35 USC 205
Listed by: NARA Registry, DoD Registry, Related authorities
Designation evidence
- NARA authority row: 35 USC 205 | status: Basic | banner: CUI.
- NARA sanctions field: 35 USC 186 35 USC 187.
- DoD authority row: 35 USC 205. DoD lists this citation for the category; this DoD detail page does not display a separate Basic/Specified field.
- Related authority evidence: 35 USC 205 | status: Basic | banner: CUI | sanctions: 35 USC 186 35 USC 187
- Related authority evidence: DoD lists this authority for the category; the linked authority text is extracted below when available.
- Registry designation context: Basic, CUI. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling.
- Registry designation for this category is Basic with banner CUI.
Extracted authority meaning
- Page 87 TITLE 35—PATENTS § 206
- Registry designation context: Basic, CUI. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling.
Operating conditions
- NARA category scope used with this authority: An invention is any art or process (way of doing or making things), machine, manufacture, design, or composition of matter, or any new and useful improvement thereof, or any variety of plant, which is or may be patentable under the patent laws of the United States, in which the federal government owns or may own a right, title, or interest.
- DoD category scope used with this authority: An invention is any art or process (way of doing or making things), machine, manufacture, design, or composition of matter, or any new and useful improvement thereof, or any variety of plant, which is or may be patentable under the patent laws of the United States, in which the federal government owns or may own a right, title, or interest. 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.
- 35 USC 205 | status: Basic | banner: CUI | sanctions: 35 USC 186 35 USC 187
- DoD lists this authority for the category; the linked authority text is extracted below when available.
- NARA registry status: Basic. Per-authority NARA status values: Basic. NARA banner marking evidence: CUI. The registry evidence is preserved here; detailed primary-law or regulation text analysis remains pending for this category.
- NARA category scope: An invention is any art or process (way of doing or making things), machine, manufacture, design, or composition of matter, or any new and useful improvement thereof, or any variety of plant, which is or may be patentable under the patent laws of the United States, in which the federal government owns or may own a right, title, or interest.
- DoD category scope: An invention is any art or process (way of doing or making things), machine, manufacture, design, or composition of matter, or any new and useful improvement thereof, or any variety of plant, which is or may be patentable under the patent laws of the United States, in which the federal government owns or may own a right, title, or interest. 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.
- Extracted authority condition: Page 87 TITLE 35—PATENTS § 206 1 See References in Text note below. pected to take within a reasonable time, effec- tive 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 sat- isfied by the contractor, assignee, or their li- censees; (3) action is necessary to meet requirements for public use specified by Federal regulations and such requirements are not reasonably sat- isfied by the contractor, assignee, or licensees; or (4) action is necessary because the agree- ment required by section 204 has not been ob- tained or waived or because a licensee of the exclusive right to use or sell any subject in- vention in the United States is in breach of its agreement obtained pursuant to section 204.
- Extracted authority condition: Addi- tionally, any contractor, inventor, assignee, or exclusive licensee adversely affected by a deter- mination under this section may, at any time within sixty days after the determination is is- sued, file a petition in the United States Court of Federal Claims, which shall have jurisdiction to determine the appeal on the record and to af- firm, reverse, remand or modify, as appropriate, the determination of the Federal agency.
- Extracted authority condition: 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.
Safeguarding and dissemination controls
- NARA registry control evidence: status Basic; banner marking CUI.
- Nara basic or specified: Basic
- Nara authority rows: 35 USC 205 | status: Basic | banner: CUI | sanctions: 35 USC 186 35 USC 187 || 48 CFR 27.302 | status: Basic | banner: CUI || 48 CFR 27.305-4 | status: Basic | banner: CUI || 37 CFR 401.13(c)(1) | status: Basic | banner: CUI || 37 CFR 401.13(c)(3)-(5) | status: Basic | banner: CUI
- Nara banner markings: CUI
- Nara sanctions: 35 USC 186 35 USC 187
- No DoD required dissemination control is listed on the registry page. Apply approved limited dissemination controls only when required or permitted by the designating agency or governing authority.
