US Code

Public Law 119-73 (01/23/2026)

35 U.S.C. § 210

Precedence of chapter

(a)
This chapter shall take precedence over any other Act which would require a disposition of rights in subject inventions of small business firms or nonprofit organizations contractors in a manner that is inconsistent with this chapter, including but not necessarily limited to the following:
(1)
section 10(a) of the Act of June 29, 19357 U.S.C. 427i(a)60 Stat. 10851
1 See References in Text note below.
, as added by title I of the Act of (; ); 
(2)
section 205(a) of the Act of August 14, 19467 U.S.C. 1624(a)60 Stat. 1090 (; );
(3)
30 U.S.C. 951(c)83 Stat. 742 section 501(c) of the Federal Mine Safety and Health Act of 1977 (; );
(4)
1 section 30168(e)  of title 49;
(5)
42 U.S.C. 1871(a)182 Stat. 360 section 12 of the National Science Foundation Act of 1950 (;  );
(6)
42 U.S.C. 218268 Stat. 943 section 152 of the Atomic Energy Act of 1954 (; );
(7)
section 20135 of title 51 ;
(8)
30 U.S.C. 66674 Stat. 337 section 6 of the Coal Research and Development Act of 1960 (; );
(9)
50 U.S.C. 167b74 Stat. 920 section 4 of the Helium Act Amendments of 1960 (; );
(10)
22 U.S.C. 257275 Stat. 634 section 32 of the Arms Control and Disarmament Act of 1961 (; );
(11)
42 U.S.C. 590888 Stat. 1878 section 9 of the Federal Nonnuclear Energy Research and Development Act of 1974 (; );
(12)
15 U.S.C. 2054(d)86 Stat. 1211 section 5(d) of the Consumer Product Safety Act (; );
(13)
section 3 of the Act of April 5, 194430 U.S.C. 32358 Stat. 1911 (; ); 
(14)
42 U.S.C. 6981(c)90 Stat. 2829 section 8001(c)(3) of the Solid Waste Disposal Act (; );
(15)
22 U.S.C. 217983 Stat. 806 section 219 of the Foreign Assistance Act of 1961 (; );
(16)
30 U.S.C. 937(b)86 Stat. 155 section 427(b) of the Federal Mine Health and Safety Act of 1977 (; );
(17)
30 U.S.C. 1226(d)91 Stat. 4551 section 306(d) of the Surface Mining and Reclamation Act of 1977 (; ); 
(18)
15 U.S.C. 2218(d)88 Stat. 1548 section 21(d) of the Federal Fire Prevention and Control Act of 1974 (; );
(19)
42 U.S.C. 5585(b)92 Stat. 25161 section 6(b) of the Solar Photovoltaic Energy Research Development and Demonstration Act of 1978 (; ); 
(20)
7 U.S.C. 178j92 Stat. 2533 section 12 of the Native Latex Commercialization and Economic Development Act of 1978 (; ); and
(21)
42 U.S.C. 787992 Stat. 1360 section 408 of the Water Resources and Development Act of 1978 (; ).
The Act creating this chapter shall be construed to take precedence over any future Act unless that Act specifically cites this Act and provides that it shall take precedence over this Act.
(b)
Nothing in this chapter is intended to alter the effect of the laws cited in paragraph (a) of this section or any other laws with respect to the disposition of rights in inventions made in the performance of funding agreements with persons other than nonprofit organizations or small business firms.
(c)
Nothing in this chapter is intended to limit the authority of agencies to agree to the disposition of rights in inventions made in the performance of work under funding agreements with persons other than nonprofit organizations or small business firms in accordance with the Statement of Government Patent Policy issued on , agency regulations, or other applicable regulations or to otherwise limit the authority of agencies to allow such persons to retain ownership of inventions except that all funding agreements, including those with other than small business firms and nonprofit organizations, shall include the requirements established in section 202(c)(4) and section 203. Any disposition of rights in inventions made in accordance with the Statement or implementing regulations, including any disposition occurring before enactment of this section, are hereby authorized.
(d)
Nothing in this chapter shall be construed to require the disclosure of intelligence sources or methods or to otherwise affect the authority granted to the Director of Central Intelligence by statute or Executive order for the protection of intelligence sources or methods.
(e)
The provisions of the Stevenson-Wydler Technology Innovation Act of 1980 shall take precedence over the provisions of this chapter to the extent that they permit or require a disposition of rights in subject inventions which is inconsistent with this chapter.

Pub. L. 96–517, § 6(a)94 Stat. 3026Pub. L. 98–620, title V, § 501(13)98 Stat. 3367Pub. L. 99–502, § 9(c)100 Stat. 1796Pub. L. 103–272, § 5(j)108 Stat. 1375Pub. L. 104–113, § 7110 Stat. 779Pub. L. 105–393, title II, § 220(c)(2)112 Stat. 3625Pub. L. 107–273, div. C, title III, § 13206(a)(16)116 Stat. 1905Pub. L. 109–58, title X, § 1009(a)(2)119 Stat. 934Pub. L. 111–314, § 4(c)124 Stat. 3440Pub. L. 112–29, § 20(j)125 Stat. 335(Added , , ; amended , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , .)

