Other statutory tools

Authority holder

Federal agency authorizing laboratory directors; military-department Secretaries and Secretary of Defense/DARPA may permit FFRDC directors

Eligibility gate

• Specified joint R&D consistent with laboratory mission; agency approval/joint-work-statement rules for contractor-operated labs.
• Small-business consideration, U.S.-manufacturing preference and foreign reciprocity factors.

Funding condition

• Partner funds may be accepted, retained and used for collaboration; lab supplies authorized in-kind resources.

All recorded limits

• CRADA expressly does not permit providing federal funds to nonfederal collaborator. Use a separately justified grant, contract or OT if paying the partner.
• Government retained licenses, confidentiality, conflict-of-interest and exceptional license-intervention provisions apply.

Authority holder

Agency-approved federal laboratory director; FFRDC contracting officer where specified; authorized STRL Center director

Eligibility gate

• Intermediary must meet statutory state/local government or associated nonprofit definition.
• Services increase likelihood of successful cooperative/joint activity; Center statute also supports inward technology transfer and critical workforce development.

Funding condition

• Technology-transfer support funds under 15 U.S.C. §3715; relevant Center support funds and instrument controls.

All recorded limits

• Not every private accelerator/consultant qualifies.
• An intermediary agreement does not give it unlimited subaward or contracting powers.

Authority holder

Federal agency holding invention rights; authorized agency/laboratory licensing officials

Eligibility gate

• Exclusive scope must be reasonably necessary for commercialization, support public interest and avoid anticompetitive effects.
• Development/marketing plan; ordinarily substantial U.S. manufacturing; small-business preference if equally capable.

Funding condition

• License royalties/consideration per agreement; retention/distribution requires separate applicable authority such as 15 U.S.C. §3710c.

All recorded limits

• Government retains paid-up license and termination protections.
• Exclusive/partially exclusive license ordinarily requires 15-day public notice; CRADA invention exception applies.

Authority holder

Military-department authorities spending eligible supply-procurement funds

Eligibility gate

• Acquisition relates to supplies/processes produced, used or useful to the military department.
• Negotiate precise data, patent, copyright and software rights needed.

Funding condition

• Appropriations available for making or procuring supplies may be used.

All recorded limits

• Buying an item does not automatically buy its IP, source code or manufacturing data.
• Release of past claims is distinct from unrestricted future commercial exploitation.

Authority holder

Funding federal agency, with specified agency-head decisions

Eligibility gate

• Subject invention and applicable funding agreement; disclosure/title-election/patent conditions.
• March-in requires failure of practical application, unmet health/safety or regulatory public-use need, or U.S. manufacturing-agreement violation.

Funding condition

• Government license follows covered research funding; exercising it still requires money for procurement/use.

All recorded limits

• Not general power to seize all privately developed patents, cap market prices, or obtain proprietary manufacturing know-how.
• March-in includes administrative process and judicial review; some determinations stayed through appeal.

Authority holder

United States acting through authorized program/contracting officials; Court of Federal Claims adjudicates compensation

Eligibility gate

• Government use/manufacture or authorized/consented contractor use.
• Analyze patent, location and remedy prerequisites with IP counsel.

Funding condition

• Plan for compensation exposure; funding and any settlement/judgment payment route require fiscal review.

All recorded limits

• Not confiscation of patent ownership or general permission for private-market sales.
• Does not compel access to trade secrets/technical data; claims arising in foreign countries excluded.
• Compensation is required; copyright has separate §1498(b) conditions.

Authority holder

Secretary of Defense; program manager and authorized contracting officer for contractual rights/challenges

Eligibility gate

• Assess development funding, data category, contract deliverables and actual rights.
• FY26 §805 requires distinguishing missing contract-required data from additional desired data and negotiating options/licenses/escrow for the latter.

Funding condition

• Purchase/license additional rights where necessary; funding does not automatically erase private rights.

All recorded limits

• Private-expense data generally protected; statutory exceptions and negotiated rights are not ownership of all contractor IP.
• Data-rights license and actual delivery/access are separate requirements; follow restriction-challenge procedures.

Authority holder

Agency or laboratory head and designated distribution officials

Eligibility gate

• Receipts must arise from covered invention licensing/assignment; required inventor distribution and permitted-use rules.

Funding condition

• Balance generally available in receipt year and two succeeding fiscal years; statutory inventor share and distribution rules precede reinvestment.

All recorded limits

• Not unrestricted profit retention: residual amounts, excess-receipt shares and expired balances go to Treasury.
• Individual annual reward ceiling and Presidential exception apply.