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The initial determination of entire right, title, and interest in and to an invention is made by the Postal Service’s Patent Counsel. The determination of rights is based on the following criteria:
- Entire Right, Title, and Interest to Postal Service. The entire right, title, and interest is obtained by the Postal Service in these cases:
- The invention bears a direct relation to, or is made in consequence of, the official duties of the employee.
- The invention is made with a substantial contribution by the Postal Service of facilities, equipment, materials, funds, information, or the time or services of other Postal Service employees on official duty.
- Entire Right, Title, and Interest to Employee. The entire right, title, and interest is left with the employee in these cases:
- The invention does not bear a direct relation to, or is not made in consequence of, the official duties of the employee.
- The invention is made outside of working hours.
- The invention is not made with a contribution by the Postal Service of facilities, equipment, materials, funds, information, or of time or services of other Postal Service employees on official duty.
- Divided Rights of Employee and Postal Service. When an invention by an employee does not meet the criteria of 695.1a(1) or (2), but the invention is made during working hours, the Postal Service may reserve a nonexclusive, irrevocable, royalty–free license in the invention with the power to grant licenses for all government purposes. Such reservation must appear, where practicable, in any patent, domestic or foreign, that may issue on such invention.
Patent Counsel prepares any necessary instruments and maintains a written record of all inventions to which the Postal Service has the title or license.
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