42 U.S.C. § 2182

Inventions conceived during Commission contracts; ownership; waiver; hearings

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Any invention or discovery, useful in the production or utilization of special nuclear material or atomic energy, made or conceived in the course of or under any contract, subcontract, or arrangement entered into with or for the benefit of the Commission, regardless of whether the contract, subcontract, or arrangement involved the expenditure of funds by the Commission, shall be vested in, and be the property of, the Commission, except that the Commission may waive its claim to any such invention or discovery under such circumstances as the Commission may deem appropriate, consistent with the policy of this section. No patent for any invention or discovery, useful in the production or utilization of special nuclear material or atomic energy, shall be issued unless the applicant files with the application, or within thirty days after request therefor by the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (unless the Commission advises the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office that its rights have been determined and that accordingly no statement is necessary) a statement under oath setting forth the full facts surrounding the making or conception of the invention or discovery described in the application and whether the invention or discovery was made or conceived in the course of or under any contract, subcontract, or arrangement entered into with or for the benefit of the Commission, regardless of whether the contract, subcontract, or arrangement involved the expenditure of funds by the Commission. The Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office shall as soon as the application is otherwise in condition for allowance forward copies of the application and the statement to the Commission.

The Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office may proceed with the application and issue the patent to the applicant (if the invention or discovery is otherwise patentable) unless the Commission, within 90 days after receipt of copies of the application and statement, directs the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office to issue the patent to the Commission (if the invention or discovery is otherwise patentable) to be held by the Commission as the agent of and on behalf of the United States.

If the Commission files such a direction with the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, and if the applicant’s statement claims, and the applicant still believes, that the invention or discovery was not made or conceived in the course of or under any contract, subcontract or arrangement entered into with or for the benefit of the Commission entitling the Commission to the title to the application or the patent the applicant may, within 30 days after notification of the filing of such a direction, request a hearing before the Patent Trial and Appeal Board. The Board shall have the power to hear and determine whether the Commission was entitled to the direction filed with the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office. The Board shall follow the rules and procedures established for interference and derivation cases and an appeal may be taken by either the applicant or the Commission from the final order of the Board to the United States Court of Appeals for the Federal Circuit in accordance with the procedures governing the appeals from the Patent Trial and Appeal Board.

If the statement filed by the applicant should thereafter be found to contain false material statements any notification by the Commission that it has no objections to the issuance of a patent to the applicant shall not be deemed in any respect to constitute a waiver of the provisions of this section or of any applicable civil or criminal statute, and the Commission may have the title to the patent transferred to the Commission on the records of the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office in accordance with the provisions of this section. A determination of rights by the Commission pursuant to a contractual provision or other arrangement prior to the request of the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office for the statement, shall be final in the absence of false material statements or nondisclosure of material facts by the applicant.

Notes of Decisions

Cited in 12 cases (2 in the last 5 years), 1971–2021 · leading case: Bd. of Trs. of the Leland Stanford Junior Univ. v. Roche Molecular Sys., Inc., 131 S. Ct. 2188 (2011).

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Bd. of Trs. of the Leland Stanford Junior Univ. v. Roche Molecular Sys., Inc., 131 S. Ct. 2188 (2011). · cites it 4× “” 42 U. S. C. §2182 . Congress has also enacted laws requiring that title to certain inventions made pursuant to contracts with the National Aeronautics and Space Administration “shall be the exclusive property of the United States,” Pub.”

Omni Medsci, Inc. v. Apple Inc., 7 F.4th 1148 (Fed. Cir. 2021). · cites it 3× “at 787 (discussing 42 U.S.C. § 2182 , 51 U.S.C. § 20135 (b)(1) and 42 U.”

Umc Indus., Inc. v. Seaborg, 439 F.2d 953 (9th Cir. 1971). · cites it 8× “Pursuant to 42 U.S.C. § 2182 , the Patent Office called upon plaintiffs to submit an affidavit setting forth the facts surrounding the making or conception of the invention described in the application.”

Nuclear Data, Inc. v. Atomic Energy Comm'n, 344 F. Supp. 719 (N.D. Ill. 1972). · cites it 3× “Plaintiff contends that the AEC’s exercise of its power to waive the Government’s right to an exclusive patent license under section 152 of the Atomic Energy Act, 42 U.S.C. § 2182 , is such “agency action”.”

Fitch v. Atomic Energy Comm'n, 491 F.2d 1392 (C.C.P.A. 1974). · cites it 3× “This appeal is from the decision of the Board of Patent Interferences holding that the Atomic Energy Commission (AEC) is entitled under 42 U.S.C. § 2182 to the patent to be issued on application serial No.”

Pub. Citizen v. Sampson, 379 F. Supp. 662 (D.D.C. 1974). “, 42 U.S.C. §§ 2182 & 2457, specifically regulating the authority of the Atomic Energy Commission and NASA to confer rights in government-owned patents or those being developed under contract.”

U. S. Dep't of Energy v. White, 653 F.2d 479 (C.C.P.A. 1981). “These cross-appeals are from the decision of the United States Patent and Trademark Office (PTO) Board of Patent Interferences (board) in a “direction” proceeding under § 152 of the Atomic Energy Act of 1954 (Act), 42 U.S.C. § 2182 (hereinafter § 152), 1 which granted the motion…”

Piper v. Atomic Energy Comm'n, 502 F.2d 1393 (C.C.P.A. 1974). “This is an appeal from the final order of the Patent Office Board of Patent Interferences in a proceeding to determine the right of the Atomic Energy Commission (AEC) to have a patent issued to it instead of to the inventors or their as-signee, under section 152 of the Atomic…”

Carmen John Perri v. CA 199 Arcadia Owner LLC (C.D. Cal. 2020). “2007) (citing 28 42 U.S.C. § 2182 (a)-(b)). According to the ADA, a 1 disability is “a physical or mental impairment that 2 substantially limits one or more major life activities,” 3 including walking.”

Antonio Fernandez v. Orange Walker, LLC (C.D. Cal. 2021). “2007) (citing 18 42 U.S.C. § 2182 (a)-(b)). 19 According to the ADA, a disability is “a physical 20 or mental impairment that substantially limits one or 21 more major life activities,” including walking.”

StemCells, Inc. v. Neuralstem, Inc., 115 F. Supp. 3d 623 (D. Maryland 2015). “, for inventions relating to i nuclear power, 42 U.S.C. § 2182 , for inventions made pursuant to contracts with the National Aeronautics and Space Administration, 51 U.”

U. S. Dep't of Energy v. Szulinski, 673 F.2d 385 (C.C.P.A. 1982). “Szulinski (Szulinski) 1 issue to the United States Department of Energy (DOE) under § 152 of the Atomic Energy Act of 1954 (Act), 42 U.S.C. § 2182 (hereinafter § 152). 2 We reverse.”

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