Policy
Directive
Effective Date: March 19, 2025
Expiration Date: March 19, 2030
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NASA Policy Directive |
NPD 2091.1D Effective Date: March 19, 2025 Expiration Date: March 19, 2030 |
a. It is NASA's policy to administer invention rights consistent with Uniform Patent Policy for Rights in Inventions made by Government Employees, 37 Code of Federal Regulations (CFR) Part (pt.) 501, and in particular:
(1) Protect the Government's interest in, and to provide for, the widest practicable and appropriate dissemination, early utilization, expeditious commercial development, and continued availability of inventions reported to NASA that are made by Government employees.
(2) Be fair and impartial in the administration of the rights to such inventions and to afford an employee making an invention the opportunity to retain title to such invention if there is insufficient Government interest or equity for the Government to acquire title.
a. This NPD is applicable to NASA Headquarters and all NASA Centers, including Component Facilities and Technical and Service Support Centers.
b. This NPD applies to any invention made by a NASA employee or an employee of another Government agency reporting an invention to NASA.
c. In this directive, all mandatory actions (i.e., requirements) are denoted by statements containing the term "shall." The terms "may" or "can" denote discretionary privilege or permission, "should" denotes a good practice and is recommended, but not required, "will" denotes expected outcome, and "are/is" denotes descriptive material.
d. In this directive, all document citations are assumed to be the latest version unless otherwise noted.
a. The National Aeronautics and Space Act, 51 U.S.C. §§ 20102(c), 20112(a)(3), 20135(g), and 20136.
b. Employee Activities, 15 U.S.C. § 3710d.
c. Uniform Patent Policy for Rights in Inventions made by Government Employees, 37 CFR pt. 501.
d. Providing for a uniform patent policy for the Government with respect to inventions made by Government employees and for the administration of such policy, Executive Order (E. O.) 10096, dated January 23, 1950.
e. Facilitating access to Science and Technology, E. O. 12591, dated April 10, 1987.
a. Secrecy of certain inventions and withholding of patent, 35 United States Code (U.S.C.) § 181.
b. Inventions and Contributions, 14 CFR pt. 1240.
c. Principles of Ethical Conduct for Government Officers and Employees, E. O. 12674, dated April 12, 1989.
d. Agency Patent Strategy Memorandum
a. The NASA General Counsel, or designees, the Agency Counsel for Intellectual Property and the Center Patent or Intellectual Property Counsel, are responsible for the following:
(1) Making a determination of the respective rights of the Government and the employee in any reported invention and advising the employee in a timely manner of the determination.
(2) Taking all suitable and necessary steps to obtain and maintain patent protection (domestic and foreign) on any reported invention to which the Government owns a right, title, or interest upon evaluating whether to file on the reported invention by:
(a) Making an assessment of whether the reported invention is drawn to patentable subject matter and whether there otherwise exists any legal impediments to obtaining patent protection; and
(b) For those reported inventions on which a favorable assessment under paragraph 5a(2)(a) is made, providing legal counsel to the Program Executive of the Technology Transfer Office, or designee(s), and technical experts within Headquarters and at the Centers, to assist with a determination of whether patenting of the invention is the most effective way to transfer the technology of the invention for the public benefit through commercialization, in accordance with the Agency Patent Strategy Memorandum, and, based on such determination, either by:
(i) Filing a patent application and notifying the employee; or
(ii) Where the Government does not intend to file for a patent application or otherwise to promote the commercialization of such invention, notifying the employee of the determination to provide the employee the opportunity to obtain or retain title to the invention in accordance with Employee Activities, 15 U.S.C. § 3710d (subject to the reservation of certain rights by the Government), and notifying the employee to seek ethics guidance regarding any potential conflicts of interest that may arise from the employee's official duties that relate to the invention.
(3) Entering information concerning patent applications in the appropriate NASA database(s) and keeping such information updated.
(4) Ensuring that all inventors named in a patent application meet the legal requirements of inventorship.
b. The Mission Directorate Associate Administrators, the Officials-in-Charge of Headquarters Offices, the Center Directors, and the Director of the NASA Office of JPL Management and Oversight, within their areas of jurisdiction, or through their designees, are responsible for the following:
(1) Ensuring that employees making inventions submit disclosures of such inventions through the NASA Technology Transfer Program's electronic New Technology Reporting (e-NTR) system, https://invention.nasa.gov.
(2) Ensuring that the supervisor of an employee reporting an invention, or other NASA personnel having immediate technical cognizance of a reported invention, provide upon request the following:
(a) Either concurrence with, or additional comments on, any information regarding the circumstances under which the invention was made; and
(b) Upon request, an evaluation of the technical significance of the invention and, to the extent feasible, an assessment of the commercial potential of the invention and the potential of the invention to result in technology that may be infused back into NASA's missions.
c. Each employee who makes an invention [whether or not the invention was made during working hours, was made with a contribution of Government resources (facilities, equipment, materials, funds, or information, or of the time or services of other Government employees on official duty), or bears a direct relationship to, or is made as a consequence of, the official duties of the employee] is required to submit a disclosure of the invention through the NASA e-NTR system. Such employees are responsible for the following:
(1) With respect to any invention reported, the employee shall either:
(a) Agree to assign the entire right, title, and interest, both domestic and foreign, in and to the invention to the Government upon request of NASA; or
(b) If it is determined that NASA is not entitled to such assignment of the invention, provide information regarding the facts and circumstances under which the invention was made, including the contribution by the Government of its resources toward the making (conception or first actual reduction to practice) of the invention and the relationship of the invention to the employee's official or assigned duties, so that a rights determination can be made pursuant to 37 CFR pt. 501.
(2) Execute all documents necessary for NASA to file and prosecute patent applications and to obtain and maintain patents on any inventions for which the Government obtains or has the right to obtain assignments of title and for which NASA decides to protect by patenting in any country.
(3) Assist, as requested, in the prosecution of the patent applications and in making available records relating to the conception or reduction to practice of the invention, if needed to establish inventorship or priority of invention.
(4) Take all reasonable steps to prevent creating a bar to the patentability of an invention, including consulting with the Agency Counsel for Intellectual Property or the Center Patent or Intellectual Property Counsel, prior to publishing or otherwise disclosing any details of the invention or publicly using the invention. Inventors will also comply with the terms of any secrecy order issued by the United States Patent and Trademark Office in conjunction with patent applications in which they are named by refraining from publication or disclosure of the subject matter, thereof, without specific authorization of NASA.
(5) Assist, upon availability, the NASA Technology Transfer Program by providing technical support related to licensing of the invention.
d. Subject to availability of funds, NASA employees may be nominated to receive awards for their inventions in accordance with 14 CFR pt.1240.
None.
Measures of success will be as metrics reported from NASA's Technology Transfer System.
NPD 2091.1C, Inventions Made By Government Employees, dated May 24, 2018.
The term "invention" means any new or useful process, 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 or of any foreign country. This definition includes software-based technologies, whether they consist of newly created software, or improvements to existing software that provide new functionality.
CFR - Code of Federal Regulations
e-NTR - Electronic-NASA Technology Reporting
E. O. - Executive Order
pt. - Part
U.S.C. - United States Code
None.
This document does not bind the public, except as authorized by law or as incorporated into a contract. This document is uncontrolled when printed. Check the NASA Online Directives Information System (NODIS) Library to verify that this is the correct version before use: https://nodis3.gsfc.nasa.gov.