- Use the registry assertions, NARA authority rows, DoD authorities, DoD policies, warning statements, required dissemination controls, and examples first. Where the cited authority does not specify a handling detail, apply CUI Basic safeguards and dissemination rules so long as they do not conflict with the authority or agency-specific controls.
- Extracted authority control: 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.
- Extracted authority control: E FFECTIVEDATE Section effective July 1, 1981, but implementing regu- lations authorized to be issued earlier, see section 8(f) of Pub.
- Extracted authority control: 3023.) EFFECTIVEDATE Section effective July 1, 1981, but implementing regu- lations authorized to be issued earlier, see section 8(f) of Pub.
- Extracted authority control: 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.
Authority excerpts
Most relevant extracted authority passage
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.
Extracted authority passage 2
E FFECTIVEDATE Section effective July 1, 1981, but implementing regu- lations authorized to be issued earlier, see section 8(f) of Pub.
Extracted authority passage 3
3023.) EFFECTIVEDATE Section effective July 1, 1981, but implementing regu- lations authorized to be issued earlier, see section 8(f) of Pub.
Extracted authority passage 4
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.
Extracted authority passage 5
Page 87 TITLE 35—PATENTS § 206 1 See References in Text note below. pected to take within a reasonable time, effec- tive 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 sat- isfied by the contractor, assignee, or their li- censees; (3) action is necessary to meet requirements for public use specified by Federal regulations and such requirements are not reasonably sat- isfied by the contractor, assignee, or licensees; or (4) action is necessary because the agree- ment required by section 204 has not been ob- tained or waived or because a licensee of the exclusive right to use or sell any subject in- vention in the United States is in breach of its agreement obtained pursuant to section 204.
Extracted authority passage 6
Addi- tionally, any contractor, inventor, assignee, or exclusive licensee adversely affected by a deter- mination under this section may, at any time within sixty days after the determination is is- sued, file a petition in the United States Court of Federal Claims, which shall have jurisdiction to determine the appeal on the record and to af- firm, reverse, remand or modify, as appropriate, the determination of the Federal agency.
48 CFR 27.302
Listed by: NARA Registry, DoD Registry, Related authorities
Designation evidence
- NARA authority row: 48 CFR 27.302 | status: Basic | banner: CUI.
- DoD authority row: 48 CFR 27.302. DoD lists this citation for the category; this DoD detail page does not display a separate Basic/Specified field.
- Related authority evidence: 48 CFR 27.302 | status: Basic | banner: CUI
- Related authority evidence: DoD lists this authority for the category; the linked authority text is extracted below when available.
- Registry designation context: Basic, CUI. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling.
- Registry designation for this category is Basic with banner CUI.
Extracted authority meaning
- (e) Section 6(c) of Executive Order
- Registry designation context: Basic, CUI. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling.
Operating conditions
- NARA category scope used with this authority: An invention is any art or process (way of doing or making things), machine, manufacture, design, or composition of matter, or any new and useful improvement thereof, or any variety of plant, which is or may be patentable under the patent laws of the United States, in which the federal government owns or may own a right, title, or interest.
- DoD category scope used with this authority: An invention is any art or process (way of doing or making things), machine, manufacture, design, or composition of matter, or any new and useful improvement thereof, or any variety of plant, which is or may be patentable under the patent laws of the United States, in which the federal government owns or may own a right, title, or interest. 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.
- 48 CFR 27.302 | status: Basic | banner: CUI
- DoD lists this authority for the category; the linked authority text is extracted below when available.
- NARA registry status: Basic. Per-authority NARA status values: Basic. NARA banner marking evidence: CUI. The registry evidence is preserved here; detailed primary-law or regulation text analysis remains pending for this category.
- NARA category scope: An invention is any art or process (way of doing or making things), machine, manufacture, design, or composition of matter, or any new and useful improvement thereof, or any variety of plant, which is or may be patentable under the patent laws of the United States, in which the federal government owns or may own a right, title, or interest.
