Common use of Invention Disclosure, Election of Title and Filing of Patent Application by Recipient Clause in Contracts

Invention Disclosure, Election of Title and Filing of Patent Application by Recipient. (1) The Recipient will disclose each subject invention to the Federal Agency within two months after the inventor discloses it in writing to Recipient personnel responsible for patent matters. The disclosure to the agency shall be in the form of a written report and shall identify the agreement under which the invention was made and the inventor(s). It shall be sufficiently complete in technical detail to convey a clear understanding to the extent known at the time of the disclosure, of the nature, purpose, operation, and the physical, chemical, biological or electrical characteristics of the invention. The disclosure shall also identify any publication, on sale or public use of the invention and whether a manuscript describing the invention has been submitted for publication and, if so, whether it has been accepted for publication at the time of disclosure. In addition, after disclosure to the agency, the Recipient will promptly notify the agency of the acceptance of any manuscript describing the invention for publication or of any on sale or public use planned by the Recipient. (2) The Recipient will elect in writing whether or not to retain title to any such invention by notifying the Federal agency within two years of disclosure to the Federal agency. However, in any case where a patent, a printed publication, public use, sale, or other availability to the public has initiated the one year statutory period wherein valid patent protection can still be obtained in the United States, the period for election of title may be shortened by the agency to a date that is no more than 60 days prior to the end of the statutory period. (3) The Recipient will file its initial patent application on a subject invention to which it elects to retain title within one year after election of title or, if earlier, prior to the end of any statutory period wherein valid patent protection can be obtained in the United States after a publication, on sale, or public use. If the Recipient files a provisional application as its initial patent application, it shall file a non-provisional application within 10 months of the filing of the provisional application. The Recipient will file patent applications in additional countries or international patent offices within either ten months of the first filed patent application or six months from the date permission is granted by the Commissioner of Patents to file foreign patent applications where such filing has been prohibited by a Secrecy Order. (4) For any subject invention with Federal agency and Recipient co-inventors, where the Federal agency employing such co-inventor determines that it would be in the interest of the government, pursuant to 35 U.S.C. 207(a)(3), to file an initial patent application on the subject invention, the Federal agency employing such co-inventor, at its discretion and in consultation with the Recipient, may file such application at its own expense, provided that the Recipient retains the ability to elect title pursuant to 35 U.S.C. 202(a). (5) Requests for extension of the time for disclosure, election, and filing under paragraphs (1), (2), and (3) of this clause may, at the discretion of the Federal agency, be granted. When a Recipient has requested an extension for filing a non-provisional application after filing a provisional application, a one-year extension will be granted unless the Federal agency notifies the Recipient within 60 days of receiving the request.

Invention Disclosure, Election of Title and Filing of Patent Application by Recipient. (1) . The Recipient recipient will disclose each subject invention to the Federal Agency Government within two 2 months after the inventor discloses it in writing to Recipient recipient personnel responsible for patent matters. The disclosure to the agency Government shall be in the form of a written report and shall identify the agreement under which the invention was made and the inventor(s). It shall be sufficiently complete in technical detail to convey a clear understanding to the extent known at the time of the disclosure, of the nature, purpose, operation, and the physical, chemical, biological or electrical characteristics of the invention. The disclosure shall also identify any publication, on sale or public use of the invention and whether a manuscript describing the invention has been submitted for publication and, if so, whether it has been accepted for publication at the time of disclosure. In addition, after disclosure to the agencyGovernment, the Recipient recipient will promptly notify the agency Government of the acceptance of any manuscript describing the invention for publication or of any on sale or public use planned by the Recipientrecipient. (2) . The Recipient recipient will elect in writing whether or not to retain title to any such invention by notifying the Federal agency Government within two 2 years of disclosure to the Federal agencyGovernment. However, in any case where a patent, a printed publication, on sale or public use, sale, or other availability to the public use has initiated the one year statutory period wherein valid patent protection can still be obtained in the United States, the period for election of title may be shortened by the agency Government to a date that is no more than 60 days prior to the end of the statutory period. (3) . The Recipient recipient will file its initial patent