United States Department of Agriculture

Animal and Plant Health Inspection Service

Wildlife Services Directive 

WS 4.415

4/1/2022

INVENTIONS, PATENTS AND PATENT ROYALTY DISTRIBUTION

1. PURPOSE

To establish guidance on the process for patenting, licensing, and distribution of royalty 

payments received on licensed Wildlife Services’ (WS) technologies. This Directive 

promotes the development and transfer of WS technologies to public sector entities and 

outlines legal incentives to WS personnel who participate in the technology transfer 

process.

2. REPLACEMENT HIGHLIGHTS

This Directive replaces WS Directive 4.415, Inventions and Patents, dated, October 7, 

2005. 

3. AUTHORITY

a. 7 U.S.C. 8351 to 8353, and 16 U.S.C. 667, authorizes officers, agents, and employees 

of the United States Department of Agriculture (USDA), Animal and Plant Health 

Inspection Service (APHIS), Wildlife Services (WS) to conduct a program of wildlife 

services and to enter into agreements with states, local jurisdictions, individuals, and 

public and private agencies, organizations, and institutions for the purpose of 

conducting such services. 

b. 15 U.S.C. 3710 c, establishes standard policy for the distribution of royalties or other 

payments received by a Federal agency from the licensing and assignment of 

inventions under agreements entered into by Federal laboratories and from the 

licensing of inventions of Federal laboratories under 35 U.S.C. 207 & 37 CFR 404 or 

under any other provision of law. 

4. POLICY

a. Reporting Inventions 

WS personnel must, through their supervisor, contact the National Wildlife 

Research Center’s (NWRC) Technology Transfer Coordinator (TTC) regarding 

procedures for reviewing and processing work-related inventions, patent 

applications, and licensing the rights to produce and sell WS technology. 
Wildlife Services Directive 4.415 2 

b. Patent Royalty Management and Distribution

(1.) Royalty income generated under WS patent licenses will be received, monitored, 

and distributed by the APHIS Agreements Services Center (ASC), Financial 

Management Division (FMD). ASC FMD will distribute royalties to inventor(s) 

and provide the remaining royalty payments as described below. 

(2.) Each fiscal year, all royalty income received from a WS licensing agreement for 

an invention with a Government ownership interest will be distributed to the WS 

inventor(s) and laboratory/WS State Program from which the invention(s) 

originated according to the sections 4. c. and 4. d. of this Directive. 

c. Royalty Distribution to WS Inventors 

Each year in accordance with 15 U.S.C. 3710 c, WS will pay the first $2,000, and 

thereafter in accordance with APHIS policy thirty-five percent (35%) of the 

royalties to the WS inventors if the inventor’s patent rights are assigned to the 

United States Government. This payment will be distributed evenly among WS 

inventors. Payments made under this section will not exceed $150,000 per year to 

any one inventor, unless the Congress approves a larger award.

d. Royalty Distribution within WS 

(1.) Annual royalty income that remains after distribution to the inventors (see 

Section 4. c.) in accordance with 15 U.S.C 3710 c, will be provided to the NWRC 

Director for distribution in a manner that promotes development of intellectual 

property and product development collaborations aimed at resolving humanwildlife conflicts. The NWRC Director may delegate the authority to distribute 

royalty income to the TTC. 

(2.) In instances where the invention originated from non-research WS programs, the 

NWRC Director or TTC can provide funds to the WS State Office or national 

program leaders for use as defined in Section 4. d. (3.).

(3.) The royalty income received and transferred to the NWRC or the WS program 

must be used or obligated within two (2) years of receipt. These funds may be 

used to: 

(a.) Provide support to WS personnel for travel devoted to seeking and 

developing new product development partnerships. 

(b.) Provide support for TTC activities specifically related to technology transfer 

functions. 

(c.) Provide support to further scientific research and development consistent 

with WS’ mission and objectives. 

(d.) Provide technology transfer education and training opportunities to personnel 

consistent with the WS mission and objectives. 

(e.) Reward WS scientific, engineering, and technical personnel regardless of 

whether the technology has commercial applications. 

(f.) Provide appropriate incentives to WS personnel who are not inventors but 

who substantially increased the technical value of inventions. 
Wildlife Services Directive 4.415 3 

(g.) Funds remaining after allocations presented above, will be used to pay WS’ 

share of the APHIS Interagency Agreement with the U.S. Forest Service for 

technology transfer support services. 

5. DEFINITIONS

a. Assignment: A transfer by a party of all or part of its right, title, and interest in a 

patent to their employer. A government inventor must assign their rights to a patent 

for a technology that they develop during their performance of duties to the United 

States, as represented by the Secretary of Agriculture. This does not mean that the 

inventor loses their rights to be an inventor. 

b. Government Ownership: The U.S. Government rights to an invention that was made 

by an employee during performance of their duties. 

c. Invention: A novel method, process, or device.

d. Inventor: A person who provided significant intellectual contributions to the 

development of a novel process or device. 

e. Patent: A government authority or license conferring a right or title for a set period, 

especially the sole right to exclude others from making, using, or selling an invention. 

f. Patent License: A patent license agreement is a contract between a patent owner 

(licensor) and a licensee that defines the terms under which the licensee may make, 

sell, and use a patented invention. The agreement also defines how royalties will be 

paid to the patent owner. 

g. Royalty Income: Royalty income includes any money, including running royalties, 

alternate or periodic minimum royalties, milestone payments, and licensing or 

assignment fees. Royalty income does not include reimbursements for the payments of 

patent prosecution costs or patent maintenance fees.

h. Royalty Distribution: The process by which royalty income is distributed to inventors 

and assignees. In the case of WS, this includes inventors, the NWRC and WS 

operations, state, or national program offices. 

i. Technology Transfer: The process by which existing knowledge, facilities, or 

capabilities developed under federal Research & Development funding are utilized to 

fulfill public and private needs. 

6. SCOPE

This Directive is applicable to all WS personnel. 
Wildlife Services Directive 4.415 4 

7. REFERENCES

a. Bayh-Dole Act, 1980 

b. Federal Technology Transfer Act, 1986 

c. National Technology Transfer and Advancement Act of 1995 (Public Law 104-113) 

d. Stevenson-Wydler Technology Innovation Act of 1980, as amended 

e. Technology Transfer Commercialization Act, 2000 

f. USDA Departmental Regulation 4040-451-430, Employee Performance and Awards 

Janet L. Bucknall 

WS Deputy Administrator