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Reviewing Government Support Clauses

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To review Government Support Clauses (GSC), complete the following steps:

  1. Open the Patent Record with the GSC awaiting approval
  2. Download and review the GSC
  3. Approve or reject the GSC

1. Open the Patent Record with the GSC awaiting approval

When a GSC is awaiting approval, you'll receive an Alert Notification on your Dashboard. Click on the Patent Docket number to open the Patent Record.

Dashboard screenshot.

2. Download and review the GSC

In the Supporting Documents section of the Patent Record, locate the Government Support Clause and click the "Click Here to Download" link. Review the document to ensure it meets all criteria.

Download government support clause screenshot.

GSC Review Guidance

When reviewing a GSC, agencies should look for the following:

  1. The information (application and/or patent number, filing date, etc) for the patent document uploaded matches the information listed in iEdison for this application/patent.
  2. It is clear from the documentation upload that this GSC was in fact filed with the USPTO (it is either an official patent document, such as the issued patent itself OR it is accompanied by the filing receipt).
  3. The language of the GSC reads EXACTLY as follows:

    "This invention was made with government support under (identify the contract) awarded by (identify the Federal agency). The government has certain rights in the invention."

  4. All grants/contracts (in correct format as listed in iEdison) and their respective funding agencies present in the iEdison record are listed in the GSC and vice versa. Please be sure to check the grants/contracts listed for non-primary funding agencies as well.

3. Approve or reject the GSC

Government support clause screenshot.

If the GSC meets all criteria, click the "Accept" button. The "Accepted Date" will auto-populate to today's date. A notification will be sent to the awardee informing them of the acceptance.

If the GSC fails to meet any of the criteria, click the "Reject" button. A popup window will require you to check all reasons for the rejection including any comments. (A list of reasons for rejection with explanations are provided in the next section.)  It's recommended you also include a written explanation in the "Comments" box so the organization fully understands how to remedy the issue.

Click the "Reject" button on the popup window to confirm.  A notification will be sent to the awardee. The rejection reason you selected and your comments will be documented in the patent record.

Rejection reasons screenshot.

 

Government Support Clause rejection reasons:

Reason

Description

The Government Support Clause provided does not meet the requirements of the Bayh-Dole Act and Federal regulations 37 CFR 401.14 (f)(4).

 The language used in the GSC is incorrect and does not match the specific language required in the regulations.

Grant Number does not match.

One or more grant or contract number(s) in iEdison differ(s) from the grant or contract number(s) listed on the GSC.

Grant Number is missing.

One or more grant or contract number(s) in iEdison is missing from the GSC.

Government Agency listed does not match.

One or more government agency(ies) in iEdison differs from the government agency(ies) listed on the GSC.

Government Agency that awarded grant is missing.

One or more government agency(ies) listed in iEdison is/are not listed on the GSC.

Patent Number or Application Number does not match.

The application or patent number in iEdison differs from the application or patent number listed on the GSC documentation.

Document submitted does not contain sufficient patent identifiers to verify that the document containing the Government Support Clause is for the specific patent record; please re-submit the Government Support Clause as filed with the USPTO (e.g., along with the USPTO communication that would include the necessary identifiers to confirm it is for the specific patent application/patent).

 The document provided does not include evidence that this document was filed with the USPTO.  To fulfill this requirement, the document should either be an official USPTO published document (e.g. the USPTO published patent, the USPTO issued patent, or a USPTO signed certificate of correction) OR the document should be accompanied by a filing receipt to indicate that it was filed with the USPTO.

Other.

Explain your reasons for rejecting the GSC in the "Comments" field.
Created March 2, 2022, Updated August 8, 2022