application on a subject invention to which it elects to retain title within one 1 year after election of title or, if earlier, prior to the end of any statutory period wherein valid patent protection can be obtained in the United States after a publication, on sale, or public use. If the Recipient files a provisional application as its initial patent application, it shall file a non-provisional application within 10 months of the filing of the provisional application. The Recipient recipient will file patent applications in additional countries or international patent offices within either ten 10 months of the first filed corresponding initial patent application or six 6 months from the date permission is granted by the Commissioner of Patents and Trademarks to file foreign patent applications where such filing has been prohibited by a Secrecy Order. (4) For any subject invention with Federal agency and Recipient co-inventors, where the Federal agency employing such co-inventor determines that it would be in the interest of the government, pursuant to 35 U.S.C. 207(a)(3), to file an initial patent application on the subject invention, the Federal agency employing such co-inventor, at its discretion and in consultation with the Recipient, may file such application at its own expense, provided that the Recipient retains the ability to elect title pursuant to 35 U.S.C. 202(a). (5) . Requests for extension of the time for disclosure, election, and filing under paragraphs subparagraphs (1), (2), and (3) of this clause may, at the discretion of the Federal agencyGovernment, be granted. When a Recipient has requested an extension for filing a non-provisional application after filing a provisional application, a one-year extension will be granted unless the Federal agency notifies the Recipient within 60 days of receiving the request.

Invention Disclosure, Election of Title and Filing of Patent Application by Recipient. (1) 10.3.1 The Recipient recipient will disclose each subject invention to the Federal Agency ARL within two months after the inventor discloses it in writing to Recipient recipient personnel responsible for patent matters. The disclosure to the agency shall be in the form of a written report and shall identify the agreement under which the invention was made and the inventor(s). It shall be sufficiently complete in technical detail to convey a clear understanding to the extent known at the time of the disclosure, of the nature, purpose, operation, and the physical, chemical, biological or electrical characteristics of the invention. The disclosure shall also identify any publication, on sale or public use of the invention and whether a manuscript describing the invention has been submitted for publication and, if so, whether it has been accepted for publication at the time of disclosure. In addition, after disclosure to the agencyARL, the Recipient recipient will promptly notify the agency ARL of the acceptance of any manuscript describing the invention for publication or of any on sale or public use planned by the Recipientrecipient. (2) 10.3.2 The Recipient recipient will elect in writing whether or not to retain title to any such invention by notifying the Federal agency ARL within two years of disclosure to the Federal agencyARL. However, in any case where a patent, a printed publication, sale or public use, sale, or other availability to the public use has initiated the one year statutory period wherein valid patent protection can still be obtained in the United States, the period for election of title may be shortened by the agency ARL to a date that is no more than 60 days prior to the end of the statutory period. (3) 10.3.3 The Recipient recipient will file its initial patent application on a subject invention to which it elects to retain title within one year after election of title or, if earlier, prior to the end of any statutory period wherein valid patent protection can be obtained in the United States after a publication, on sale, or public use. If the Recipient files a provisional application as its initial patent application, it shall file a non-provisional application within 10 months of the filing of the provisional application. The Recipient recipient will file patent applications in additional countries or international patent offices within either ten months of the first filed corresponding initial patent application or six months from the date permission is granted by the Commissioner of Patents patents and trademarks to file foreign patent applications where such filing has been prohibited by a Secrecy Order. (4) For any subject invention with Federal agency and Recipient co-inventors, where the Federal agency employing such co-inventor determines that it would be in the interest of the government, pursuant to 35 U.S.C. 207(a)(3), to file an initial patent application on the subject invention, the Federal agency employing such co-inventor, at its discretion and in consultation with the Recipient, may file such application at its own expense, provided that the Recipient retains the ability to elect title pursuant to 35 U.S.C. 202(a). (5) Requests 10.3.4 Request for extension of the time for disclosure, election, and filing under paragraphs (1)Subparagraphs 10.3.1, (2)10.3.2, and (3) of this clause 10.3.3 may, at the discretion of the Federal agencyARL, be granted. When a Recipient has requested an extension for filing a non-provisional application after filing a provisional application, a one-year extension will be granted unless the Federal agency notifies the Recipient within 60 days of receiving the request.

