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310    Government License Rights to Contractor-Owned Inventions Made Under Federally Sponsored Research and Development [R-08.2012]

Where a Government contractor retains U.S. domestic patent rights, the contractor is under an obligation by virtue of 35 U.S.C. 202(c)(6) to include the following statement at the beginning of the application and any patents issued thereon:

“This invention was made with government support under (identify the contract) awarded by (identify the Federal agency). The government has certain rights in the invention.”

If reference is made in the first sentence(s) of the specification following the title to prior copending applications of the applicant (37 CFR 1.78(a) and MPEP § 211 et seq.), the above “Government License Rights” statement should follow immediately as the second paragraph of the specification.

If there is no reference to an earlier application, the “Government License Rights” statement should appear as the first paragraph of the specification. See 37 CFR 1.77.

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Last Modified: 03/27/2014 10:10:35