The term subject invention refers to any invention created by a contractor during the performance of work under a funding agreement. This includes inventions that are conceived or first reduced to practice while fulfilling the terms of the contract. For instance, if a contractor develops a new plant variety, the determination date must occur during the contract period, as outlined in relevant laws.
Subject inventions are commonly referenced in contracts related to government funding, research agreements, and other collaborative projects. They are particularly relevant in fields such as:
Users may need to manage forms related to these agreements, and resources like US Legal Forms offer templates to assist with these processes.
Here are a couple of examples of abatement:
Example 1: A university researcher receives government funding to develop a new technology. If they invent a new device while working on this project, that invention qualifies as a subject invention.
Example 2: A company develops a new plant variety under a contract with a federal agency, and the determination date of the plant variety occurs during the contract period. This is also considered a subject invention.
Subject inventions are primarily governed by:
| Term | Definition | Difference |
|---|---|---|
| Background invention | An invention made independently of a funding agreement. | Subject inventions are tied to specific contracts, while background inventions are not. |
| Patentable invention | An invention that meets the criteria for patent protection. | Not all subject inventions are patentable; they must meet additional criteria. |
If you believe you have created a subject invention, consider the following steps:
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