[Code of Federal Regulations]

[Title 37, Volume 1]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 37CFR401.10]



[Page 706]

 

              TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS

 

  CHAPTER IV--ASSISTANT SECRETARY FOR TECHNOLOGY POLICY, DEPARTMENT OF 

                                COMMERCE

 

PART 401_RIGHTS TO INVENTIONS MADE BY NONPROFIT ORGANIZATIONS AND SMALL 

BUSINESS FIRMS UNDER GOVERNMENT GRANTS, CONTRACTS, AND COOPERATIVE 

AGREEMENTS--Table of Contents

 

Sec.  401.10  Government assignment to contractor of rights in invention 

of government employee.



    In any case when a Federal employee is a co-inventor of any 

invention made under a funding agreement with a small business firm or 

nonprofit organization and the Federal agency employing such co-inventor 

transfers or reassigns the right it has acquired in the subject 

invention from its employee to the contractor as authorized by 35 U.S.C. 

202(e), the assignment will be made subject to the same conditions as 

apply to the contractor under the patent rights clause of its funding 

agreement. Agencies may add additional conditions as long as they are 

consistent with 35 U.S.C. 201-206.