Sec. 212. ISS national laboratory; property rights in inventions
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Subchapter III of chapter 201 of title 51, United States Code, is amended by adding at the end the following: Notwithstanding section 3710a of title 15, chapter 18 of title 35, section 20135 of this title, or any other provision of law to the contrary, a designated invention shall be the exclusive property of a user, and shall not be subject to a Government-purpose license, if— the Administration is reimbursed under the terms of the contract for the total cost of any contribution by the Government of the use of Government facilities, equipment, materials, information proprietary to the Government, or services of a Government employee during working hours, including the cost for the Administration to carry out its responsibilities under paragraphs
(1)and
(4)of section 504(d) of the National Aeronautics and Space Administration Authorization Act of 2010 ( 42 U.S.C. 18354(d) ); no Government funds are transferred to the user under the contract; and the invention was made— solely by the user; or by the user with the services of a Government employee under the terms of the contract and the Government is reimbursed for such services under paragraph (1). Nothing in this section may be construed to affect the rights of the Federal Government, including property rights in inventions, under any contract, except for a written contract with the Administration or ISS management entity for the performance of designated activities. In this section— The term contract has the meaning giving the term in section 20135(a). The term designated activities means any non-NASA scientific utilization of the ISS national laboratory as described in section 504 of the National Aeronautics and Space Administration Authorization Act of 2010 ( 42 U.S.C. 18354 ). The term designated invention means any invention or class of inventions made or that may be made by any person in the performance of designated activities under a written contract with the Administration or the ISS management entity. The term Government-purpose license means a reservation by the Government of an irrevocable, nonexclusive, nontransferable, royalty-free license for the practice of an invention throughout the world by or on behalf of the United States or any foreign government pursuant to any treaty or agreement with the United States. The term ISS management entity means the organization with which the Administrator enters into a cooperative agreement under section 504(a) of the National Aeronautics and Space Administration Authorization Act of 2010 ( 42 U.S.C. 18354(a) ). The term made has the meaning given the term in section 20135(a). The term nonprofit organization has the meaning given the term in section 201 of title 35. The term small business firm has the meaning given the term in section 201 of title 35. The term user means a person (as defined in section 1 of title 1), including a nonprofit organization or small business firm, or class of persons that enters into a written contract with the Administration or the ISS management entity for the performance of designated activities. . The table of contents for chapter 201 of title 51, United States Code, is amended by inserting after the item relating to section 20149 the following: 20150. Property rights in designated inventions. .
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Sec. 212
ISS national laboratory; property rights in inventions
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