- DoD category scope: An invention is any art or process (way of doing or making things), machine, manufacture, design, or composition of matter, or any new and useful improvement thereof, or any variety of plant, which is or may be patentable under the patent laws of the United States, in which the federal government owns or may own a right, title, or interest. 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.
- Extracted authority condition: (2) A contract may require the con- tractor to assign to the Government title to any subject invention— (i) When the contractor is not located in the United States or does not have a place of business located in the United States or is subject to the control of a foreign government (see 27.303(e)(1)(i)); (ii) In exceptional circumstances, when an agency determines that re- striction or elimination of the right to retain title in any subject invention will better promote the policy and ob- jectives of chapter 18 of title 35, U.S.C. and the Presidential Memorandum; (iii) When a Government authority, that is authorized by statute or execu- tive order to conduct foreign intel- ligence or counterintelligence activi- ties, determines that the restriction or elimination of the right to retain title to any subject invention is necessary to protect the security of such activi- ties; (iv) When the contract includes the operation of a Government-owned, con- tractor-operated facility of the Depart- ment of Energy (DOE) primarily dedi- cated to the Department’s naval nu- clear propulsion or weapons related programs and all funding agreement limitations under 35 U.S.C. 202(a)(iv) for agreements with small business concerns and nonprofit organizations are limited to inventions occurring under the above two programs;...
- Extracted authority condition: (4) Consistent with 37 CFR part 401, when a contract with a small business concern or nonprofit organization re- quires assignment of title to the Gov- ernment based on the exceptional cir- cumstances enumerated in paragraph (b)(2)(ii) or (iii) of this section for rea- sons of national security, the contract shall still provide the contractor with the right to elect ownership to any subject invention that— (i) Is not classified by the agency; or (ii) Is not limited from dissemination by the DOE within 6 months from the date it is reported to the agency.
- Extracted authority condition: Agencies may only withhold information concerning inventions for a reasonable time in order for a patent application to be filed.
- Extracted authority condition: In accordance with 35 U.S.C. 202(c)(5) and 37 CFR part 401, agencies shall not disclose such utilization reports to persons outside the Government without permission of the contractor.
- Extracted authority condition: As used in this subpart— Invention means any invention or dis- covery that is or may be patentable or otherwise protectable under title 35 of the U.S.
Safeguarding and dissemination controls
- NARA registry control evidence: status Basic; banner marking CUI.
- Nara basic or specified: Basic
- Nara authority rows: 35 USC 205 | status: Basic | banner: CUI | sanctions: 35 USC 186 35 USC 187 || 48 CFR 27.302 | status: Basic | banner: CUI || 48 CFR 27.305-4 | status: Basic | banner: CUI || 37 CFR 401.13(c)(1) | status: Basic | banner: CUI || 37 CFR 401.13(c)(3)-(5) | status: Basic | banner: CUI
- Nara banner markings: CUI
- Nara sanctions: 35 USC 186 35 USC 187
- No DoD required dissemination control is listed on the registry page. Apply approved limited dissemination controls only when required or permitted by the designating agency or governing authority.
- Use the registry assertions, NARA authority rows, DoD authorities, DoD policies, warning statements, required dissemination controls, and examples first. Where the cited authority does not specify a handling detail, apply CUI Basic safeguards and dissemination rules so long as they do not conflict with the authority or agency-specific controls.
- Extracted authority control: (2) A contract may require the con- tractor to assign to the Government title to any subject invention— (i) When the contractor is not located in the United States or does not have a place of business located in the United States or is subject to the control of a foreign government (see 27.303(e)(1)(i)); (ii) In exceptional circumstances, when an agency determines that re- striction or elimination of the right to retain title in any subject invention will better promote the policy and ob- jectives of chapter 18 of title 35, U.S.C. and the Presidential Memorandum; (iii) When a Government authority, that is authorized by statute or execu- tive order to conduct foreign intel- ligence or counterintelligence activi- ties, determines that the restriction or elimination of the right to retain title to any subject invention is necessary to protect the security of such activi- ties; (iv) When the contract includes the operation of a Government-owned, con- tractor-operated facility of the Depart- ment of Energy (DOE) primarily dedi- cated to the Department’s naval nu- clear propulsion or weapons related programs and all funding agreement limitations under 35 U.S.C. 202(a)(iv) for agreements with small business concerns and nonprofit organizations are limited to inventions occurring under the above two programs;...
