of Pub. L. 96517, set out as an Effective Date of 1980 Amendment note under section 41 of this title.
@@ -0,0 +1,85 @@
---
type: "LegalText"
title: "35 U.S.C. § 209"
description: "Licensing federally owned inventions"
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corpus: "united_states_code"
kind: "code_section"
title_number: 35
title_name: "PATENTS"
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---
# 35 U.S.C. § 209 - Licensing federally owned inventions
## Text
(a) Authority.— A Federal agency may grant an exclusive or partially exclusive license on a federally owned invention under section 207(a)(2) only if—
(1) granting the license is a reasonable and necessary incentive to—
(A) call forth the investment capital and expenditures needed to bring the invention to practical application; or
(B) otherwise promote the inventions utilization by the public;
(2) the Federal agency finds that the public will be served by the granting of the license, as indicated by the applicants intentions, plans, and ability to bring the invention to practical application or otherwise promote the inventions utilization by the public, and that the proposed scope of exclusivity is not greater than reasonably necessary to provide the incentive for bringing the invention to practical application, as proposed by the applicant, or otherwise to promote the inventions utilization by the public;
(3) the applicant makes a commitment to achieve practical application of the invention within a reasonable time, which time may be extended by the agency upon the applicants request and the applicants demonstration that the refusal of such extension would be unreasonable;
(4) granting the license will not tend to substantially lessen competition or create or maintain a violation of the Federal antitrust laws; and
(5) in the case of an invention covered by a foreign patent application or patent, the interests of the Federal Government or United States industry in foreign commerce will be enhanced.
(b) Manufacture in United States.— A Federal agency shall normally grant a license under section 207(a)(2) to use or sell any federally owned invention in the United States only to a licensee who agrees that any products embodying the invention or produced through the use of the invention will be manufactured substantially in the United States.
(c) Small Business.— First preference for the granting of any exclusive or partially exclusive licenses under section 207(a)(2) shall be given to small business firms having equal or greater likelihood as other applicants to bring the invention to practical application within a reasonable time.
(d) Terms and Conditions.— Any licenses granted under section 207(a)(2) shall contain such terms and conditions as the granting agency considers appropriate, and shall include provisions—
(1) retaining a nontransferable, irrevocable, paid-up license for any Federal agency to practice the invention or have the invention practiced throughout the world by or on behalf of the Government of the United States;
(2) requiring periodic reporting on utilization of the invention, and utilization efforts, by the licensee, but only to the extent necessary to enable the Federal agency to determine whether the terms of the license are being complied with, except that any such report shall be treated by the Federal agency as commercial and financial information obtained from a person and privileged and confidential and not subject to disclosure under section 552 of title 5; and
(3) empowering the Federal agency to terminate the license in whole or in part if the agency determines that—
(A) the licensee is not executing its commitment to achieve practical application of the invention, including commitments contained in any plan submitted in support of its request for a license, and the licensee cannot otherwise demonstrate to the satisfaction of the Federal agency that it has taken, or can be expected to take within a reasonable time, effective steps to achieve practical application of the invention;
(B) the licensee is in breach of an agreement described in subsection (b);
(C) termination is necessary to meet requirements for public use specified by Federal regulations issued after the date of the license, and such requirements are not reasonably satisfied by the licensee; or
(D) the licensee has been found by a court of competent jurisdiction to have violated the Federal antitrust laws in connection with its performance under the license agreement.
(e) Public Notice.— No exclusive or partially exclusive license may be granted under section 207(a)(2) unless public notice of the intention to grant an exclusive or partially exclusive license on a federally owned invention has been provided in an appropriate manner at least 15 days before the license is granted, and the Federal agency has considered all comments received before the end of the comment period in response to that public notice. This subsection shall not apply to the licensing of inventions made under a cooperative research and development agreement entered into under section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a).
(f) Plan.— No Federal agency shall grant any license under a patent or patent application on a federally owned invention unless the person requesting the license has supplied the agency with a plan for development or marketing of the invention, except that any such plan shall be treated by the Federal agency as commercial and financial information obtained from a person and privileged and confidential and not subject to disclosure under section 552 of title 5.
(Added Pub. L. 96517, § 6(a), Dec. 12, 1980, 94 Stat. 3024; amended Pub. L. 106404, § 4(a), Nov. 1, 2000, 114 Stat. 1743; Pub. L. 107273, div. C, title III, § 13206(a)(15), Nov. 2, 2002, 116 Stat. 1905; Pub. L. 11229, § 20(i)(3), Sept. 16, 2011, 125 Stat. 335.)
## Notes
Editorial Notes
Amendments2011—Subsec. (d)(1). Pub. L. 11229 substituted “nontransferable” for “nontransferrable”. 2002—Subsecs. (d)(2), (f). Pub. L. 107273 struck out “of the United States Code” after “title 5”. 2000—Pub. L. 106404 amended section catchline and text generally, restructuring and revising provisions setting forth criteria, terms, and conditions relating to granting of licenses on federally owned inventions.