Invention Disclosure, Election of Title and Filing of Patent Application by Recipient. (1) The Recipient recipient will disclose each subject invention to the Federal Agency Government within two 2 months after the inventor discloses it in writing to Recipient recipient personnel responsible for patent matters. The disclosure to the agency Government shall be in the form of a written report and shall identify the agreement under which the invention was made and the inventor(s). It shall be sufficiently complete in technical detail to convey a clear understanding to the extent known at the time of the disclosure, of the nature, purpose, operation, and the physical, chemical, biological or electrical characteristics of the invention. The disclosure shall also identify any publication, on sale or public use of the invention and whether a manuscript describing the invention has been submitted for publication and, if so, whether it has been accepted for publication at the time of disclosure. In addition, after disclosure to the agencyGovernment, the Recipient recipient will promptly notify the agency Government of the acceptance of any manuscript describing the invention for publication or of any on sale or public use planned by the Recipientrecipient. (2) The Recipient recipient will elect in writing whether or not to retain title to any such invention by notifying the Federal agency Government within two 2 years of disclosure to the Federal agencyGovernment. However, in any case where a patent, a printed publication, on sale or public use, sale, or other availability to the public use has initiated the one year statutory period wherein valid patent protection can still be obtained in the United States, the period for election of title may be shortened by the agency Government to a date that is no more than 60 days prior to the end of the statutory period. (3) The Recipient recipient will file its initial patent application on a subject invention to which it elects to retain title within one 1 year after election of title or, if earlier, prior to the end of any statutory period wherein valid patent protection can be obtained in the United States after a publication, on sale, or public use. If the Recipient files a provisional application as its initial patent application, it shall file a non-provisional application within 10 months of the filing of the provisional application. The Recipient recipient will file patent applications in additional countries or international patent offices within either ten 10 months of the first filed corresponding initial patent application or six 6 months from the date permission is granted by the Commissioner of Patents and Trademarks to file foreign patent applications where such filing has been prohibited by a Secrecy Order. (4) For any subject invention with Federal agency and Recipient co-inventors, where the Federal agency employing such co-inventor determines that it would be in the interest of the government, pursuant to 35 U.S.C. 207(a)(3), to file an initial patent application on the subject invention, the Federal agency employing such co-inventor, at its discretion and in consultation with the Recipient, may file such application at its own expense, provided that the Recipient retains the ability to elect title pursuant to 35 U.S.C. 202(a). (5) Requests for extension of the time for disclosure, election, and filing under paragraphs subparagraphs (1), (2), and (3) of this clause may, at the discretion of the Federal agencyGovernment, be granted. When a Recipient has requested an extension for filing a non-provisional application after filing a provisional application, a one-year extension will be granted unless the Federal agency notifies the Recipient within 60 days of receiving the request.

Invention Disclosure, Election of Title and Filing of Patent Application by Recipient. (1) . The Recipient will disclose each subject invention to the Federal Agency within two months after the inventor discloses it in writing to Recipient personnel responsible for patent matters. The disclosure to the agency shall be in the form of a written report and shall identify the agreement Agreement under which the invention was made and the inventor(s). It shall be sufficiently complete in technical detail to convey a clear understanding to the extent known at the time of the disclosure, of the nature, purpose, operation, and the physical, chemical, biological or electrical characteristics of the invention. The disclosure shall also identify any publication, on sale or public use of the invention and whether a manuscript describing the invention has been submitted for publication and, if so, whether it has been accepted for publication at the time of disclosure. In addition, after disclosure to the agency, the Recipient will promptly notify the agency of the acceptance of any manuscript describing the invention for publication or of any on sale or public use planned by the Recipient. (2) . The Recipient will elect in writing whether or not to retain title to any such invention by notifying the Federal agency within two years of disclosure to the Federal agency. However, in any case where a patent, a printed publication, on sale or public use, sale, or other availability to the public use has initiated the one year statutory period wherein valid patent protection can still be obtained in the United States, the period for election of title may be shortened by the agency to a date that is no more than 60 days prior to the end of the statutory period. (3) . The Recipient will file its initial patent application on a subject invention to which it elects to retain title within one year after election of title or, if earlier, prior to the end of any statutory period wherein valid patent protection can be obtained in the United States after a publication, on sale, or public use. If the Recipient files a provisional application as its initial patent application, it shall file a non-provisional application within 10 months of the filing of the provisional application. The Recipient will file patent applications in additional countries or international patent offices within either ten months of the first filed corresponding initial patent application or six months from the date permission is granted by the Commissioner of Patents and Trademarks to file foreign patent applications where such filing has been prohibited by a Secrecy Order. (4) For any subject invention with Federal agency and Recipient co-inventors, where the Federal agency employing such co-inventor determines that it would be in the interest of the government, pursuant to 35 U.S.C. 207(a)(3), to file an initial patent application on the subject invention, the Federal agency employing such co-inventor, at its discretion and in consultation with the Recipient, may file such application at its own expense, provided that the Recipient retains the ability to elect title pursuant to 35 U.S.C. 202(a). (5) . Requests for extension of the time for disclosure, election, and filing under paragraphs subparagraphs (1), (2), and (3) of this clause may, at the discretion of the Federal agency, be granted. When a Recipient has requested an extension for filing a non-provisional application after filing a provisional application, a one-year extension will be granted unless the Federal agency notifies the Recipient within 60 days of receiving the request.

