A bill to create a comprehensive Federal system for determining the ownership of and amount of compensation to be paid for inventions made by employed persons.

Summary

Creates a comprehensive Federal system for determining the ownership of, and an amount of compensation to be paid for, inventions made by employed persons. Sets forth the procedure whereby an employee may claim a service invention and be compensated for such invention. Defines a "service invention" as one which was made by an employee at any time during his period of employment which meets specified criteria. Provides that such compensation shall be the fair market value of the employer's right to the invention adjusted to reflect the following factors: (1) the position and duties of the employee; and (2) the degree to which the operations of the employer contributed to the making of the invention. Sets forth the procedures to be followed to obtain a patent on a service invention. Requires an employee to give notice to his employer of such an invention. Provides that if the employer fails to apply for a patent within 6 months following such notice the invention shall become a free invention. Defines a "free invention" as any invention made by an employee which is not a service invention. Provides for additional compensation for an employee inventor when his invention may not be patented due to legitimate trade secret interests of the employer. Provides that an employee must notify an employer concerning any free inventions that he might have developed, and thereby give the employer the right to make an offer if such an invention falls within the scope of the employer's activities. Prohibits the alteration of any of these provisions by a agreement. Establishes a Mediation Board in the Patent Office to attempt to bring about an amicable agreement in any dispute referred to the Board by an employer or employee. Sets forth procedures for the Board's determinations, and provides for judicial review. Authorizes civil actions in district courts by a patentee for infringement of his patent, and by any person damaged by a violation of his rights under this Act. (Adds 35 U.S.C. 401-02, 411-14, 421-25, 431-37, 281)

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1 official file

• Introduced in House

  summary · EN · 18 January 1973

  Open at official source

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