united-states patents
What does it mean to &quot;retain title&quot; (or not) of a patent?
<p>I've already <a href="https://law.stackexchange.com/questions/51778/what-does-it-mean-for-a-patent-to-be-subject-to-the-provisions-of-public-law-96">asked a question here about the Public Law 95-517</a> (The <a href="https://en.wikipedia.org/wiki/Bayh%E2%80%93Dole_Act" rel="nofollow noreferrer">"Bayh-Dole Act"</a>), so thanks to the response there I now have some understanding about this act. But what does it mean if a contractor who produces some patented works subject to this act elects not to "retain title"?</p>

<p>A specific example of this is <a href="http://patft.uspto.gov/netacgi/nph-Parser?Sect2=PTO1&amp;Sect2=HITOFF&amp;p=1&amp;u=/netahtml/PTO/search-bool.html&amp;r=1&amp;f=G&amp;l=50&amp;d=PALL&amp;RefSrch=yes&amp;Query=PN/7773362" rel="nofollow noreferrer">US Patent 7,773,362</a>. In the patent there is a section titled <em>Statement as to Federally-sponsored research</em>, which states;</p>

<blockquote>
  <p>The invention described herein was made in the performance of work
  under a NASA contract, and is subject to the provisions of Public Law
  96-517 (U.S.C. 202) in which <strong>the Contractor has not elected to retain
  title</strong>.</p>
</blockquote>

<p>The emphasis was added by me. What does this mean? Is the patent still protected? Who "owns" it?</p>

<p>It is not the case that the company filed a patent and then decided to give it up. I looked up the patent in Public PAIR and the transmittal sheet with the original filing is on NASA letterhead. NASA filed it.  I think the statement you quote means that the contractor declined their right to file for it on their own behalf (and cost) so NASA then had the right to file. It happens to now be expired due to non-payment of maintenance fees.</p>