- Extracted authority control: (4) Consistent with 37 CFR part 401, when a contract with a small business concern or nonprofit organization re- quires assignment of title to the Gov- ernment based on the exceptional cir- cumstances enumerated in paragraph (b)(2)(ii) or (iii) of this section for rea- sons of national security, the contract shall still provide the contractor with the right to elect ownership to any subject invention that— (i) Is not classified by the agency; or (ii) Is not limited from dissemination by the DOE within 6 months from the date it is reported to the agency.
- Extracted authority control: (1) In addition to the right to obtain title to subject inventions pursuant to para- graph (b)(2)(i) through (v) of this sec- tion, the Government has the right to receive title to an invention— (i) If the contractor has not disclosed the invention within the time specified in the clause; or (ii) In any country where the con- tractor—
- Extracted authority control: 650 48 CFR Ch. 1 (10–1–18 Edition) 27.302 (A) Does not elect to retain rights or fails to elect to retain rights to the in- vention within the time specified in the clause; (B) Has not filed a patent or plant va- riety protection application within the time specified in the clause; (C) Decides not to continue prosecu- tion of a patent or plant variety pro- tection application, pay maintenance fees, or defend in a reexamination or opposition proceeding on the patent; or (D) No longer desires to retain title.
- Extracted authority control: In accordance with 35 U.S.C. 202(c)(5) and 37 CFR part 401, agencies shall not disclose such utilization reports to persons outside the Government without permission of the contractor.
Authority excerpts
Most relevant extracted authority passage
(2) A contract may require the con- tractor to assign to the Government title to any subject invention— (i) When the contractor is not located in the United States or does not have a place of business located in the United States or is subject to the control of a foreign government (see 27.303(e)(1)(i)); (ii) In exceptional circumstances, when an agency determines that re- striction or elimination of the right to retain title in any subject invention will better promote the policy and ob- jectives of chapter 18 of title 35, U.S.C. and the Presidential Memorandum; (iii) When a Government authority, that is authorized by statute or execu- tive order to conduct foreign intel- ligence or counterintelligence activi- ties, determines that the restriction or elimination of the right to retain title to any subject invention is necessary to protect the security of such activi- ties; (iv) When the contract includes the operation of a Government-owned, con- tractor-operated facility of the Depart- ment of Energy (DOE) primarily dedi- cated to the Department’s naval nu- clear propulsion or weapons related programs and all funding agreement limitations under 35 U.S.C. 202(a)(iv) for agreements with small business concerns and nonprofit organizations are limited to inventions occurring under the above two programs;...
Extracted authority passage 2
(4) Consistent with 37 CFR part 401, when a contract with a small business concern or nonprofit organization re- quires assignment of title to the Gov- ernment based on the exceptional cir- cumstances enumerated in paragraph (b)(2)(ii) or (iii) of this section for rea- sons of national security, the contract shall still provide the contractor with the right to elect ownership to any subject invention that— (i) Is not classified by the agency; or (ii) Is not limited from dissemination by the DOE within 6 months from the date it is reported to the agency.
Extracted authority passage 3
(1) In addition to the right to obtain title to subject inventions pursuant to para- graph (b)(2)(i) through (v) of this sec- tion, the Government has the right to receive title to an invention— (i) If the contractor has not disclosed the invention within the time specified in the clause; or (ii) In any country where the con- tractor—
Extracted authority passage 4
650 48 CFR Ch. 1 (10–1–18 Edition) 27.302 (A) Does not elect to retain rights or fails to elect to retain rights to the in- vention within the time specified in the clause; (B) Has not filed a patent or plant va- riety protection application within the time specified in the clause; (C) Decides not to continue prosecu- tion of a patent or plant variety pro- tection application, pay maintenance fees, or defend in a reexamination or opposition proceeding on the patent; or (D) No longer desires to retain title.
