Skip to main content    

An official website of the United States government

Here’s how you know

**Official websites use .gov**              A **.gov** website belongs to an official government organization in the United States.            

**Secure .gov websites use HTTPS**              A **lock** (  LockA locked padlock) or **https://** means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.            

https://www.nist.gov/iedison/iedison-organization-user-guide/invention-reports/submitting-domestic-manufacturing-waiver

            -  Topics  -  All Topics 
-  Advanced communications 
-  Artificial intelligence 
-  Bioscience 
-  Buildings and construction 
-  Chemistry 
-  Climate 
-  Cybersecurity 
-  Electronics 
-  Energy 
-  Environment 
-  Fire 
-  Forensic science 
-  Health 
-  Information technology 
-  Infrastructure 
-  Manufacturing 
-  Materials 
-  Mathematics and statistics 
-  Metrology 
-  Nanotechnology 
-  Neutron research 
-  Performance excellence 
-  Physics 
-  Public safety 
-  Resilience 
-  Standards 
-  Transportation 
 
            -  Publications 
            -  Labs & Major Programs  -  Laboratories    -  Communications Technology Laboratory 
  -  Engineering Laboratory 
  -  Information Technology Laboratory 
  -  Material Measurement Laboratory 
  -  Physical Measurement Laboratory 
-  User Facilities    -  NIST Center for Neutron Research 
  -  CNST NanoFab 
-  Research Test Beds 
-  Research Projects 
-  Tools & Instruments 
-  Major Programs    -  Baldrige Performance Excellence Program 
  -  CHIPS for America Initiative 
  -  Manufacturing Extension Partnership (MEP) 
  -  Office of Advanced Manufacturing 
  -  Special Programs Office 
  -  Technology Partnerships Office 
 
            -  Services & Resources  -  Standards and Measurements    -  Calibration Services 
  -  Laboratory Accreditation (NVLAP) 
  -  Quality System 
  -  Standard Reference Materials (SRMs) 
  -  Standards.gov 
  -  Time Services 
  -  Office of Weights and Measures 
-  Software 
-  Data    -  Chemistry WebBook 
  -  National Vulnerability Database 
  -  Physical Reference Data 
  -  Standard Reference Data (SRD) 
-  Storefront 
-  License & Patents 
-  Computer Security Resource Center (CSRC) 
-  NIST Research Library 
 
            -  News & Events  -  News 
-  Events 
-  Blogs 
-  Feature Stories 
-  Awards 
-  Video Gallery 
-  Image Gallery 
-  Media Contacts 
 
            -  About NIST  -  About Us    -  Leadership 
  -  Organization Structure 
  -  Budget & Planning 
-  Contact Us 
-  Visit 
-  Careers    -  Student programs 
-  Work with NIST 
-  History    -  NIST Digital Archives 
  -  NIST Museum 
  -  NIST and the Nobel 
-  Educational Resources 
 

-  iEdison Organization User Guide  Expand or Collapse    -  Getting Started  Expand or Collapse      -  Creating a Login.gov Account 
    -  Registering Your Organization with iEdison 
    -  Creating Individual Accounts (under Organization) 
    -  Logging in to Your Account 
    -  Editing or Customizing Your Profile and Preferences 
    -  Editing or Customizing Your Organization Profile 
    -  Your Dashboard Explained 
    -  Your Sidebar Explained 
    -  iEdison Field Definitions 
  -  Invention Reports  Expand or Collapse      -  Creating an Invention Report 
    -  Viewing or Modifying Invention Reports 
    -  Giving View Access to Reports (Joint Inventions) 
    -  Linking Parent-Child Inventions 
    -  Making a Title Election Decision 
    -  Submitting a Title Election Extension Request 
    -  Submitting an Initial Patent Application Extension Request 
    -  Submitting a Non-Provisional Patent Application Request 
    -  Submitting an Invention Void Request 
    -  Submitting an Invention Assignment Request 
    -  Receiving an Invention Assignment Request 
    -  Submitting an Invention Transfer Request 
    -  Receiving an Invention Transfer Request 
    -  Submitting a Domestic Manufacturing Waiver Request 
  -  Patent Reports  Expand or Collapse      -  Creating a Patent Report 
    -  Viewing or Modifying Patent Reports 
    -  Moving a Patent to Another Invention within Your Organization 
    -  Linking Parent-Child Patents 
    -  Uploading a Government Support Clause Document 
    -  The Government Support Clause Template 
    -  Generating and Uploading a Confirmatory License 
    -  Abandoning a Patent 
    -  Submitting a Patent Void Request 
    -  Submitting a Patent Assignment Request 
    -  Receiving a Patent Assignment Request 
    -  Submitting a Patent Transfer Request 
    -  Receiving a Patent Transfer Request 
  -  Utilization Reports  Expand or Collapse      -  Creating a Utilization Report 
    -  Viewing or Modifying Utilization Reports 
  -  Generating Reports from iEdison Data  Expand or Collapse      -  Generating a Standard Report 
    -  Building a Custom iEdison Report 
    -  Retrieving a Saved Custom Report 
  -  General Topics  Expand or Collapse      -  Navigating Notifications 
    -  Notification Clearance Instructions for Organizations 
    -  Initiating a Communication or Discussion 
    -  Responding to a Communication or Discussion 
    -  Grant Formats 
    -  Troubleshooting in iEdison 
    -  How to Submit a Help Desk Ticket 

