35 USC 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.
Terms Used In 35 USC 204
- Federal agency: means any executive agency as defined in section 105 of title 5, and the military departments as defined by section 102 of title 5. See 35 USC 201
- funding agreement: means any contract, grant, or cooperative agreement entered into between any Federal agency, other than the Tennessee Valley Authority, and any contractor for the performance of experimental, developmental, or research work funded in whole or in part by the Federal Government. See 35 USC 201
- individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See 1 USC 8
- invention: means any invention or discovery which is or may be patentable or otherwise protectable under this title or any novel variety of plant which is or may be protectable under the Plant Variety Protection Act (7 U. See 35 USC 201
- made: when used in relation to any invention means the conception or first actual reduction to practice of such invention. See 35 USC 201
- nonprofit organization: means universities and other institutions of higher education or an organization of the type described in section 501(c)(3) of the Internal Revenue Code of 1986 (26 U. See 35 USC 201
- small business firm: means a small business concern as defined at section 2 of Public Law 85-536 (15 U. See 35 USC 201
- subject invention: means any invention of the contractor conceived or first actually reduced to practice in the performance of work under a funding agreement: Provided, That in the case of a variety of plant, the date of determination (as defined in section 41(d) 1 of the Plant Variety Protection Act (7 U. See 35 USC 201