Administration or one of its contractors or subcontractors, 
at facilities owned by or contracted to the Administration. 
§ 335. Property rights in inventions 
(a) DEFINITIONS.—In this section: 
(1) CONTRACT.—The term ‘‘contract’’ means 
any actual or proposed contract, agreement, under-
standing, or other arrangement, and includes any 
assignment, substitution of parties, or subcontract 
executed or entered into thereunder. 
(2) MADE.—The term ‘‘made’’, when used in 
relation to any invention, means the conception or 
first actual reduction to practice of such invention. 
(3) PERSON.—The term ‘‘person’’ means any 
individual, partnership, corporation, association, in-
stitution, or other entity. 
(b) EXCLUSIVE PROPERTY OF UNITED STATES.— 
(1) IN GENERAL.—An invention shall be the ex-
clusive property of the United States if it is made 
in the performance of any work under any contract 
of the Administration, and the Administrator deter-
mines that— 
(A) the person who made the invention was 
employed or assigned to perform research, de-
velopment, or exploration work and the inven-
tion is related to the work the person was em-
ployed or assigned to perform, or was within 
the scope of the person’s employment duties, 
whether or not it was made during working 
hours, or with a contribution by the Govern-
ment of the use of Government facilities, equip-
ment, materials, allocated funds, information 
proprietary to the Government, or services of 
Government employees during working hours; 
or 
(B) the person who made the invention 
was not employed or assigned to perform re-
search, development, or exploration work, but 
the invention is nevertheless related to the con-
tract, or to the work or duties the person was 
employed or assigned to perform, and was made 
during working hours, or with a contribution 
from the Government of the sort referred to in 
subparagraph (A). 
(2) PATENT TO UNITED STATES.—If an inven-
tion is the exclusive property of the United States 
under paragraph (1), and if such invention is pat-
entable, a patent therefor shall be issued to the 
United States upon application made by the Admin-
istrator, unless the Administrator waives all or any 
part of the rights of the United States to such in-
vention in conformity with the provisions of sub-
section (g). 
(c) CONTRACT PROVISIONS FOR FURNISHING RE-
PORTS OF INVENTIONS, DISCOVERIES, IMPROVEMENTS, 
OR INNOVATIONS.—Each contract entered into by the Ad-
ministrator with any party for the performance of any 
work shall contain effective provisions under which the 
party shall furnish promptly to the Administrator a writ-
ten report containing full and complete technical informa-
tion concerning any invention, discovery, improvement, or 
innovation which may be made in the performance of any 
such work. 
(d) PATENT
APPLICATION.—No patent may be 
issued to any applicant other than the Administrator for 
any invention which appears to the Under Secretary of 
Commerce for Intellectual Property and Director of the 
United States Patent and Trademark Office (hereafter in 
this section referred to as the ‘‘Director’’) to have signifi-
cant utility in the conduct of aeronautical and space activi-
ties unless the applicant files with the Director, with the 
application or within 30 days after request therefor by the 
Director, a written statement executed under oath setting 
forth the full facts concerning the circumstances under 
which the invention was made and stating the relationship 
(if any) of the invention to the performance of any work
under any contract of the Administration. Copies of each 
such statement and the application to which it relates shall 
be transmitted forthwith by the Director to the Adminis-
trator. 
(e) ISSUANCE OF PATENT TO APPLICANT.—Upon 
any application as to which any such statement has been 
transmitted to the Administrator, the Director may, if the 
invention is patentable, issue a patent to the applicant un-
less the Administrator, within 90 days after receipt of the 
application and statement, requests that the patent be 
issued to the Administrator on behalf of the United States. 
If, within such time, the Administrator files such a request 
with the Director, the Director shall transmit notice there-
of to the applicant, and shall issue such patent to the Ad-
ministrator unless the applicant within 30 days after re-
ceipt of the notice requests a hearing before the Board 
of Patent Appeals and Interferences on the question 
whether the Administrator is entitled under this section 
to receive the patent. The Board may hear and determine, 
in accordance with rules and procedures established for 
interference cases, the question so presented, and its de-
termination shall be subject to appeal by the applicant or 
by the Administrator to the United States Court of Ap-
peals for the Federal Circuit in accordance with proce-
dures governing appeals from decisions of the Board of 
Patent Appeals and Interferences in other proceedings. 
