**144.1 PURPOSE AND SCOPE** This chapter prescribes procedures for
reporting inventions by BPA employees and contractors\' employees. It
also covers the procedure to be followed when unsolicited ideas are
received from members of the public.

**144.2 DEFINITIONS**

**A. Invention** means any new and useful art, design, machine,
manufacture, or composition of matter, or any new or useful improvement
thereof, which is or may be patentable under US laws.

**B. Employee** includes full-time, part-time, and intermittent
employees, contractors, and consultants.

**144.3 POLICY** Employee inventions must be reported promptly to the
BPA General Counsel through the Patent Coordinator. The report, which is
held confidential, is submitted before any information about the
invention is made public.

**144.4 RESPONSIBILITIES**

**A. The Transmission Business Line Manager of Project Management** is
designated as the BPA Patent Coordinator. He/She is responsible for

> 1\. Transmitting required reports on inventions to General Counsel
>
> 2\. Assisting and advising employees as to their rights and
> obligations with respect to inventions and patents
>
> 3\. Custody of BPA records and files concerning inventions

**B. Employee-inventors and their supervisors** are jointly responsible
for promptly reporting inventions to the Patent Coordinator for
submission to General Counsel, unless the invention is obviously
unpatentable.

**144.5 PROCEDURE FOR FILING REPORTS ON EMPLOYEE INVENTIONS**

**A. The employee-inventor completes Form DOE F 2000.4**, Record of
Invention, in original and four copies. If the invention is a group
product, the report is prepared by the supervisor and signed by all the
employees who contributed to the invention.

**B. The employee\'s supervisor reviews the report** and adds any
information he/she may have concerning the circumstances under which the
invention was made, his/her opinion of the potential governmental or
commercial value of the invention, and any foreign countries that may
find it useful or valuable.

**144.5 PROCEDURE FOR FILING REPORTS ON EMPLOYEE INVENTIONS
(continued)**

**C. If a determination of rights is desired,** the employee-inventor
also submits a report on Form DOE F 2050.4, Invention Rights
Questionnaire (original and four copies).

**D. The forms are forwarded to the Patent Coordinator**, who reviews
them for the Administrator and adds any information he/she may have
concerning the potential governmental or commercial value of the
invention, and his/her recommendation as to the assignment of rights.

**E. The Patent Coordinator forwards the original and two copies** of
the form to General Counsel. One copy is retained by the Patent
Coordinator, and one copy is returned to the employee. General Counsel
reviews the submission, and then forwards it to the DOE Richland Office
for further processing, including final review by the DOE Office of
General Counsel in Washington, DC.

**144.6 DETERMINATION OF RIGHTS AND OBTAINING PATENT PROTECTION**

**A. Determination by the DOE Office of General Counsel.** The DOE
Office of General Counsel determines ownership of domestic and foreign
rights in the invention, according to Federal patent regulations.

**B. Obtaining a Domestic Patent.** If the DOE Office of General Counsel
determines that the employee is not required to assign his/her domestic
rights to the Government, and the invention is being used (or is likely
to be used) by the Government, the DOE Office of General Counsel may
prosecute a patent application for the employee in exchange for a
royalty-free, nonexclusive, irrevocable license to the Government.

**C. Foreign Patents.** If the DOE Office of General Counsel does not
file for patent rights in a foreign country within 6 months after filing
for a US patent, the employee may file for a patent in that country,
subject to the same license rights to the Government as for a domestic
patent. The employee should

> 1\. Notify the DOE Office of General Counsel if he/she files any
> foreign patent applications
>
> 2\. Find out what the foreign patent requirements are before he/she
> releases information about the invention through publication or other
> medium. Generally speaking, publication of an invention before a
> domestic patent application is filed is a bar to patenting in foreign
> countries.

**144.7 APPEALS** The employee is notified of the DOE Office of General
Counsel\'s determination of rights to the invention. If the employee is
not satisfied with the determination, he/she may obtain a review by
filing an appeal to the Commissioner of Patents within 30 days after
receiving the notice. The Commissioner\'s decision on the appeal is
final.

**144.8 RECOGNITION THROUGH INCENTIVE AWARDS PROGRAM** Employees who
have contributed to efficiency, economy, or improvement in Government
operations through their inventions are entitled to recognition and
reward through the incentive awards program. However, to insure that the
inventor\'s and the Government\'s patent rights are not endangered by
premature disclosure, referral and processing through incentive awards
channels should not take place until after the DOE Office of General
Counsel has advised that a patent application has been filed.

**144.9 INVENTIONS BY CONTRACTORS\' EMPLOYEES** Under Departmental
policies, the Government generally acquires rights to inventions arising
out of research and development contracts. Contractors are required to
report inventions made in the course of their research and development
work to the responsible Contracting Officer, who notifies the Patent
Coordinator.

**144.10 UNSOLICITED IDEAS OR INVENTIONS SUBMITTED BY MEMBERS OF THE
PUBLIC** BPA welcomes the submission of constructive suggestions or
ideas from the general public; however, there is a legal problem
involved since the inventor may later claim compensation for the use of
his/her idea or invention. For this reason, ideas or inventions received
from the public will be treated as unsolicited proposals and forwarded
to Corporate Purchasing or to Acquisition Services in the Transmission
Business Line for processing in accordance with the *BPA Guide for
Preparation of Unsolicited Proposals*.

**144.11 REFERENCES**

**A. 28 U.S.C. 1498(a)**

**B. Executive Orders 10096 and 10930**

**C. President\'s Patent Policy Statement of August 23, 1971 (36 F.R.
16887)**

**D. Code of Federal Regulations, Title 37, Part 100, Patent Policy re
Government Employees**

**E. *BPA Manual* 400/451A, Incentive Awards**