Statutory Notes and Related Subsidiaries
Effective Date of 2011 AmendmentAmendment by Pub. L. 11229 effective upon the expiration 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. 11229, set out as a note under section 2 of this title.
Effective DateSection effective July 1, 1981, but implementing regulations authorized to be issued earlier, see section 8(f) of Pub. L. 96517, set out as an Effective Date of 1980 Amendment note under section 41 of this title.
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# 35 U.S.C. § 210 - Precedence of chapter
## Text
(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); 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); 60 Stat. 1090);
(3) section 501(c) of the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 951(c); 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); 1 82 Stat. 360);
(6) section 152 of the Atomic Energy Act of 1954 (42 U.S.C. 2182; 68 Stat. 943);
(7) section 20135 of title 51;
(8) section 6 of the Coal Research and Development Act of 1960 (30 U.S.C. 666; 74 Stat. 337);
(9) section 4 of the Helium Act Amendments of 1960 (50 U.S.C. 167b; 74 Stat. 920);
(10) section 32 of the Arms Control and Disarmament Act of 1961 (22 U.S.C. 2572; 75 Stat. 634);
(11) section 9 of the Federal Nonnuclear Energy Research and Development Act of 1974 (42 U.S.C. 5908; 88 Stat. 1878);
(12) section 5(d) of the Consumer Product Safety Act (15 U.S.C. 2054(d); 86 Stat. 1211);
(13) section 3 of the Act of April 5, 1944 (30 U.S.C. 323; 58 Stat. 191); 1
(14) section 8001(c)(3) of the Solid Waste Disposal Act (42 U.S.C. 6981(c); 90 Stat. 2829);
(15) section 219 of the Foreign Assistance Act of 1961 (22 U.S.C. 2179; 83 Stat. 806);
(16) section 427(b) of the Federal Mine Health and Safety Act of 1977 (30 U.S.C. 937(b); 86 Stat. 155);
(17) section 306(d) of the Surface Mining and Reclamation Act of 1977 (30 U.S.C. 1226(d); 91 Stat. 455); 1
(18) section 21(d) of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2218(d); 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); 92 Stat. 2516); 1
(20) section 12 of the Native Latex Commercialization and Economic Development Act of 1978 (7 U.S.C. 178j; 92 Stat. 2533); and
(21) section 408 of the Water Resources and Development Act of 1978 (42 U.S.C. 7879; 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.
(Added Pub. L. 96517, § 6(a), Dec. 12, 1980, 94 Stat. 3026; amended Pub. L. 98620, title V, § 501(13), Nov. 8, 1984, 98 Stat. 3367; Pub. L. 99502, § 9(c), Oct. 20, 1986, 100 Stat. 1796; Pub. L. 103272, § 5(j), July 5, 1994, 108 Stat. 1375; Pub. L. 104113, § 7, Mar. 7, 1996, 110 Stat. 779; Pub. L. 105393, title II, § 220(c)(2), Nov. 13, 1998, 112 Stat. 3625; Pub. L. 107273, div. C, title III, § 13206(a)(16), Nov. 2, 2002, 116 Stat. 1905; Pub. L. 10958, title X, § 1009(a)(2), Aug. 8, 2005, 119 Stat. 934; Pub. L. 111314, § 4(c), Dec. 18, 2010, 124 Stat. 3440; Pub. L. 11229, § 20(j), Sept. 16, 2011, 125 Stat. 335.)
## Notes
Editorial Notes
References in TextThe Act and this Act, referred to in subsec. (a), is Pub. L. 96517, Dec. 12, 1980, 94 Stat. 3015, which enacted sections 200 to 211 and 301 to 307 of this title, amended sections 41, 42, and 154 of this title, section 1113 of Title 15, Commerce and Trade, sections 101 and 117 of Title 17, Copyrights, and sections 2186 and 5908 and former section 2457 of Title 42, The Public Health and Welfare, and enacted provisions set out as notes under sections 13 and 41 of this title. For complete classification of this Act to the Code, see Tables. Section 10 of the Act of June 29, 1935, referred to in subsec. (a)(1), is section 10 of act June 29, 1935, ch. 338, title I, as added Aug. 14, 1946, ch. 966, title I, § 101(2), 60 Stat. 1085, which was formerly classified to section 427i of Title 7, Agriculture, prior to editorial reclassification as section 3105 of Title 7. Section 30168 of title 49, referred to in subsec. (a)(4), was repealed by Pub. L. 112141, div. C, title I, § 31204(b)(2)(B), July 6, 2012, 126 Stat. 760. Section 12 of the National Science Foundation Act of 1950 (42 U.S.C. 1871(a); 82 Stat. 360), referred to in subsec. (a)(5), was amended by Pub. L. 99159, title I, § 109(c), Nov. 22, 1985, 99 Stat. 889, by striking out subsec. (b) and designating subsec. (a) as the entire section. Section 3 of the Act of April 5, 1944 (30 U.S.C. 323; 58 Stat. 191), referred to in subsec. (a)(13), was omitted from the Code. Section 306(d) of the Surface Mining and Reclamation Act, referred to in subsec. (a)(17), was classified to section 1226(d) of Title 30, Mineral Lands and Mining, prior to enactment of Pub. L. 98409, which enacted a new section 1226 of Title 30. See section 1226(c) of Title 30. Section 6(b) of