§ 210. — Precedence of chapter.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 35USC210]
TITLE 35--PATENTS
PART II--PATENTABILITY OF INVENTIONS AND GRANT OF PATENTS
CHAPTER 18--PATENT RIGHTS IN INVENTIONS MADE WITH FEDERAL ASSISTANCE
Sec. 210. Precedence of chapter
(a) This chapter shall take precedence over any other Act which
would require a disposition of rights in subject inventions of small
business firms or nonprofit organizations contractors in a manner that
is inconsistent with this chapter, including but not necessarily limited
to the following:
(1) section 10(a) of the Act of June 29, 1935, as added by title
I of the Act of August 14, 1946 (7 U.S.C. 427i(a); 60 Stat. 1085);
(2) section 205(a) of the Act of August 14, 1946 (7 U.S.C.
1624(a); 60 Stat. 1090);
(3) section 501(c) of the Federal Mine Safety and Health Act of
1977 (30 U.S.C. 951(c); 83 Stat. 742);
(4) section 30168(e) of title 49;
(5) section 12 of the National Science Foundation Act of 1950
(42 U.S.C. 1871(a); \1\ 82 Stat. 360);
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\1\ See References in Text note below.
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(6) section 152 of the Atomic Energy Act of 1954 (42 U.S.C.
2182; 68 Stat. 943);
(7) section 305 of the National Aeronautics and Space Act of
1958 (42 U.S.C. 2457);
(8) section 6 of the Coal Research Development Act of 1960 (30
U.S.C. 666; 74 Stat. 337);
(9) section 4 of the Helium Act Amendments of 1960 (50 U.S.C.
167b; 74 Stat. 920);
(10) section 32 of the Arms Control and Disarmament Act of 1961
(22 U.S.C. 2572; 75 Stat. 634);
(11) section 9 of the Federal Nonnuclear Energy Research and
Development Act of 1974 (42 U.S.C. 5908; 88 Stat. 1878);
(12) section 5(d) of the Consumer Product Safety Act (15 U.S.C.
2054(d); 86 Stat. 1211);
(13) section 3 of the Act of April 5, 1944 (30 U.S.C. 323; 58
Stat. 191); \1\
(14) section 8001(c)(3) of the Solid Waste Disposal Act (42
U.S.C. 6981(c); 90 Stat. 2829);
(15) section 219 of the Foreign Assistance Act of 1961 (22
U.S.C. 2179; 83 Stat. 806);
(16) section 427(b) of the Federal Mine Health and Safety Act of
1977 (30 U.S.C. 937(b); 86 Stat. 155);
(17) section 306(d) of the Surface Mining and Reclamation Act of
1977 (30 U.S.C. 1226(d); 91 Stat. 455); \1\
(18) section 21(d) of the Federal Fire Prevention and Control
Act of 1974 (15 U.S.C. 2218(d); 88 Stat. 1548);
(19) section 6(b) of the Solar Photovoltaic Energy Research
Development and Demonstration Act of 1978 (42 U.S.C. 5585(b); 92
Stat. 2516);
(20) section 12 of the Native Latex Commercialization and
Economic Development Act of 1978 (7 U.S.C. 178j; 92 Stat. 2533); and
(21) section 408 of the Water Resources and Development Act of
1978 (42 U.S.C. 7879; 92 Stat. 1360).
The Act creating this chapter shall be construed to take precedence over
any future Act unless that Act specifically cites this Act and provides
that it shall take precedence over this Act.
(b) Nothing in this chapter is intended to alter the effect of the
laws cited in paragraph (a) of this section or any other laws with
respect to the disposition of rights in inventions made in the
performance of funding agreements with persons other than nonprofit
organizations or small business firms.
(c) Nothing in this chapter is intended to limit the authority of
agencies to agree to the disposition of rights in inventions made in the
performance of work under funding agreements with persons other than
nonprofit organizations or small business firms in accordance with the
Statement of Government Patent Policy issued on February 18, 1983,
agency regulations, or other applicable regulations or to otherwise
limit the authority of agencies to allow such persons to retain
ownership of inventions except that all funding agreements, including
those with other than small business firms and nonprofit organizations,
shall include the requirements established in section 202(c)(4) and
section 203 of this title. Any disposition of rights in inventions made
in accordance with the Statement or implementing regulations, including
any disposition occurring before enactment of this section, are hereby
authorized.
(d) Nothing in this chapter shall be construed to require the
disclosure of intelligence sources or methods or to otherwise affect the
authority granted to the Director of Central Intelligence by statute or
Executive order for the protection of intelligence sources or methods.
(e) The provisions of the Stevenson-Wydler Technology Innovation Act
of 1980 shall take precedence over the provisions of this chapter to the
extent that they permit or require a disposition of rights in subject
inventions which is inconsistent with this chapter.
(Added Pub. L. 96-517, Sec. 6(a), Dec. 12, 1980, 94 Stat. 3026; amended
Pub. L. 98-620, title V, Sec. 501(13), Nov. 8, 1984, 98 Stat. 3367; Pub.
