
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 15USC3710d]

 
                      TITLE 15--COMMERCE AND TRADE
 
                    CHAPTER 63--TECHNOLOGY INNOVATION
 
Sec. 3710d. Employee activities


(a) In general

    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 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'' defined

    For purposes of this section, Federal employees include ``special 
Government employees'' as defined in section 202 of title 18.

(c) Relationship to other laws

    Nothing in this section is intended to limit or diminish existing 
authorities of any agency.

(Pub. L. 96-480, Sec. 15, as added and renumbered Sec. 14, Pub. L. 99-
502, Secs. 8, 9(e)(1), Oct. 20, 1986, 100 Stat. 1794, 1797; renumbered 
Sec. 15, Pub. L. 100-418, title V, Sec. 5122(a)(1), Aug. 23, 1988, 102 
Stat. 1438; amended Pub. L. 104-113, Sec. 6, Mar. 7, 1996, 110 Stat. 
779.)


                               Amendments

    1996--Subsec. (a). Pub. L. 104-113 substituted ``ownership of or the 
right of ownership to an invention made by a Federal employee'' for 
``the right of ownership to an invention under this chapter'' and 
inserted ``obtain or'' before ``retain title to the invention''.

                  Section Referred to in Other Sections

    This section is referred to in section 3708 of this title.
