§ 203. — Marchin rights.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 35USC203]
TITLE 35--PATENTS
PART II--PATENTABILITY OF INVENTIONS AND GRANT OF PATENTS
CHAPTER 18--PATENT RIGHTS IN INVENTIONS MADE WITH FEDERAL ASSISTANCE
Sec. 203. March-in rights
(a) With respect to any subject invention in which a small business
firm or nonprofit organization has acquired title under this chapter,
the Federal agency under whose funding agreement the subject invention
was made shall have the right, in accordance with such procedures as are
provided in regulations promulgated hereunder to require the contractor,
an assignee or exclusive licensee of a subject invention to grant a
nonexclusive, partially exclusive, or exclusive license in any field of
use to a responsible applicant or applicants, upon terms that are
reasonable under the circumstances, and if the contractor, assignee, or
exclusive licensee refuses such request, to grant such a license itself,
if the Federal agency determines that such--
(1) action is necessary because the contractor or assignee has
not taken, or is not expected to take within a reasonable time,
effective steps to achieve practical application of the subject
invention in such field of use;
(2) action is necessary to alleviate health or safety needs
which are not reasonably satisfied by the contractor, assignee, or
their licensees;
(3) action is necessary to meet requirements for public use
specified by Federal regulations and such requirements are not
reasonably satisfied by the contractor, assignee, or licensees; or
(4) action is necessary because the agreement required by
section 204 has not been obtained or waived or because a licensee of
the exclusive right to use or sell any subject invention in the
United States is in breach of its agreement obtained pursuant to
section 204.
(b) A determination pursuant to this section or section 202(b)(4)
shall not be subject to the Contract Disputes Act (41 U.S.C. Sec. 601 et
seq.). An administrative appeals procedure shall be established by
regulations promulgated in accordance with section 206. Additionally,
any contractor, inventor, assignee, or exclusive licensee adversely
affected by a determination under this section may, at any time within
sixty days after the determination is issued, file a petition in the
United States Court of Federal Claims, which shall have jurisdiction to
determine the appeal on the record and to affirm, reverse, remand or
modify, as appropriate, the determination of the Federal agency. In
cases described in paragraphs (1) and (3) of subsection (a), the
agency's determination shall be held in abeyance pending the exhaustion
of appeals or petitions filed under the preceding sentence.
(Added Pub. L. 96-517, Sec. 6(a), Dec. 12, 1980, 94 Stat. 3022; amended
Pub. L. 98-620, title V, Sec. 501(9), Nov. 8, 1984, 98 Stat. 3367; Pub.
L. 102-572, title IX, Sec. 902(b)(1), Oct. 29, 1992, 106 Stat. 4516;
Pub. L. 107-273, div. C, title III, Sec. 13206(a)(14), Nov. 2, 2002, 116
Stat. 1905.)
References in Text
The Contract Disputes Act of 1978, referred to in subsec. (b), is
Pub. L. 95-563, Nov. 1, 1978, 92 Stat. 2383, as amended, which is
classified principally to chapter 9 (Sec. 601 et seq.) of Title 41,
Public Contracts. For complete classification of this Act to the Code
see Short Title note set out under section 601 of Title 41 and Tables.
Amendments
2002--Pub. L. 107-273 redesignated par. (1) as subsec. (a) and
former subpars. (a) to (d) as pars. (1) to (4), respectively,
redesignated former par. (2) as subsec. (b), struck out quotation marks
and comma before ``as appropriate'', and substituted ``paragraphs (1)
and (3) of subsection (a)'' for ``paragraphs (a) and (c)''.
1992--Par. (2). Pub. L. 102-572 substituted ``United States Court of
Federal Claims'' for ``United States Claims Court''.
1984--Pub. L. 98-620 designated existing provisions as par. (1) and
added par. (2).
Effective Date of 1992 Amendment
Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
911 of Pub. L. 102-572, set out as a note under section 171 of Title 28,
Judiciary and Judicial Procedure.
Section Referred to in Other Sections
This section is referred to in sections 202, 206, 210 of this title;
title 15 section 3710a.