the Solar Photovoltaic Energy Research Development and Demonstration Act of 1978 (42 U.S.C. 5585(b); 92 Stat. 2516), referred to in subsec. (a)(19), was repealed by Pub. L. 116260, div. Z, title III, § 3006(f), Dec. 27, 2020, 134 Stat. 2513. The Native Latex Commercialization and Economic Development Act of 1978, referred to in subsec. (a)(20), is Pub. L. 95592, Nov. 4, 1978, 92 Stat. 2529, which, as amended by Pub. L. 98284, May 16, 1984, 98 Stat. 181, is known as the Critical Agricultural Materials Act and is classified principally to subchapter II (§ 178 et seq.) of chapter 8A of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 178 of Title 7 and Tables. Section 408 of the Water Resources and Development Act of 1978 (42 U.S.C. 7879; 92 Stat. 1360), referred to in subsec. (a)(21), was repealed by Pub. L. 98242, title I, § 110(a), Mar. 22, 1984, 98 Stat. 101. See section 10308 of Title 42, The Public Health and Welfare. The Stevenson-Wydler Technology Innovation Act of 1980, referred to in subsec. (e), is Pub. L. 96480, Oct. 21, 1980, 94 Stat. 2311, which is classified generally to chapter 63 (§ 3701 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 3701 of Title 15 and Tables.
Amendments2011—Subsec. (c). Pub. L. 11229 struck out “of this title” after “203”. 2010—Subsec. (a)(7). Pub. L. 111314 substituted “section 20135 of title 51” for “section 305 of the National Aeronautics and Space Act of 1958 (42 U.S.C. 2457)”. 2005—Subsec. (a)(8). Pub. L. 10958 substituted “Coal Research and Development Act of 1960” for “Coal Research Development Act of 1960”. 2002—Subsec. (a)(11). Pub. L. 107273, § 13206(a)(16)(A)(i), substituted “5908” for “5901”. Subsec. (a)(20). Pub. L. 107273, § 13206(a)(16)(A)(ii), substituted “178j” for “178(j)”. Subsec. (c). Pub. L. 107273, § 13206(a)(16)(B), substituted “section 202(c)(4)” for “paragraph 202(c)(4)” and struck out second period after “title”. 1998—Subsec. (a)(11) to (22). Pub. L. 105393 redesignated pars. (12) to (22) as (11) to (21), respectively, and struck out former par. (11) which read as follows: “subsection (e) of section 302 of the Appalachian Regional Development Act of 1965 (40 U.S.C. App. 302(e); 79 Stat. 5);”. 1996—Subsec. (e). Pub. L. 104113 struck out “, as amended by the Federal Technology Transfer Act of 1986,” after “1980”. 1994—Subsec. (a)(4). Pub. L. 103272 substituted “section 30168(e) of title 49” for “section 106(c) of the National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. 1395(c); 80 Stat. 721)”. 1986—Subsec. (e). Pub. L. 99502 added subsec. (e). 1984—Subsec. (c). Pub. L. 98620 substituted “February 18, 1983” for “August 23, 1971 (36 Fed. Reg. 16887)” and inserted provision that all funding agreements, including those with other than small business firms and nonprofit organizations, shall include the requirements established in paragraph 202(c)(4) and section 203 of this title.
Statutory Notes and Related Subsidiaries
Change of Name Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Directors capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Directors capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108458, set out as a note under section 3001 of Title 50, War and National Defense.
Effective Date of 2011 AmendmentAmendment by Pub. L. 11229 effective upon the expiration 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. 11229, set out as a note under section 2 of this title.
Effective DateSection effective July 1, 1981, but implementing regulations authorized to be issued earlier, see section 8(f) of Pub. L. 96517, set out as an Effective Date of 1980 Amendment note under section 41 of this title.
@@ -0,0 +1,41 @@
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# 35 U.S.C. § 211 - Relationship to antitrust laws
## Text
Nothing in this chapter shall be deemed to convey to any person immunity from civil or criminal liability, or to create any defenses to actions, under any antitrust law.
(Added Pub. L. 96517, § 6(a), Dec. 12, 1980, 94 Stat. 3027.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DateSection effective July 1, 1981, but implementing regulations authorized to be issued earlier, see section 8(f) of Pub. L. 96517, set out as an Effective Date of 1980 Amendment note under section 41 of this title.
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# 35 U.S.C. § 212 - Disposition of rights in educational awards
## Text
No scholarship, fellowship, training grant, or other funding agreement made by a Federal agency primarily to an awardee for educational purposes will contain any provision giving the Federal agency any rights to inventions made by the awardee.
(Added Pub. L. 98620, title V, § 501(14), Nov. 8, 1984, 98 Stat. 3368.)