L. 99-502, Sec. 9(c), Oct. 20, 1986, 100 Stat. 1796; Pub. L. 103-272,
Sec. 5(j), July 5, 1994, 108 Stat. 1375; Pub. L. 104-113, Sec. 7, Mar.
7, 1996, 110 Stat. 779; Pub. L. 105-393, title II, Sec. 220(c)(2), Nov.
13, 1998, 112 Stat. 3625; Pub. L. 107-273, div. C, title III,
Sec. 13206(a)(16), Nov. 2, 2002, 116 Stat. 1905.)
References in Text
The Act and this Act, referred to in subsec. (a), is Pub. L. 96-517,
Dec. 12, 1980, 94 Stat. 3015, which enacted sections 200 to 211 and 301
to 307 of this title, amended sections 41, 42, and 154 of this title,
section 1113 of Title 15, Commerce and Trade, sections 101 and 117 of
Title 17, Copyrights, and sections 2186, 2457, and 5908 of Title 42, The
Public Health and Welfare, and enacted provisions set out as notes under
sections 13 and 41 of this title. For complete classification of this
Act to the Code, see Tables.
Section 12 of the National Science Foundation Act of 1950 (42 U.S.C.
1871(a); 82 Stat. 360), referred to in subsec. (a)(5), was amended by
Pub. L. 99-159, title I, Sec. 109(c), Nov. 22, 1985, 99 Stat. 889, by
striking out subsec. (b) and designating subsec. (a) as the entire
section.
Section 3 of the Act of April 5, 1944 (30 U.S.C. 323; 58 Stat. 191),
referred to in subsec. (a)(13), was omitted from the Code.
Section 306(d) of the Surface Mining and Reclamation Act, referred
to in subsec. (a)(17), was classified to section 1226(d) of Title 30,
Mineral Lands and Mining, prior to enactment of Pub. L. 98-409, which
enacted a new section 1226 of Title 30. See section 1226(c) of Title 30.
The Native Latex Commercialization and Economic Development Act of
1978, referred to in subsec. (a)(20), is Pub. L. 95-592, Nov. 4, 1978,
92 Stat. 2529, as amended, which, as amended by Pub. L. 98-284, May 16,
1984, 98 Stat. 181, is known as the Critical Agricultural Materials Act
and is classified principally to subchapter II (Sec. 178 et seq.) of
chapter 8A of Title 7, Agriculture. For complete classification of this
Act to the Code, see Short Title note set out under section 178 of Title
7 and Tables.
Section 408 of the Water Resources and Development Act of 1978 (42
U.S.C. 7879; 92 Stat. 1360), referred to in subsec. (a)(21), was
repealed by Pub. L. 98-242, title I, Sec. 110(a), Mar. 22, 1984, 98
Stat. 101. See section 10308 of Title 42, The Public Health and Welfare.
The Stevenson-Wydler Technology Innovation Act of 1980, referred to
in subsec. (e), is Pub. L. 96-480, Oct. 21, 1980, 94 Stat. 2311, as
amended, which is classified generally to chapter 63 (Sec. 3701 et seq.)
of Title 15, Commerce and Trade. For complete classification of this Act
to the Code, see Short Title note set out under section 3701 of Title 15
and Tables.
Amendments
2002--Subsec. (a)(11). Pub. L. 107-273, Sec. 13206(a)(16)(A)(i),
substituted ``5908'' for ``5901''.
Subsec. (a)(20). Pub. L. 107-273, Sec. 13206(a)(16)(A)(ii),
substituted ``178j'' for ``178(j)''.
Subsec. (c). Pub. L. 107-273, Sec. 13206(a)(16)(B), substituted
``section 202(c)(4)'' for ``paragraph 202(c)(4)'' and struck out second
period after ``title''.
1998--Subsec. (a)(11) to (22). Pub. L. 105-393 redesignated pars.
(12) to (22) as (11) to (21), respectively, and struck out former par.
(11) which read as follows: ``subsection (e) of section 302 of the
Appalachian Regional Development Act of 1965 (40 U.S.C. App. 302(e); 79
Stat. 5);''.
1996--Subsec. (e). Pub. L. 104-113 struck out ``, as amended by the
Federal Technology Transfer Act of 1986,'' after ``1980''.
1994--Subsec. (a)(4). Pub. L. 103-272 substituted ``section 30168(e)
of title 49'' for ``section 106(c) of the National Traffic and Motor
Vehicle Safety Act of 1966 (15 U.S.C. 1395(c); 80 Stat. 721)''.
1986--Subsec. (e). Pub. L. 99-502 added subsec. (e).
1984--Subsec. (c). Pub. L. 98-620 substituted ``February 18, 1983''
for ``August 23, 1971 (36 Fed. Reg. 16887)'' and inserted provision that
all funding agreements, including those with other than small business
firms and nonprofit organizations, shall include the requirements
established in paragraph 202(c)(4) and section 203 of this title.