Invention Disclosure, Election of Title and Filing of Patent Application by Recipient. ​ (1) The Recipient recipient will disclose each subject invention to the Federal Agency Government within two 2 months after the inventor discloses it in writing to Recipient recipient personnel responsible for patent matters. The disclosure to the agency Government shall be in the form of a written report and shall identify the agreement under which the invention was made and the inventor(s). It shall be sufficiently complete in technical detail to convey a clear understanding to the extent known at the time of the disclosure, of the nature, purpose, operation, and the physical, chemical, biological or electrical characteristics of the invention. The disclosure shall also identify any publication, on sale or public use of the invention and whether a manuscript describing the invention has been submitted for publication and, if so, whether it has been accepted for publication at the time of disclosure. In addition, after disclosure to the agencyGovernment, the Recipient recipient will promptly notify the agency Government of the acceptance of any manuscript describing the invention for publication or of any on sale or public use planned by the Recipient.recipient. ​ (2) The Recipient recipient will elect in writing whether or not to retain title to any such invention by notifying the Federal agency Government within two 2 years of disclosure to the Federal agencyGovernment. However, in any case where a patent, a printed publication, on sale or public use, sale, or other availability to the public use has initiated the one year statutory period wherein valid patent protection can still be obtained in the United States, the period for election of title may be shortened by the agency Government to a date that is no more than 60 days prior to the end of the statutory period.. ​ (3) The Recipient recipient will file its initial patent application on a subject invention to which it elects to retain title within one 1 year after election of title or, if earlier, prior to the end of any statutory period wherein ​ ​ ​ ​ ​ Distribution A. Approved for Public Release AFRL-2023-5431 [26 Oct 2023] 16 ​ valid patent protection can be obtained in the United States after a publication, on sale, or public use. If the Recipient files a provisional application as its initial patent application, it shall file a non-provisional application within 10 months of the filing of the provisional application. The Recipient recipient will file patent applications in additional countries or international patent offices within either ten 10 months of the first filed corresponding initial patent application or six 6 months from the date permission is granted by the Commissioner of Patents and Trademarks to file foreign patent applications where such filing has been prohibited by a Secrecy Order. (4) For any subject invention with Federal agency and Recipient co-inventors, where the Federal agency employing such co-inventor determines that it would be in the interest of the government, pursuant to 35 U.S.C. 207(a)(3), to file an initial patent application on the subject invention, the Federal agency employing such co-inventor, at its discretion and in consultation with the Recipient, may file such application at its own expense, provided that the Recipient retains the ability to elect title pursuant to 35 U.S.C. 202(a). (5) Requests for extension of the time for disclosure, election, and filing under paragraphs subparagraphs (1), (2), and (3) of this clause may, at the discretion of the Federal agencyGovernment, be granted. When a Recipient has requested an extension for filing a non-provisional application after filing a provisional application, a one-year extension will be granted unless the Federal agency notifies the Recipient within 60 days of receiving the request.