(f) SUBSEQUENT TRANSFER OF PATENT IN CASE OF 
FALSE REPRESENTATIONS.—Whenever a patent has been 
issued to an applicant in conformity with subsection (e), 
and the Administrator thereafter has reason to believe 
that the statement filed by the applicant in connection 
with the patent contained a false representation of a mate-
rial fact, the Administrator, within 5 years after the date 
of issuance of the patent, may file with the Director a re-
quest for the transfer to the Administrator of title to the 
patent on the records of the Director. Notice of any such 
request shall be transmitted by the Director to the owner 
of record of the patent, and title to the patent shall be 
so transferred to the Administrator unless, within 30 days 
after receipt of notice, the owner of record requests a hear-
ing before the Board of Patent Appeals and Interferences 
on the question whether any such false representation was 
contained in the statement filed in connection with the 
patent. The question shall be heard and determined, and 
the determination shall be subject to review, in the manner 
prescribed by subsection (e) for questions arising there-
under. A request made by the Administrator under this 
subsection for the transfer of title to a patent, and pros-
ecution for the violation of any criminal statute, shall not
be barred by the failure of the Administrator to make a 
request under subsection (e) for the issuance of the patent 
to the Administrator, or by any notice previously given by 
the Administrator stating that the Administrator had no 
objection to the issuance of the patent to the applicant. 
(g) WAIVER
OF RIGHTS
TO INVENTIONS.—Under 
such regulations in conformity with this subsection as the 
Administrator shall prescribe, the Administrator may 
waive all or any part of the rights of the United States 
under this section with respect to any invention or class 
of inventions made or which may be made by any person 
or class of persons in the performance of any work re-
quired by any contract of the Administration if the Admin-
istrator determines that the interests of the United States 
will be served thereby. Any such waiver may be made upon 
such terms and under such conditions as the Adminis-
trator shall determine to be required for the protection 
of the interests of the United States. Each such waiver 
made with respect to any invention shall be subject to the 
reservation by the Administrator of an irrevocable, non-
exclusive, nontransferable, royalty-free license for the 
practice of such invention throughout the world by or on 
behalf of the United States or any foreign government 
pursuant to any treaty or agreement with the United 
States. Each proposal for any waiver under this subsection
shall be referred to an Inventions and Contributions 
Board which shall be established by the Administrator 
within the Administration. Such Board shall accord to 
each interested party an opportunity for hearing, and shall 
transmit to the Administrator its findings of fact with re-
spect to such proposal and its recommendations for action 
to be taken with respect thereto. 
(h) PROTECTION OF TITLE.—The Administrator is 
authorized to take all suitable and necessary steps to pro-
tect any invention or discovery to which the Administrator 
has title, and to require contractors or persons who retain 
title to inventions or discoveries under this section to pro-
tect the inventions or discoveries to which the Administra-
tion has or may acquire a license of use. 
(i) ADMINISTRATION
AS DEFENSE AGENCY.—The 
Administration shall be considered a defense agency of the 
United States for the purpose of chapter 17 of title 35. 
(j) OBJECTS INTENDED FOR LAUNCH, LAUNCHED, 
OR ASSEMBLED IN OUTER SPACE.—Any object intended 
for launch, launched, or assembled in outer space shall be 
considered a vehicle for the purpose of section 272 of title 
35. 
(k) USE OR MANUFACTURE OF PATENTED INVEN-
TIONS INCORPORATED IN SPACE VEHICLES LAUNCHED 
FOR PERSONS OTHER THAN UNITED STATES.—The use
or manufacture of any patented invention incorporated in 
a space vehicle launched by the United States Government 
for a person other than the United States shall not be 
considered to be a use or manufacture by or for the United 
States within the meaning of section 1498(a) of title 28, 
unless the Administration gives an express authorization 
or consent for such use or manufacture. 
§ 336. Contributions awards 
(a) APPLICATIONS.—Subject to the provisions of this 
section, the Administrator is authorized, on the Adminis-
trator’s own initiative or on application of any person, to 
make a monetary award, in an amount and on terms the 
Administrator determines to be warranted, to any person 
(as defined by section 335(a) of this title) for any scientific 
or technical contribution to the Administration which is 
determined by the Administrator to have significant value 
in the conduct of aeronautical and space activities. Each 
application made for such an award shall be referred to 
the Inventions and Contributions Board established under 
section 335 of this title. Such Board shall accord to each 
applicant an opportunity for hearing on the application, 
and shall transmit to the Administrator its recommenda-
tion as to the terms of the award, if any, to be made to 
the applicant for the contribution. In determining the
terms and conditions of an award the Administrator shall 
take into account— 
(1) the value of the contribution to the United 
States; 
(2) the aggregate amount of any sums which 
have been expended by the applicant for the develop-
ment of the contribution; 
(3) the amount of any compensation (other 
than salary received for services rendered as an offi-
cer or employee of the Government) previously re-
ceived by the applicant for or on account of the use 
of the contribution by the United States; and 
(4) any other factors the Administrator deter-
mines to be material. 
(b) APPORTIONMENT OF AWARDS.—If more than one 
applicant under subsection (a) claims an interest in the 
same contribution, the Administrator shall ascertain and 
determine the respective interests of the applicants, and 
shall apportion any award to be made among the appli-
cants in amounts the Administrator determines to be equi-
table. 
