(a) In generalIf a Federal agency which has ownership of or the right of ownership to an invention made by a Federal employee does not intend to file for a patent application or otherwise to promote commercialization of such invention, the agency shall allow the inventor, if the inventor is a Government employee or former employee who made the invention during the course of employment with the Government, to obtain or retain title to the invention (subject to reservation by the Government of a nonexclusive, nontransferrable, irrevocable, paid-up license to practice the invention or have the invention practiced throughout the world by or on behalf of the Government). In addition, the agency may condition the inventor’s right to title on the timely filing of a patent application in cases when the Government determines that it has or may have a need to practice the invention.
(b) “Special Government employees” definedFor purposes of this section, Federal employees include “special Government employees” as defined in section 202 of title 18.
(c) Relationship to other lawsNothing in this section is intended to limit or diminish existing authorities of any agency.
Structure US Code
CHAPTER 63— TECHNOLOGY INNOVATION
§ 3704. Experimental Program to Stimulate Competitive Technology
§ 3704a. Clearinghouse for State and Local Initiatives on Productivity, Technology, and Innovation
§ 3704b. National Technical Information Service
§ 3704b–1. Recovery of operating costs through fee collections
§ 3704b–2. Transfer of Federal scientific and technical information
§ 3705. Cooperative Research Centers
§ 3706. Grants and cooperative agreements
§ 3707. National Science Foundation Cooperative Research Centers
§ 3708. Administrative arrangements
§ 3710. Utilization of Federal technology
§ 3710a. Cooperative research and development agreements
§ 3710b. Rewards for scientific, engineering, and technical personnel of Federal agencies
§ 3710c. Distribution of royalties received by Federal agencies
§ 3711. National Technology and Innovation Medal
§ 3711a. Malcolm Baldrige National Quality Award
§ 3711b. Conference on advanced automotive technologies
§ 3711c. Advanced motor vehicle research award
§ 3713. Authorization of appropriations
§ 3715. Use of partnership intermediaries
§ 3717. National Quality Council
§ 3718. President’s Council on Innovation and Competitiveness
§ 3720. Office of Innovation and Entrepreneurship
§ 3721. Federal loan guarantees for innovative technologies in manufacturing
§ 3722. Regional innovation program
§ 3722a. Regional Technology and Innovation Hub Program
§ 3722b. Distressed area Recompete Pilot Program