Invention Disclosure, Election of Title and Filing of Patent Application by Recipient. (1) a. The Recipient will disclose each subject invention to the Federal Agency Government within two 2 months after the inventor discloses it in writing to Recipient personnel responsible for patent matters. The disclosure to the agency Government shall be in the form of a written report and shall identify the agreement under which the invention was made and the inventor(s). It shall be sufficiently complete in technical detail to convey a clear understanding to the extent known at the time of the disclosure, of the nature, purpose, operation, and the physical, chemical, biological biological, or electrical characteristics of the invention. The disclosure shall also identify any publication, on sale or public use of the invention and whether a manuscript describing the invention has been submitted for publication publication, and, if so, whether it has been accepted for publication at the time of disclosure. In addition, after disclosure to the agencyGovernment, the Recipient will promptly notify the agency Government of the acceptance of any manuscript describing the invention for publication or of any on sale or public use planned by the Recipient. (2) b. The Recipient will elect in writing whether or not to retain title to any such invention by notifying the Federal agency Government within two 2 years of disclosure to the Federal agencyGovernment. However, in any case where a patent, a printed publication, on sale or public use, sale, or other availability to the public has use as initiated the one year yar statutory period wherein valid patent protection can still be obtained in the United States, the period for election of title may be shortened by the agency Government to a date that is no more than 60 days prior to the end of the statutory period. (3) c. The Recipient will file its initial patent application on a subject invention to which it elects to retain title within one 1 year after election of title or, if earlier, prior to the end of any statutory period wherein valid patent protection can be obtained in the United States after a publication, on sale, or public use. If the Recipient files a provisional application as its initial patent application, it shall file a non-provisional application within 10 months of the filing of the provisional application. The Recipient will file patent applications in additional countries or international patent offices within either ten 10 months of the first filed corresponding initial patent application or six 6 months from the date permission is granted by the Commissioner of Patents and Trademarks to file foreign patent applications where such filing has been prohibited by a Secrecy Order. (4) For any subject invention with Federal agency and Recipient co-inventors, where the Federal agency employing such co-inventor determines that it would be in the interest of the government, pursuant to 35 U.S.C. 207(a)(3), to file an initial patent application on the subject invention, the Federal agency employing such co-inventor, at its discretion and in consultation with the Recipient, may file such application at its own expense, provided that the Recipient retains the ability to elect title pursuant to 35 U.S.C. 202(a). (5) d. Requests for any extension of the time for disclosure, election, and filing under paragraphs subparagraphs (1a), (2b), and (3c) of this clause may, at the discretion of the Federal agencyGovernment, be granted. When a Recipient has requested an extension for filing a non-provisional application after filing a provisional application, a one-year extension will be granted unless the Federal agency notifies the Recipient within 60 days of receiving the request.

Invention Disclosure, Election of Title and Filing of Patent Application by Recipient. (1) The Recipient will disclose each subject invention to the Federal Agency Government within two 2 months after the inventor discloses it in writing to Recipient personnel responsible for patent matters. The disclosure to the agency Government shall be in the form of a written report and shall identify the agreement under which the invention was made and the inventor(s). It shall be sufficiently complete in technical detail to convey a clear understanding to the extent known at the time of the disclosure, of the nature, purpose, operation, and the physical, chemical, biological or electrical characteristics of the invention. The disclosure shall also identify any publication, on sale or public use of the invention and whether a manuscript describing the invention has been submitted for publication and, if so, whether it has been accepted for publication at the time of disclosure. In addition, after disclosure to the agencyGovernment, the Recipient will promptly notify the agency Government of the acceptance of any manuscript describing the invention for publication or of any on sale or public use planned by the Recipient. (2) The Recipient will elect in writing whether or not to retain title to any such invention by notifying the Federal agency Government within two 2 years of disclosure to the Federal agencyGovernment. However, in any case where a patent, a printed publication, on sale or public use, sale, or other availability to the public use has initiated the one year statutory period wherein valid patent protection can still be obtained in the United States, the period for election of title may be shortened by the agency Government to a date that is no more than 60 days prior to the end of the statutory period. (3) The Recipient will file its initial