Summary: H.R.4564 — 97th Congress (1981-1982)All Information (Except Text)

Bill summaries are authored by CRS.

Shown Here:
Reported to House amended, Part I (12/10/1981)

(Reported to House from the Committee on Science and Technology with amendment, H. Rept. 97-379 (Part I))

Uniform Federal Research and Development Utilization Act of 1981 - Title I: Policy - Declares that the public interest would be better served if greater efforts were made to obtain patent protection for and to promote the commercial use of new technology resulting from federally-sponsored research. Declares it the purpose of this Act to establish a uniform Federal system for the management and use of the results of federally-sponsored scientific and technological research and development.

Title II: Functions of the Office of Science and Technology Policy and the Federal Coordinating Council for Science, Engineering, and Technology - Requires a Secretary of Commerce chaired committee of the Federal Coordinating Council for Science, Engineering, and Technology to make recommendations to the Director of the Office of Science and Technology Policy with regard to the uniform planning and administration of Federal programs pertaining to inventions, patents, trademarks, copyrights, and rights in technical data, such recommendations to be transmitted by the Director to Federal agencies.

Title III: Allocation of Property Rights in Inventions Resulting from Federally Sponsored Research and Development - Declares that each Federal agency shall acquire on behalf of the Federal Government, at the time of contracting, title to any invention made under the contract of a Federal agency if the agency determines: (1) the services of the contractor are for the operation of Federal research and development centers; (2) restriction or elimination of the right to retain title is necessary because of the national security nature of the work being performed; (3) because of the exceptional circumstances (including recombinant DNA research), acquisition of title by the Government is necessary to assure the adequate protection of the public health, safety, or welfare; (4) the principal purpose of the contract is to develop or improve products, processes, or methods which will be required for use by Government regulations, (5) the contract is not to be performed in the United States; or (6) the contractor does not have a place of business in U.S., or is controlled by a foreign entity.

Specifies, in other situations, the minimum rights, with respect to any invention, which each Federal agency shall acquire at the time of contracting. Permits the contractor or inventor to retain title to these inventions by notifying the Government within a specified time and to the other type of inventions if the Government waives its rights. Permits the Federal agency to require the contractor to license an invention to achieve practical application or alleviate serious public needs.

Establishes criteria for the issuance of regulations by the Administrator of General Services, the Administrator of the National Aeronautics and Space Administration (NASA) and the Secretary of Defense for the allocation of property rights in subject inventions. Requires all contractors to report to the sponsoring Federal agency each patentable subject invention as well as the contractor's intent to file a patent application and commercialize such invention.

Requires the Administrators and the Secretary of Defense to issue regulations which will provide payment to the government for Federal funding of research and development activities through the sharing of royalties and/or revenues with the contractor.

Title IV: Domestic and Foreign Protection and Licensing of Federally Owned Inventions - Specifies the authority of Federal agencies with respect to obtaining patents, promoting licensing of inventions, granting licenses, conducting market surveys, transferring custody of patents, and receiving funds.

Authorizes the Secretary of Commerce to coordinate a program for assisting Federal agencies in protecting and licensing federally-owned inventions.

Authorizes the Administrator of General Services to promulgate regulations specifying the terms upon which any federally-owned invention may be licensed.

Sets forth the procedure whereby Federal agencies may grant exclusive or domestic patent or patent application.

Title V: Miscellaneous - Amends specified Acts to conform to the provisions of this Act.