Statements to DOE and NASA

Applicants must report inventions made under contracts with DOE or NASA. These agencies may have rights to the invention. Applicant must disclose the contract and comply with agency rights provisions.

Key Points

DOE and NASA contracts: applicant must disclose government interest in application
Government may have license rights or title to the invention
Must include statement of government interest in specification
Failure to disclose: may affect rights between applicant and government
AIA: government-funded inventions have specific Bayh-Dole Act requirements

Key Takeaway

Any invention made with federal funding (DOE, NASA, NSF, etc.) requires disclosure of the government interest in the specification. The government typically gets a royalty-free license even if the applicant retains title.

Exam Trap

Omitting the required government interest statement from the specification does not invalidate the patent but may affect the government's rights. Bayh-Dole Act governs federally funded inventions broadly.

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