# Submitting a Domestic Manufacturing Waiver Request

## Share

Facebook

Linkedin

Twitter

Email

### Submitting a Domestic Manufacturing Waiver Request

Things to Know Before Submitting a Domestic Manufacturing Waiver

The Bayh-Dole Act requires that if a contractor grants the exclusive right to make or sell any subject invention in the United States, any products "embodying the subject invention or produced through use the subject invention" must be "manufactured substantially in the United States." Additionally, some funding agreements may extend these manufacturing obligations to include products produced by the contractor themselves, non-exclusive licenses, and/or licenses outside of the United States. However, in certain circumstances, this requirement may be waived by the funding agency (see the Bayh-Dole regulations for additional information). If you are seeking to have this manufacturing requirement waived, you must submit a Domestic Manufacturing Waiver Request.  

NOTE: A supporting document is required to submit this request AND you must indicate the reason for your request. Ask your funding agency for the documentation they require for Domestic Manufacturing Waivers. The funding agency may ask for additional information in reviewing this request and may limit your Domestic Manufacturing Waiver to specific time frames, fields of use, countries, etc.

**To submit a Domestic Manufacturing Waiver Request, complete the following steps:**
                  - Click the "Add Request" button on an Invention Report
                  - Select "Domestic Manufacture Waiver" and enter the required information
                  - Click "Save"

## 1. Click the "Add Request" button on an Invention Report

Under the **Requests** section of an Invention Report, click the "Add Request" button.

## 2. Select "Domestic Manufacture Waiver" and enter the required information

After clicking the "Add Request" button, a popup window will open requiring you to select the request type.

Select "Domestic Manufacture Waiver" from the pulldown menu.

Click the "Support Document" to upload a required support document.

Choose the reason for the request from the "Domestic Waiver Reason" pulldown menu. The options include:
                  - Reasonable but unsuccessful efforts to license to company with U.S. manufacturing
                  - Domestic manufacturing is not commercially feasible
                  - Both

## 3. Click "Save"

Click the "Save" button on the popup window.

Administrators at the primary funding agency will be notified of the Domestic Manufacturing Waiver Request. If approved, you will receive a notification indicating the approval. The decision and decision date will be displayed next to the request in the Invention Report. Additionally, the agency may include an official waiver approval document as an attachment to the request, which will include the terms and conditions of the waiver approval.

If the request is denied, you will receive a notification indicating the denial. The decision, reason(s) for the denial, and decision date will be displayed next to the request in the Invention Report.

-  **‹** Receiving an Invention Transfer Request 
-  Patent Reports **›** 

### HEADQUARTERS

301-975-2000

Webmaster | Contact Us | Our Other Offices

TwitterFacebookLinkedInInstagramYouTubeGiphyRSS FeedMailing List

Feedback

            -  Site Privacy 
            -  Accessibility 
            -  Privacy Program 
            -  Copyrights 
            -  Vulnerability Disclosure 
            -  No Fear Act Policy 
            -  FOIA 
            -  Environmental Policy 
            -  Scientific Integrity 
            -  Information Quality Standards 
            -  Commerce.gov 
            -  Science.gov 
            -  USA.gov 
            -  Vote.gov