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It should be emphasized that, under United States law, a patent application is not affected by a publication describing the invention if the application is filed within one year of such publication. For this reason, the process of filing for a patent should not affect the normal free-flow and exchange of information among and between our scientists and their non-Smithsonian colleagues as they pursue their research. However, under the laws of most other countries, any prior publication describing an invention would bar the granting of a patent in those countries. Consequently, inventors should consider how the timing of a publication might affect the right to obtain a patent outside the United States.

Since inventions conceived or reduced to practice in the course of Smithsonian employment, or using Smithsonian facilities or equipment, are normally considered to be intellectual property owned by the Institution, Smithsonian personnel must not enter into outside agreements regarding such inventions without first consulting with the Office of the General Counsel. Inventions in which the Smithsonian has no ownership interest may be donated to the Institution for possible patenting, as above. The patenting procedures outlined herein will take account of any applicable laws, regulations or the relevant provisions of grants, contracts, or donations.

In order to provide incentives for creativity and to encourage the disclosure of inventions, the Institution will make decisions to obtain patents for inventions on the basis of intrinsic merit, and not solely with regard to immediate commercial application. Inventors to whom patents are issued will be eligible for special recognition through cash awards, following existing procedures. Smithsonian policy permits cash awards up to