Innovative Products Can Now Be Used
States can now specify patented or proprietary products in federally funded highway and bridge projects—boosting investment in cutting-edge technology and improving infrastructure quality.
A federal rule put in place in 1916 by the U.S. Department of Transportation’s
Federal Highway Administration (FHWA)
prohibited the use of patented or proprietary materials in Federal-aid projects unless rare exceptions—like Public Interest Findings or experimental classifications—were granted. Over time, this century-old policy became a “roadblock to innovation,” as explained by former U.S. Secretary of Transportation James Burnley, who noted that “if (a product) has any intellectual protection at all, the states have to jump through so many hoops … they just don’t do it”
(For Construction Pros).
This long-standing barrier was officially lifted when FHWA repealed
23 CFR 635.411 (a)–(e), effective October 28, 2019
(Read the full FHWA ruling summary).
The removal of this outdated regulation means that State Departments of Transportation (DOTs) are no longer required to secure certifications, submit public interest findings, or prepare experimental work plans to employ patented or trademarked products in Federal-aid projects.
“This much-needed update of a century-old, obsolete rule will benefit state transportation infrastructure projects and save millions of taxpayer dollars,” said U.S. Transportation Secretary Elaine L. Chao. Federal Highway Administrator Nicole R. Nason added, “This final rule promotes innovation by empowering states to choose which state-of-the-art materials, tools, and products best meet their needs for the construction and upkeep of America’s transportation infrastructure”
(View the official FHWA press release).
The repeal creates room for the deployment of innovative safety features and advanced methods—such as mobile traffic barriers, reflective lane dividers, and breakaway signposts—which had previously been hindered under the old rule
(Read the Transport Topics article).
Industry groups like the American Road & Transportation Builders Association (ARTBA) and the
Geosynthetic Materials Association (GMA)
praised the change, calling it a pivotal move toward safer, more efficient, and longer-lasting infrastructure.
Maintainable weep-hole filters—our innovative product—are a perfect fit for this new regulatory environment. By reducing hydrostatic pressure and minimizing erosion, they help extend asset service life affordably. Jet Filter System is excited to pursue opportunities within this landscape and contribute to a more innovative highway and bridge infrastructure system.
Official ruling information can be found on the
FHWA website.
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