Editorial Notes

References in Text

Pub. L. 96–51794 Stat. 3015section 1113 of Title 15section 2457 of Title 42The Act and this Act, referred to in subsec. (a), is , , , which enacted sections 200 to 211 and 301 to 307 of this title, amended sections 41, 42, and 154 of this title, , Commerce and Trade, sections 101 and 117 of Title 17, Copyrights, and sections 2186 and 5908 and former , The Public Health and Welfare, and enacted provisions set out as notes under sections 13 and 41 of this title. For complete classification of this Act to the Code, see Tables.

Section 10 of the Act of June 29, 1935act June 29, 1935, ch. 338, title IAug. 14, 1946, ch. 96660 Stat. 1085section 427i of Title 7section 3105 of Title 7, referred to in subsec. (a)(1), is section 10 of , as added , title I, § 101(2), , which was formerly classified to , Agriculture, prior to editorial reclassification as .

Section 30168 of title 49Pub. L. 112–141, div. C, title I, § 31204(b)(2)(B)126 Stat. 760, referred to in subsec. (a)(4), was repealed by , , .

42 U.S.C. 1871(a)82 Stat. 360Pub. L. 99–159, title I, § 109(c)99 Stat. 889Section 12 of the National Science Foundation Act of 1950 (; ), referred to in subsec. (a)(5), was amended by , , , by striking out subsec. (b) and designating subsec. (a) as the entire section.

Section 3 of the Act of April 5, 194430 U.S.C. 32358 Stat. 191 (; ), referred to in subsec. (a)(13), was omitted from the Code.

section 1226(d) of Title 30Pub. L. 98–409section 1226 of Title 30section 1226(c) of Title 30Section 306(d) of the Surface Mining and Reclamation Act, referred to in subsec. (a)(17), was classified to , Mineral Lands and Mining, prior to enactment of , which enacted a new . See .

42 U.S.C. 5585(b)92 Stat. 2516Pub. L. 116–260, div. Z, title III, § 3006(f)134 Stat. 2513Section 6(b) of the Solar Photovoltaic Energy Research Development and Demonstration Act of 1978 (; ), referred to in subsec. (a)(19), was repealed by , , .

Pub. L. 95–59292 Stat. 2529Pub. L. 98–28498 Stat. 181section 178 of Title 7The Native Latex Commercialization and Economic Development Act of 1978, referred to in subsec. (a)(20), is , , , which, as amended by , , , is known as the Critical Agricultural Materials Act and is classified principally to subchapter II (§ 178 et seq.) of chapter 8A of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

42 U.S.C. 787992 Stat. 1360Pub. L. 98–242, title I, § 110(a)98 Stat. 101section 10308 of Title 42Section 408 of the Water Resources and Development Act of 1978 (; ), referred to in subsec. (a)(21), was repealed by , , . See , The Public Health and Welfare.

Pub. L. 96–48094 Stat. 2311section 3701 of Title 15The Stevenson-Wydler Technology Innovation Act of 1980, referred to in subsec. (e), is , , , which is classified generally to chapter 63 (§ 3701 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Amendments

Pub. L. 112–292011—Subsec. (c). struck out “of this title” after “203”.

Pub. L. 111–314section 20135 of title 5142 U.S.C. 24572010—Subsec. (a)(7). substituted “” for “section 305 of the National Aeronautics and Space Act of 1958 ()”.

Pub. L. 109–582005—Subsec. (a)(8). substituted “Coal Research and Development Act of 1960” for “Coal Research Development Act of 1960”.

Pub. L. 107–273, § 13206(a)(16)(A)(i)2002—Subsec. (a)(11). , substituted “5908” for “5901”.

Pub. L. 107–273, § 13206(a)(16)(A)(ii)Subsec. (a)(20). , substituted “178j” for “178(j)”.

Pub. L. 107–273, § 13206(a)(16)(B)Subsec. (c). , substituted “section 202(c)(4)” for “paragraph 202(c)(4)” and struck out second period after “title”.

Pub. L. 105–39379 Stat. 51998—Subsec. (a)(11) to (22). redesignated pars. (12) to (22) as (11) to (21), respectively, and struck out former par. (11) which read as follows: “subsection (e) of section 302 of the Appalachian Regional Development Act of 1965 (40 U.S.C. App. 302(e); );”.

Pub. L. 104–1131996—Subsec. (e). struck out “, as amended by the Federal Technology Transfer Act of 1986,” after “1980”.

Pub. L. 103–272section 30168(e) of title 4915 U.S.C. 1395(c)80 Stat. 7211994—Subsec. (a)(4). substituted “” for “section 106(c) of the National Traffic and Motor Vehicle Safety Act of 1966 (; )”.

Pub. L. 99–5021986—Subsec. (e). added subsec. (e).

Pub. L. 98–620section 203 of this title1984—Subsec. (c). substituted “” for “ (36 Fed. Reg. 16887)” and inserted provision that all funding agreements, including those with other than small business firms and nonprofit organizations, shall include the requirements established in paragraph 202(c)(4) and .

Statutory Notes and Related Subsidiaries

Change of Name

Pub. L. 108–458section 3001 of Title 50Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of , set out as a note under , War and National Defense.

Effective Date of 2011 Amendment

Pub. L. 112–29lPub. L. 112–29section 2 of this titleAmendment by effective upon the expiration of the 1-year period beginning on , and applicable to proceedings commenced on or after that effective date, see section 20() of , set out as a note under .

Effective Date

section 8(f) of Pub. L. 96–517section 41 of this titleSection effective , but implementing regulations authorized to be issued earlier, see , set out as an Effective Date of 1980 Amendment note under .