Page:United States Statutes at Large Volume 124.djvu/3366

 124 STAT. 3340 PUBLIC LAW 111–314—DEC. 18, 2010 to the United States upon application made by the Adminis- trator, unless the Administrator waives all or any part of the rights of the United States to such invention in conformity with the provisions of subsection (g). (c) CONTRACT PROVISIONS FOR FURNISHING REPORTS OF INVEN- TIONS, DISCOVERIES, IMPROVEMENTS, OR INNOVATIONS.—Each con- tract entered into by the Administrator with any party for the performance of any work shall contain effective provisions under which the party shall furnish promptly to the Administrator a written report containing full and complete technical information concerning any invention, discovery, improvement, or innovation which may be made in the performance of any such work. (d) PATENT APPLICATION.—No patent may be issued to any applicant other than the Administrator for any invention which appears to the Under Secretary of Commerce for Intellectual Prop- erty and Director of the United States Patent and Trademark Office (hereafter in this section referred to as the ‘‘Director’’) to have significant utility in the conduct of aeronautical and space activities unless the applicant files with the Director, with the application or within 30 days after request therefor by the Director, a written statement executed under oath setting forth the full facts concerning the circumstances under which the invention was made and stating the relationship (if any) of the invention to the performance of any work under any contract of the Administra- tion. Copies of each such statement and the application to which it relates shall be transmitted forthwith by the Director to the Administrator. (e) ISSUANCE OF PATENT TO APPLICANT.—Upon any application as to which any such statement has been transmitted to the Administrator, the Director may, if the invention is patentable, issue a patent to the applicant unless the Administrator, within 90 days after receipt of the application and statement, requests that the patent be issued to the Administrator on behalf of the United States. If, within such time, the Administrator files such a request with the Director, the Director shall transmit notice thereof to the applicant, and shall issue such patent to the Adminis- trator unless the applicant within 30 days after receipt of the notice requests a hearing before the Board of Patent Appeals and Interferences on the question whether the Administrator is entitled under this section to receive the patent. The Board may hear and determine, in accordance with rules and procedures established for interference cases, the question so presented, and its determina- tion shall be subject to appeal by the applicant or by the Adminis- trator to the United States Court of Appeals for the Federal Circuit in accordance with procedures governing appeals from decisions of the Board of Patent Appeals and Interferences in other pro- ceedings. (f) SUBSEQUENT TRANSFER OF PATENT IN CASE OF FALSE REP- RESENTATIONS.—Whenever a patent has been issued to an applicant in conformity with subsection (e), and the Administrator thereafter has reason to believe that the statement filed by the applicant in connection with the patent contained a false representation of a material fact, the Administrator, within 5 years after the date of issuance of the patent, may file with the Director a request for the transfer to the Administrator of title to the patent on the records of the Director. Notice of any such request shall be transmitted by the Director to the owner of record of the patent,