§ 204. — Preference for United States industry.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 35USC204]
TITLE 35--PATENTS
PART II--PATENTABILITY OF INVENTIONS AND GRANT OF PATENTS
CHAPTER 18--PATENT RIGHTS IN INVENTIONS MADE WITH FEDERAL ASSISTANCE
Sec. 204. Preference for United States industry
Notwithstanding any other provision of this chapter, no small
business firm or nonprofit organization which receives title to any
subject invention and no assignee of any such small business firm or
nonprofit organization shall grant to any person the exclusive right to
use or sell any subject invention in the United States unless such
person agrees that any products embodying the subject invention or
produced through the use of the subject invention will be manufactured
substantially in the United States. However, in individual cases, the
requirement for such an agreement may be waived by the Federal agency
under whose funding agreement the invention was made upon a showing by
the small business firm, nonprofit organization, or assignee that
reasonable but unsuccessful efforts have been made to grant licenses on
similar terms to potential licensees that would be likely to manufacture
substantially in the United States or that under the circumstances
domestic manufacture is not commercially feasible.
(Added Pub. L. 96-517, Sec. 6(a), Dec. 12, 1980, 94 Stat. 3023.)
Section Referred to in Other Sections
This section is referred to in sections 202, 203, 206 of this title.
