---
kind: "section"
citation: "15 U.S.C. § 3710d"
title: "15"
title_heading: "Commerce and Trade"
number: "3710d"
heading: "Employee activities"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/15/3710d"
units:
  - "Chapter 63 — Technology Innovation"
---

# §3710d. Employee activities

- (a) **In general—** If a [Federal agency](/usc/15/3703.md?p=6) which has ownership of or the right of ownership to an [invention](/usc/15/3703.md?p=7) made by a Federal employee does not intend to file for a patent application or otherwise to promote commercialization of such [invention](/usc/15/3703.md?p=7), the agency shall allow the inventor, if the inventor is a Government employee or former employee who made the [invention](/usc/15/3703.md?p=7) during the course of employment with the Government, to obtain or retain title to the [invention](/usc/15/3703.md?p=7) (subject to reservation by the Government of a nonexclusive, nontransferrable, irrevocable, paid-up license to practice the [invention](/usc/15/3703.md?p=7) or have the [invention](/usc/15/3703.md?p=7) practiced throughout the world by or on behalf of the Government). In addition, the agency may condition the inventor’s right to title on the timely filing of a patent application in cases when the Government determines that it has or may have a need to practice the [invention](/usc/15/3703.md?p=7).
- (b) **“Special Government employees” defined—** For purposes of this section, Federal employees include “special Government employees” as defined in [section 202 of title 18](/usc/18/202.md).
- (c) **Relationship to other laws—** Nothing in this section is intended to limit or diminish existing authorities of any agency.

## Source credit

(Pub. L. 96–480, § 15, as added and renumbered § 14, Pub. L. 99–502, §§ 8, 9(e)(1), Oct. 20, 1986, 100 Stat. 1794, 1797; renumbered § 15, Pub. L. 100–418, title V, § 5122(a)(1), Aug. 23, 1988, 102 Stat. 1438; amended Pub. L. 104–113, § 6, Mar. 7, 1996, 110 Stat. 779.)

## Notes

### Editorial Notes

### Amendments

1996—Subsec. (a). Pub. L. 104–113 substituted “ownership of or the right of ownership to an invention made by a Federal employee” for “the right of ownership to an invention under this chapter” and inserted “obtain or” before “retain title to the invention”.