Extracted authority passage 5
In accordance with 35 U.S.C. 202(c)(5) and 37 CFR part 401, agencies shall not disclose such utilization reports to persons outside the Government without permission of the contractor.
Extracted authority passage 6
Agencies may only withhold information concerning inventions for a reasonable time in order for a patent application to be filed.
37 CFR 401.13
Listed by: DoD Registry, Related authorities
Designation evidence
- DoD authority row: 37 CFR 401.13. DoD lists this citation for the category; this DoD detail page does not display a separate Basic/Specified field.
- Related authority evidence: DoD lists this authority for the category; the linked authority text is extracted below when available.
- Registry designation context: Basic, CUI. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.
- Registry designation for this category is Basic with banner CUI.
Extracted authority meaning
- 37 CFR 401.13 authority text
- Registry designation context: Basic, CUI. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.
Operating conditions
- DoD category scope used with this authority: An invention is any art or process (way of doing or making things), machine, manufacture, design, or composition of matter, or any new and useful improvement thereof, or any variety of plant, which is or may be patentable under the patent laws of the United States, in which the federal government owns or may own a right, title, or interest. 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.
- DoD lists this authority for the category; the linked authority text is extracted below when available.
- NARA registry status: Basic. Per-authority NARA status values: Basic. NARA banner marking evidence: CUI. The registry evidence is preserved here; detailed primary-law or regulation text analysis remains pending for this category.
- NARA category scope: An invention is any art or process (way of doing or making things), machine, manufacture, design, or composition of matter, or any new and useful improvement thereof, or any variety of plant, which is or may be patentable under the patent laws of the United States, in which the federal government owns or may own a right, title, or interest.
- DoD category scope: An invention is any art or process (way of doing or making things), machine, manufacture, design, or composition of matter, or any new and useful improvement thereof, or any variety of plant, which is or may be patentable under the patent laws of the United States, in which the federal government owns or may own a right, title, or interest. 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.
- Extracted authority condition: (2) Subject invention means any invention of the contractor conceived or first actually re- duced to practice in the performance of work under this contract, provided that in the case of a variety of plant, the date of determina- tion (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.
- Extracted authority condition: In rec- ognition of the fact that such publica- tion, if it included descriptions of a subject invention could create bars to obtaining patent protection, it is the policy of the executive branch that agencies will not include in such publi- cation programs copies of disclosures of inventions submitted by small busi- ness firms or nonprofit organizations, pursuant to paragraph (c) of the stand- ard clause found at § 401.14, except under the same circumstances under which agencies are authorized to re- lease such information pursuant to FOIA requests under paragraph (c)(1) of this section agencies may publish such disclosures.
- Extracted authority condition: The following is the standard patent rights clause to be used as specified in § 401.3(a): Standard Patent Rights (a) Definitions (1) Invention means any invention or dis- covery which is or may be patentable or oth- erwise protectable under Title 35 of the United States Code, or any novel variety of plant which is or may be protected under the Plant Variety Protection Act (7 U.S.C. 2321 et seq.).
- Extracted authority condition: (2) In accordance with 35 U.S.C. 205, agencies shall not disclose or release, pursuant to requests under the Free- dom of Information Act or otherwise, copies of any document which the agency obtained under the clause in § 401.14 which is part of an application for patent with the U.S.
Safeguarding and dissemination controls
- Nara basic or specified: Basic
- Nara authority rows: 35 USC 205 | status: Basic | banner: CUI | sanctions: 35 USC 186 35 USC 187 || 48 CFR 27.302 | status: Basic | banner: CUI || 48 CFR 27.305-4 | status: Basic | banner: CUI || 37 CFR 401.13(c)(1) | status: Basic | banner: CUI || 37 CFR 401.13(c)(3)-(5) | status: Basic | banner: CUI
- Nara banner markings: CUI
- Nara sanctions: 35 USC 186 35 USC 187
- No DoD required dissemination control is listed on the registry page. Apply approved limited dissemination controls only when required or permitted by the designating agency or governing authority.
