Federal regulations require that awardees elect in writing whether or not to retain title to each "subject invention" by notifying their research sponsor(s) within two years of disclosure of the invention to the research sponsor. In a case where publication, an offer for sale or public use has initiated the one year statutory period during which valid patent protection can still be obtained in the U.S., the period for election of title may be shortened by a research sponsor to a date that is no more than 60 days prior to the end of the statutory period. The following sections of 37 CFR 401 explain this requirement:
37 CFR 401.2 - Definitions 37 CFR 401.14 - Standard Patent Rights Clauses "Invention Disclosure"
Law - Title Election