§ 2182. Inventions conceived during Commission contracts; ownership; waiver; hearings

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1946

   Pub. L. 83–724 · 68 Stat. 998

   Enacted · 42 U.S.C. § 2182

   Aug. 1, 1946, ch. 724, title I, § 152, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 944

   Source evidence

   Code source credit
   Aug. 1, 1946, ch. 724, title I, § 152, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 944

2. 1961

   Pub. L. 87–206 § 10 · 75 Stat. 475

   Struck · 42 U.S.C. § 2182

   Pub. L. 87–206 clarified language concerning Commission’s patent rights on inventions made or conceived under contract, subcontract, or arrangement with Commission, striking out language extending Commission’s patent rights to other relationships and activities in connection with Commission contracts, provided for waiver of patent rights consistent with the policy of this section and for finality of determinations of Commission, and dispensed with need for statement to Commissioner of Patents under certain circumstances

   Source evidence

   Code amendment note
   Pub. L. 87–206 clarified language concerning Commission’s patent rights on inventions made or conceived under contract, subcontract, or arrangement with Commission, striking out language extending Commission’s patent rights to other relationships and activities in connection with Commission contracts, provided for waiver of patent rights consistent with the policy of this section and for finality of determinations of Commission, and dispensed with need for statement to Commissioner of Patents under certain circumstances.

   Enacted provision · exact public law section
   Sec. 10. Section 152 of the Atomic Energy Act of 1954, as amended, 42 USC 2182. is amended to read as follows: “Sec. 152. Inventions Made or Conceived During Commission Contracts.—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 Commissioner of Patents (unless the Commission advises the Commissioner of Patents 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 Commissioner of Patents shall as soon as the application is otherwise in condition for allowances forward copies of the application and the statement to the Commission. “The Commissioner of Patents 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 Commissioner of Patents 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 Commissioner of Patents, 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 a Board of Patent Interferences. The Board shall have the power to hear and determine whether the Commission was entitled to the direction filed with the Commissioner of Patents. The Board shall follow the rules and procedures established for interference cases and an appeal may be taken by either the applicant or the Commission from the final order of the Board to the Court of Customs and Patent Appeals in accordance with the procedures governing the appeals from the Board of Patent Interferences. “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 Commissioner of Patents 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 Commissioner of Patents for the statement, shall be final in the absence of false material statements or nondisclosure of material facts by the applicant.”

3. 1962

   Pub. L. 87–615 § 11 · 76 Stat. 409

   Substituted · 42 U.S.C. § 2182

   Pub. L. 87–615 substituted “allowance” for “allowances” before “forward copies of the application” in first par

   Source evidence

   Code amendment note
   Pub. L. 87–615 substituted “allowance” for “allowances” before “forward copies of the application” in first par.

   Enacted provision · exact public law section
   Sec. 11. Section 152 of the Atomic Energy Act of 1954 is 75 Stat. 476. 42 USC 2165. amended by striking out the word “allowances” in the first paragraph thereof and substituting therefor the word “allowance”.

4. 1982

   Federal Courts Improvement Act of 1982

   Pub. L. 97–164 title I § 162(2) · 96 Stat. 25

   Substituted · 42 U.S.C. § 2182

   Pub. L. 97–164 substituted “United States Court of Appeals for the Federal Circuit” for “Court of Customs and Patent Appeals” in third par

   Source evidence

   Code amendment note
   Pub. L. 97–164 substituted “United States Court of Appeals for the Federal Circuit” for “Court of Customs and Patent Appeals” in third par.

   Enacted provision · exact public law section
   (2) Section 152 of the Atomic Energy Act of 1954 (42 U.S.C. 2182).

5. 1984

   Patent Law Amendments Act of 1984

   Pub. L. 98–622 title II § 205(b) · 98 Stat. 3383

   Substituted · 42 U.S.C. § 2182

   Pub. L. 98–622, in third par., substituted “the Board of Patent Appeals and Interferences” for “a Board of Patent Interferences” and “the Board of Patent Interferences”

   Source evidence

   Code amendment note
   Pub. L. 98–622, in third par., substituted “the Board of Patent Appeals and Interferences” for “a Board of Patent Interferences” and “the Board of Patent Interferences”.

   Enacted provision · exact public law section
   (b) Section 152 of the Atomic Energy Act of 1954 (42 U.S.C. 2182) is amended in the third paragraph— (1) by striking out “a Board of Patent Interferences” and inserting in lieu thereof “the Board of Patent Appeals and Interferences”; and (2) by striking out “the Board of Patent Interferences” and inserting in lieu thereof “the Board of Patent Appeals and Interferences”.

6. 1999

   District of Columbia Appropriations Act, 2000

   Pub. L. 106–113 div. B § 1000(a)(9)(tIV)(s4732)(b)(19) · 113 Stat. 1501

   Substituted · 42 U.S.C. § 2182

   Pub. L. 106–113 substituted “Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office” for “Commissioner of Patents” wherever appearing

   Source evidence

   Code amendment note
   Pub. L. 106–113 substituted “Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office” for “Commissioner of Patents” wherever appearing.

7. 2011

   Pub. L. 112–29 § 7(d)(1) · 125 Stat. 315

   1. Substituted · 42 U.S.C. § 2182

      Pub. L. 112–29 substituted “Patent Trial and Appeal Board” for “Board of Patent Appeals and Interferences” in two places

   2. Inserted · 42 U.S.C. § 2182

      Pub. L. 112–29 inserted “and derivation” after “established for interference”

   Source evidence

   Code amendment note
   Pub. L. 112–29 substituted “Patent Trial and Appeal Board” for “Board of Patent Appeals and Interferences” in two places and inserted “and derivation” after “established for interference”.

   Enacted provision · exact public law section
   (1) Atomic energy act of 1954.— Section 152 of the Atomic Energy Act of 1954 (42 U.S.C. 2182) is amended in the third undesignated paragraph— (A) by striking “Board of Patent Appeals and Interferences” each place it appears and inserting “Patent Trial and Appeal Board”; and (B) by inserting “and derivation” after “established for interference”.

   Effective date note
   Amendment by Pub. L. 112–29 effective upon the expiration of the 1-year period beginning on Sept. 16, 2011, and applicable to proceedings commenced on or after that effective date, with certain exceptions, see section 7(e) of Pub. L. 112–29, set out as a note under section 6 of Title 35, Patents.

6 of 8 references resolved to an enrolled provision · 2 partial