patent application on a subject invention to which it elects to retain title within one 1 year after election of title or, if earlier, prior to the end of any statutory period wherein valid patent protection can be obtained in the United States after a publication, on sale, or public use. If the Recipient files a provisional application as its initial patent application, it shall file a non-provisional application within 10 months of the filing of the provisional application. The Recipient will file patent applications in additional countries or international patent offices within either ten 10 months of the first filed corresponding initial patent application or six 6 months from the date permission is granted by the Commissioner of Patents and Trademarks to file foreign patent applications where such filing has been prohibited by a Secrecy Order. (4) For any subject invention with Federal agency and Recipient co-inventors, where the Federal agency employing such co-inventor determines that it would be in the interest of the government, pursuant to 35 U.S.C. 207(a)(3), to file an initial patent application on the subject invention, the Federal agency employing such co-inventor, at its discretion and in consultation with the Recipient, may file such application at its own expense, provided that the Recipient retains the ability to elect title pursuant to 35 U.S.C. 202(a). (5) Requests for extension of the time for disclosure, election, and filing under paragraphs subparagraphs (1), (2), and (3) of this clause may, at the discretion of the Federal agencyGovernment, be granted. When a Recipient has requested an extension for filing a non-provisional application after filing a provisional application, a one-year extension will be granted unless the Federal agency notifies the Recipient within 60 days of receiving the request.

Invention Disclosure, Election of Title and Filing of Patent Application by Recipient. ​ (1) The Recipient recipient will disclose each subject invention to the Federal Agency Government within two 2 months after the inventor discloses it in writing to Recipient recipient personnel responsible for patent matters. The disclosure to the agency Government shall be in the form of a written report and shall identify the agreement under which the invention was made and the inventor(s). It shall be sufficiently complete in technical detail to convey a clear understanding to the extent known at the time of the disclosure, of the nature, purpose, operation, and the physical, chemical, biological or electrical characteristics of the invention. The disclosure shall also identify any publication, on sale or public use of the invention and whether a manuscript describing the invention has been submitted for publication and, if so, whether it has been accepted for publication at the time of disclosure. In addition, after disclosure to the agencyGovernment, the Recipient recipient will promptly notify the agency Government of the acceptance of any manuscript describing the invention for publication or of any on sale or public use planned by the Recipient.recipient. ​ ​ ​ (2) The Recipient recipient will elect in writing whether or not to retain title to any such invention by notifying the Federal agency Government within two 2 years of disclosure to the Federal agencyGovernment. However, in any case where a patent, a printed publication, on sale or public use, sale, or other availability to the public use has initiated the one year statutory period wherein valid patent protection can still be obtained in the United States, the period for election of title may be shortened by the agency Government to a date that is no more than 60 days prior to the end of the statutory period.. ​ (3) The Recipient recipient will file its initial patent application on a subject invention to which it elects to retain title within one 1 year after election of title or, if earlier, prior to the end of any statutory period wherein valid patent protection can be obtained in the United States after a publication, on sale, or public use. If the Recipient files a provisional application as its initial patent application, it shall file a non-provisional application within 10 months of the filing of the provisional application. The Recipient recipient will file patent applications in additional countries or international patent offices within either ten 10 months of the first filed corresponding initial patent application or six 6 months from the date permission is granted by the Commissioner of Patents and Trademarks to file foreign patent applications where such filing has been prohibited by a Secrecy Order. (4) For any subject invention with Federal agency and Recipient co-inventors, where the Federal agency employing such co-inventor determines that it would be in the interest of the government, pursuant to 35 U.S.C. 207(a)(3), to file an initial patent application on the subject invention, the Federal agency employing such co-inventor, at its discretion and in consultation with the Recipient, may file such application at its own expense, provided that the Recipient retains the ability to elect title pursuant to 35 U.S.C. 202(a). (5) Requests for extension of the time for disclosure, election, and filing under paragraphs subparagraphs (1), (2), and (3) of this clause may, at the discretion of the Federal agencyGovernment, be granted. When a Recipient has requested an extension for filing a non-provisional application after filing a provisional application, a one-year extension will be granted unless the Federal agency notifies the Recipient within 60 days of receiving the request.