[Code of Federal Regulations]
[Title 43, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR6.7]

[Page 172]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
PART 6--PATENT REGULATIONS--Table of Contents
 
                   Subpart A--Inventions by Employees
 
Sec. 6.7  Domestic patent protection.

    (a) The Solicitor, upon determining that an invention coming within 
the scope of Sec. 6.5(b) (1) or (2) has been made, shall thereupon 
determine whether patent protection will be sought in the United States 
by the Department for such invention. A controversy over the respective 
rights of the Government and of the inventor in any case shall not delay 
the taking of the actions provided for in this section. In cases coming 
within the scope of Sec. 6.5(b)(2), action by the Department looking 
toward such patent protection shall be contingent upon the consent of 
the inventor.
    (b) Where there is a dispute as to whether paragraph (b) (1) or (2) 
of Sec. 6.5 applies in determining the respective rights of the 
Government and of an employee in and to any invention, the Solicitor 
will determine whether patent protection will be sought in the United 
States pending the Commissioner's decision on the dispute, and, if he 
determines that an application for patent should be filed, he will take 
such rights as are specified in Sec. 6.5(b)(2), but this shall be 
without prejudice to acquiring the rights specified in Sec. 6.5(b)(1) 
should the Commissioner so decide.
    (c) Where the Solicitor has determined to leave title to an 
invention with an employee under Sec. 6.5(b)(2), the Solicitor will, 
upon the filing of an application for patent and pending review of the 
determination by the Commissioner, take the rights specified in that 
paragraph, without prejudice to the subsequent acquisition by the 
Government of the rights specified in Sec. 6.5(b)(1) should the 
Commissioner so decide.
    (d) In the event that the Solicitor determines that an application 
for patent will not be filed on an invention made under the 
circumstances specified in Sec. 6.5(b)(1) giving the United States the 
right to title thereto, the Solicitor shall subject to considerations of 
national security, or public health, safety, or welfare, report to the 
Commissioner promptly upon making such determination, the following 
information concerning the invention:
    (1) Description of the invention in sufficient detail to permit a 
satisfactory review;
    (2) Name of the inventor and his employment status;
    (3) Statement of the Solicitor's determination and reasons therefor.

The Commissioner, may, if he determines that the interest of the 
Government so requires and subject to considerations of national 
security, or public health safety, or welfare, bring the invention to 
the attention of any Government agency to whose activities the invention 
may be pertinent, or cause the invention to be fully disclosed by 
publication thereof.