(c) SURRENDER OF OTHER CLAIMS.—No award may 
be made under subsection (a) unless the applicant surren-
ders, by means the Administrator determines to be effec-
tive, all claims that the applicant may have to receive any
compensation (other than the award made under this sec-
tion) for the use of the contribution or any element thereof 
at any time by or on behalf of the United States, or by 
or on behalf of any foreign government pursuant to a trea-
ty or agreement with the United States, within the United 
States or at any other place. 
(d) REPORT AND WAITING PERIOD.—No award may 
be made under subsection (a) in an amount exceeding 
$100,000 unless the Administrator transmits to the ap-
propriate committees of Congress a full and complete re-
port concerning the amount and terms of, and the basis 
for, the proposed award, and a period of 30 calendar days 
of regular session of Congress expires after receipt of the 
report by the committees. 
§ 337. Malpractice 
and 
negligence 
suits 
against 
United States 
(a) EXCLUSIVE REMEDY.—The remedy against the 
United States provided by sections 1346(b) and 2672 of 
title 28, for damages for personal injury, including death, 
caused by the negligent or wrongful act or omission of any 
physician, dentist, nurse, pharmacist, or paramedical or 
other supporting personnel (including medical and dental 
technicians, nursing assistants, and therapists) of the Ad-
ministration in the performance of medical, dental, or re-
lated health care functions (including clinical studies and
investigations) while acting within the scope of such per-
son’s duties or employment therein or therefor shall be 
exclusive of any other civil action or proceeding by reason 
of the same subject matter against such person (or the 
estate of such person) whose act or omission gave rise to 
the action or proceeding. 
(b) ATTORNEY GENERAL TO DEFEND ANY CIVIL AC-
TION
OR PROCEEDING
FOR MALPRACTICE
OR NEG-
LIGENCE.—The Attorney General shall defend any civil 
action or proceeding brought in any court against any per-
son referred to in subsection (a) (or the estate of such 
person) for any such injury. Any such person against 
whom such civil action or proceeding is brought shall de-
liver within such time after date of service or knowledge 
of service as determined by the Attorney General, all proc-
ess served upon such person or an attested true copy 
thereof to such person’s immediate superior or to whom-
ever was designated by the Administrator to receive such 
papers. Such person shall promptly furnish copies of the 
pleading and process therein to the United States Attor-
ney for the district embracing the place wherein the pro-
ceeding is brought, to the Attorney General, and to the 
Administrator. 
(c) REMOVAL OF ACTIONS.—Upon a certification by 
the Attorney General that any person described in sub-
section (a) was acting in the scope of such person’s duties 
or employment at the time of the incident out of which 
the suit arose, any such civil action or proceeding com-
menced in a State court shall be removed without bond 
at any time before trial by the Attorney General to the 
district court of the United States of the district and divi-
sion embracing the place wherein it is pending and the 
proceeding deemed a tort action brought against the 
United States under the provisions of title 28, and all ref-
erences thereto. Should a district court of the United 
States determine, on a hearing on a motion to remand 
held before a trial on the merits, that the case so removed 
is one in which a remedy by suit within the meaning of 
subsection (a) is not available against the United States, 
the case shall be remanded to the State court. 
(d) COMPROMISE OR SETTLEMENT OF CLAIMS.—The 
Attorney General may compromise or settle any claim as-
serted in such civil action or proceeding in the manner 
provided in section 2677 of title 28, and with the same 
effect. 
(e) APPLICABILITY
OF
OTHER
PROVISIONS
OF 
LAW.—For purposes of this section, the provisions of sec-
tion 2680(h) of title 28 shall not apply to any cause of 
action arising out of a negligent or wrongful act or omis-
sion in the performance of medical, dental, or related
health care functions (including clinical studies and inves-
tigations). 
(f) LIABILITY INSURANCE FOR PERSONS ASSIGNED 
TO FOREIGN COUNTRIES OR NON-FEDERAL AGENCIES.— 
The Administrator or the Administrator’s designee may, 
to the extent that the Administrator or the designee deems 
appropriate, hold harmless or provide liability insurance 
for any person described in subsection (a) for damages 
for personal injury, including death, caused by such per-
son’s negligent or wrongful act or omission in the perform-
ance of medical, dental, or related health care functions 
(including clinical studies and investigations) while acting 
within the scope of such person’s duties if such person 
is assigned to a foreign country or detailed for service with 
other than a Federal department, agency, or instrumen-
tality or if the circumstances are such as are likely to pre-
clude the remedies of third persons against the United 
States described in section 2679(b) of title 28, for such 
damage or injury. 
§ 338. Insurance and indemnification 
(a) DEFINITIONS.—In this section: 
(1) SPACE VEHICLE.—The term ‘‘space vehicle’’ 
means an object intended for launch, launched, or 
assembled in outer space, including the space shuttle 
and other components of a space transportation sys-