>>22760690
In 1950, Executive Order 10096 went into effect to create a universal method to allocate patent rights between government agencies and their employees. The majority of patents owned by the federal government exist under this executive order's provisions.
Within the executive order, the main section details that the federal government obtains all rights to inventions made by employees if the invention:
Is created using government equipment or facilities
Is created during working hours
Is created with the assistance of another government employee on duty
Relates to the inventor's official duties
An additional provision under the order states that the government does not have to take title for the invention if it doesn't serve a benefit. For example, an invention created by an employee using government materials or time only minimally does not require the government to take title. If the government doesn't have sufficient interest in the invention, it may have the right to take title but could elect not to do so. Even when the government chooses not to take title, it does retain a royalty-free, non-exclusive, and irrevocable license, as well as the power to grant additional licenses.
The executive order includes guidelines to allocate patent rights, but allocating those rights requires all complex issues to be resolved first. Some of the complex issues that can come up include:
What are a government employee or contractor's official duties?
When is an invention actually made?
When should the government elect not to take the title?
When resolving these issues, the various governmental agencies will review factual circumstances and how they relate to the executive order, as well as how they are interpreted by a judge.
The right for the federal government to own a patent for an invention developed under research and development sponsored by the government through small business organizations, universities, and nonprofit organizations exists in accordance with terms set forth in the agreement. Prior to 1980, the clauses related to patent rights in a funding agreement were decided by the agency's policies and legislation. In some cases, the agencies would keep the title, and in others, they would not.
this goes for any facility that took gov funds.
when the us corp was under a Chinese name by looking at the businesses registered.. but using America as their funding of course its going to say united states.
if a patent was made under this gov. It should have say these united states, but thats my 2 cents. that way miscommunications cant happen.