- Use the registry assertions, NARA authority rows, DoD authorities, DoD policies, warning statements, required dissemination controls, and examples first. Where the cited authority does not specify a handling detail, apply CUI Basic safeguards and dissemination rules so long as they do not conflict with the authority or agency-specific controls.
- Extracted authority control: In rec- ognition of the fact that such publica- tion, if it included descriptions of a subject invention could create bars to obtaining patent protection, it is the policy of the executive branch that agencies will not include in such publi- cation programs copies of disclosures of inventions submitted by small busi- ness firms or nonprofit organizations, pursuant to paragraph (c) of the stand- ard clause found at § 401.14, except under the same circumstances under which agencies are authorized to re- lease such information pursuant to FOIA requests under paragraph (c)(1) of this section agencies may publish such disclosures.
- Extracted authority control: (c) The President’s Patent Policy Memorandum of February 18, 1983, states that agencies should protect the confidentiality of invention disclosure, patent applications, and utilization re- ports required in performance or in consequence of awards to the extent permitted by 35 U.S.C. 205 or other ap- plicable laws.
- Extracted authority control: (1) To the extent authorized by 35 U.S.C. 205, agencies shall not disclose to third parties pursuant to requests under the Freedom of Information Act (FOIA) any information disclosing a subject invention for a reasonable time in order for a patent application to be filed.
- Extracted authority control: (2) In accordance with 35 U.S.C. 205, agencies shall not disclose or release, pursuant to requests under the Free- dom of Information Act or otherwise, copies of any document which the agency obtained under the clause in § 401.14 which is part of an application for patent with the U.S.
- Extracted authority control: (2) Subject invention means any invention of the contractor conceived or first actually re- duced to practice in the performance of work under this contract, provided that in the case of a variety of plant, the date of determina- tion (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.
- Extracted authority control: (5) Small Business Firm means a small busi- ness concern as defined at section 2 of Pub.
Authority excerpts
Most relevant extracted authority passage
In rec- ognition of the fact that such publica- tion, if it included descriptions of a subject invention could create bars to obtaining patent protection, it is the policy of the executive branch that agencies will not include in such publi- cation programs copies of disclosures of inventions submitted by small busi- ness firms or nonprofit organizations, pursuant to paragraph (c) of the stand- ard clause found at § 401.14, except under the same circumstances under which agencies are authorized to re- lease such information pursuant to FOIA requests under paragraph (c)(1) of this section agencies may publish such disclosures.
Extracted authority passage 2
(c) The President’s Patent Policy Memorandum of February 18, 1983, states that agencies should protect the confidentiality of invention disclosure, patent applications, and utilization re- ports required in performance or in consequence of awards to the extent permitted by 35 U.S.C. 205 or other ap- plicable laws.
Extracted authority passage 3
(1) To the extent authorized by 35 U.S.C. 205, agencies shall not disclose to third parties pursuant to requests under the Freedom of Information Act (FOIA) any information disclosing a subject invention for a reasonable time in order for a patent application to be filed.
Extracted authority passage 4
(2) In accordance with 35 U.S.C. 205, agencies shall not disclose or release, pursuant to requests under the Free- dom of Information Act or otherwise, copies of any document which the agency obtained under the clause in § 401.14 which is part of an application for patent with the U.S.
Extracted authority passage 5
(2) Subject invention means any invention of the contractor conceived or first actually re- duced to practice in the performance of work under this contract, provided that in the case of a variety of plant, the date of determina- tion (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.
Extracted authority passage 6
The following is the standard patent rights clause to be used as specified in § 401.3(a): Standard Patent Rights (a) Definitions (1) Invention means any invention or dis- covery which is or may be patentable or oth- erwise protectable under Title 35 of the United States Code, or any novel variety of plant which is or may be protected under the Plant Variety Protection Act (7 U.S.C. 2321 et seq.).