§ 5308. Protection of proprietary rights

Type Statute
Publication 2026-03-26
State In force
Department United States Congress
Source OLRC
Reform history JSON API
§ 5308. Protection of proprietary rights

(a) Proprietary rights No trade secrets or commercial or financial information that is privileged or confidential, under the meaning of section 552(b)(4) of title 5, which is obtained from a company as a result of activities under this chapter shall be disclosed.

(b) Commercial information The Secretary, for a period of up to 5 years after the development of information that—

may provide appropriate protection against the dissemination of such information, including exemption from subchapter II of chapter 5 of title 5.

(1) results from research and development activities conducted under this chapter; and

(2) would be a trade secret or commercial or financial information that is privileged or confidential, under the meaning of section 552(b)(4) of title 5, if the information had been obtained from a company,

(c) Patent rights With respect to patent rights, the Institutes shall be treated in the same manner as are nonprofit organizations and small business firms under chapter 18 of title 35, notwithstanding any provisions to the contrary contained in that chapter.

(Pub. L. 101–425, § 9, Oct. 15, 1990, 104 Stat. 919.)

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