35 USC Sec 202(c)(4) - government rights to federally funded inventions

[James Love <love@cptech.org>]

re: 35 USC Sec 202 (c)(4)

This is a statute that applies to Universities and 
businesses that obtain patent rights from research that 
was paid for by the federal government. 

According to 35 USC 202(c)(4), the US government retains
extensive rights to use or have patents practiced for or 
on behalf of the government, throughout the world. There 
is a simliar provision for government owned patents,
such as those licensed by the NIH or the Army (Walter
Reed Hospital). 

Public health groups could ask the Clinton/Gore 
administration to enter into an agreement with the WHO 
program on essential drugs, giving the WHO the rights to
use patents on essential medicines in developing 
countries.  

  Jamie Love <love@cptech.org>


http://www4.law.cornell.edu/uscode/35/202.html

Sec. 202. Disposition of rights 

     (c) Each funding agreement with a small business firm or
nonprofit organization shall contain appropriate provisions to
effectuate the following: 

   ....

         (4) With respect to any invention in which the
contractor elects rights, the Federal agency shall have a
nonexclusive, nontransferrable, irrevocable, paid-up license to
practice or have practiced for or on behalf of the United States
any subject invention throughout the world: Provided, That the
funding agreement may provide for such additional rights; [3]
including the right to assign or have assigned foreign patent
rights in the subject invention, as are determined by the agency
as necessary for meeting the obligations of the United States
under any treaty, international agreement, arrangement of
cooperation, memorandum of understanding, or similar arrangement,
including military agreement relating to weapons development and 
production. 




-- 
James Love
Consumer Project on Technology
http://www.cptech.org
love@cptech.org
202.387.8030; fax 202.234.5176