Agriculture, be filed in respect of any variety of plant invented by any employee of that Department. (b) Under arrangements made and policies adopted by the Chairman, all inventions or rights therein, including licenses, owned or controlled by the United States or any Government agency shall be indexed, and copies, summaries, analyses, and abstracts thereof shall be maintained and made available to all Government agencies and to public libraries, universities, trade associations, scientists and scientific groups, industrial and commercial organizations, and all other interested groups of persons. 3. (a) A Government Patents Board is established consisting of a Chairman of the Government Patents Board, who shall be appointed by the President, and of one representative from each of the following: Department of Agriculture. Department of Commerce. Department of the Interior. Department of Justice. Department of State. Department of Defense. Civil Service Commission. Federal Security Agency. National Advisory Committee for Aeronautics. Each such representative, together with an alternate, shall be designated by the head of the agency concerned. (b) The Government Patents Board shall advise and confer with the Chairman concerning the operation of those aspects of the Government's patent policy which are affected by the provisions of this order or of Executive Order No. 9865, and suggest modifications or improvements where necessary. (c) Consonant with law, the agencies referred to in paragraph 3(a) hereof shall as may be necessary for the purpose of effectuating this order furnish assistance to the Board in accordance with section 214 of the Independent Offices Appropriation Act, 1946, (59 Stat. 134; 31 U.S.C. 691). The Department of Commerce shall provide necessary office accommodations and facilities for the use of the Board and the Chairman. (d) The Chairman shall establish such committees and other working groups as may be required to advise or assist him in the performance of any of his functions. (e) The Chairman of the Government Patents Board and the Chairman of the Interdepartmental Committee on Scientific Research and Development (provided for by Executive Order No. 9912 of December 24, 1947) shall establish and maintain such mutual consultation as will effect the proper coordination of affairs of common concern. 4. With a view to obtaining uniform application of the policies set out in this order and uniform operations thereunder, the Chairman is authorized and directed: (a) To consult and advise with Government agencies concerning the application and operation of the policies outlined herein; (b) After consultation with the Government Patents Board, to formulate and submit to the President for approval such proposed rules and regulations as may be necessary or desirable to implement and effectuate the aforesaid policies, together with the recommendations of the Government Patents Board thereon; (c) To submit annually a report to the President concerning the operation of such policies, and from time to time such recommendations for modification therof as may be deemed desirable; (d) To determine with finality any controversies or disputes between any Government agency and its employees, to the extent submitted by any party to the dispute, concerning the ownership of inventions made by such employees or rights therein; and (e) To perform such other or further functions or duties as may from time to time be prescribed by the President or by statute. 5. The functions and duties of the Secretary of Commerce and the Department of Commerce under the provisions of Executive Order No. 9865 of June 14, 1974, are hereby transferred to the Chairman and the whole or any part of such functions and duties may be delegated by him to any Government agency or officer: Provided, That said Executive Order No. 9865 shall not be deemed to be amended or affected by any provision of this Executive Order other than this paragraph 5. 6. Each Government agency shall take all steps appropriate to effecuate this order, including the promulgation of necessary regulations which shall not be inconsistent with this order or with regulations issued pursuant to paragraph 4(b) hereof. 7. As used in this Executive order, the next stated terms, in singular and plural, are defined as follows for the purposes hereof: (a) "Government agency" includes any executive department and any independent commission, board, office, agency, authority, or other establishment of the Executive Branch of the Government of the United States (including any such independent regulatory commission or board, any such wholly owned corporation, and the Smithsonian Institution), but excludes the Atomic Energy Commission. (b) "Government employee" includes any officer or employee, civilian or military, of any Government agency, except such part-time consultants or employees as may be excluded by regulations promulgated pursuant to paragraph 4(b) hereof. (c) "Invention" includes any art, machine, manufacture, design, or composition of matter, or any new and useful improvement thereof, or any variety of plant, which is or may be patentable under the patent laws of the United States. THE WHITE HOUSE, January 23, 1950. HARRY S. TRUMAN. EXECUTIVE ORDER 10930 [Code of Federal Regulations, Title 3-The President, 1959-1963. Compilation, p. 456.] ABOLISHING THE GOVERNMENT PATENTS BOARD AND PROVIDING FOR THE PERFORMANCE OF ITS FUNCTIONS By virture of the authority vested in me as President of the United States, it is ordered as follows: SECTION 1. The Government Patents Board, established by section 3(a) of Executive Order No. 10096 of January 23, 1950, and all positions established thereunder or pusuant thereto are hereby abolished. SEC. 2. All functions of the Government Patents Board and of the Chairman thereof under the said Executive Order No. 10096, except the functions of conference and consultation between the Board and the Chairman, are hereby transferred to the Secretary of Commerce, who may provide for the performance of such transferred functions by such officer, employee, or agency of the Department of Commerce as he may designate. SEC. 3. The Secretary of Commerce shall make such provision as may be necessary and consonant with law for the disposition or transfer of property, personnel, records, and funds of the Government Patents Board. SEC. 4. Except to the extent that they may be inconsistent with this order, all determinations, regulations, rules, rulings, orders, and other actions made or issued by the Government Patents Board, or by any Government agency with respect to any function transferred by this order, shall continue in full force and effect until amended, modified, or revoked by appropriate authority. SEC. 5. Subsections (a) and (c) of section 3 of Executive Order No. 10096 are hereby revoked, and all other provisions of that order are hereby amended to the extent that they are inconsistent with the provisions of this order. THE WHITE HOUSE, March 24, 1961. JOHN F. KENNEDY. SECTION III-STATUTORY PATENT PROVISIONS OF INDIVIDUAL DEPARTMENTS AND AGENCIES Rights to inventions arising from Government-sponsored R. & D. are determined by statute and/or under contract provisions pursuant to the August 1971 Presidential Memorandum and Statement of Government Patent Policy, implemented by Amendment 147 to the Federal Procurement Regulations published in the Federal Register, Vol. 40, No. 89, May 7, 1975, and the Armed Services Procurement Regulations. As noted in the introduction to Section I, there are agencies and departments that have patenting provisions within their enabling legislation or within legislation authorizing individual programs. The policies range widely from very permissive authority for the agency administrator to quite restrictive requirements leaving little discretion concerning the grant to which ownership of such patents rests with the government or the contractor. The following section is a compliation of the legislative provisions found in various agency statutes. An effort has been made to be as comprehensive as possible in order to demonstrate the wide variance in the mandates to agencies and departments as well as the wide variance in subjects covered in legislation affecting different agenciesfrom single paragraphs in the basic enabling legislation to requirements covering several aspects of the agency's activities. The list of statutory provisions include those known to have been issued prior to December 31, 1975. From the many agencies and departments that could be noted for reference, only those with R. & D. expenditures which require concern with government patent policies have been included. National Aeronautics and Space Administration Statutory authority: National Aeronautics and Space Act of 1958, as amended, Public Law 85-568, 72 Stat. 435, 42 U.S.C. 2457. 42 U.S.C. 2457(a)–(i) § 2457. Property rights in inventions. (a) Exclusive property of United States; issuance of patent Whenever any invention is made in the performance of any work under any contract of the Administration, and the Administrator determines that- (1) the person who made the invention was employed or assigned to perform research, development, or exploration work and the invention is related to the work he was employed or assigned to perform, or that it was within the scope of his employment duties, whether or not it was made during working hours, or with a |