Sec. 905. Government intellectual property clarification
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/bill/117/hr/2153/ih/section-905A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 15 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3710d ) is amended in subsection
(a)to read as follows: The Government shall obtain the entire right, title and interest in and to all inventions made by any Federal employee— during working hours; with a contribution by the Government of facilities, equipment, materials, funds, or information, or of time or services of other Federal employees on official duty; or within his or her field of research or within his or her official employment responsibility and activity. Any invention made by a Federal employee as described in paragraph
(1)shall be disclosed by the Federal employee to the agency that employs the Federal employee within 10 months of the earlier of the date of conception or actual reduction to practice of the invention. The Government shall obtain the entire right, title, and interest in and to any invention conceived or actually reduced to practice by a Federal employee that is not disclosed to the Government within 10 months or shorter disclosure period required by agency regulation, from the earlier of the date of conception or actual reduction to practice of the invention. Any invention made by a Federal employee as described in paragraph
(1)shall be presumed to be owned by the Government, and the Federal employee shall assign the entire right, title, and interest in and to the invention to the Government. A Federal employee that disagrees with the presumption of ownership and obligation of assignment may request, from the agency employing the Federal employee, a determination of rights in and to the invention and shall do so within 30 days of the disclosure pursuant to paragraph (2), which may be extended by the head of an agency for good cause shown. The request shall provide all grounds and justification for leaving rights with the Federal employee. If the request is not made by the employee within the 30-day or extended period, the Government shall retain all right, title, and interest to the invention, and the Federal employee shall assign the entire right, title, and interest in and to the invention to the Government. If 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 promote commercialization of such invention, the agency shall (upon request) allow the inventor, if the inventor is a Federal 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, nontransferable, 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. Any computer program that is a work of the United States Government and is created at a Federal laboratory within section 105(b)(1) of title 17, United States Code, shall be disclosed by the Federal employee who created such program to the Federal laboratory that employs the Federal employee. Any program described in paragraph
(5)prepared by a Federal employee within the scope of his or her employment shall be considered a work made for hire and the Government shall be the author. A Federal employee who discloses as required under paragraph
(5)but who contests that the Government is the author may request, from the agency employing the Federal employee, a determination of rights in and to the program and shall do so within 30 days of the disclosure pursuant to paragraph (5), which may be extended by the head of an agency for good cause shown. The request shall provide all grounds and justification for leaving rights with the Federal employee. If the request is not made by the Federal employee within the 30-day period, the Government shall remain and shall be the author of such program. Such reporting requirements shall not apply to Federal employees who are otherwise prohibited from applying for or obtaining a patent. The Secretary may issue guidelines to implement this section. .
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Sec. 905
Government intellectual property clarification
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