Uniform Science and Technology Research and Development Utilization Act

Summary

Uniform Science and Technology Research and Development Utilization Act - Title I: Policy - States the findings and purpose of this Act. Title II: Implementation - Directs the Federal Coordinating Council for Science, Engineering, and Technology, acting through a committee chaired by the Secretary of Commerce, to make recommendations to the Director of the Office of Science and Technology Policy with regard to uniform and effective: (1) planning and administration of Federal programs pertaining to inventions, patents, rights in technical data, and related matters; (2) policies, regulations, and practices to carry out Federal objectives in the field of intellectual property; and (3) interpretation and implementation by Federal agencies of the provisions of this Act. Requires transmission to Federal agencies through appropriate channels of Council recommendations adopted by the Director. Requires the Council to make a continuing analysis of how Federal agencies implement policies and practices under this Act and to report annually on its efforts. Authorizes the Secretary of Commerce to assist Federal agencies in promoting the licensing, utilization, and eventual commercialization of Government-owned inventions. Title III: Allocation of Rights - Provides that Federal contractors may automatically own inventions they make under Government research and development contracts unless: (1) it is determined that the discovery is needed for foreign intelligence or counterintelligence purposes; (2) the contractor is not located in the United States or is a foreign government; (3) it is determined on a case-by-case basis that exceptional circumstances require Federal ownership; or (4) it is determined that Government rights in the subject invention beyond the license right are necessary for the agency concerned to fulfill its obligations under certain international agreements. Requires such determinations to be made in writing and filed with the Secretary. Provides that if a contractor does not elect to file a patent application, the Federal agency may then assert ownership. Provides that the agency may use a subject invention royalty free and can require that it be kept updated on utilization by the contractor. Provides that agencies may force contractors to grant licenses to competitors for using an invention made under Federal research and development contracts: (1) if effective steps are not being taken toward commercialization; (2) to alleviate serious health or safety needs not being satisfied by the contractor; or (3) to meet requirements for public use specified by Federal regulations not being satisfied by the contractor. Permits a contractor to appeal such a determination within 60 days to the United States Claims Court. Provides that the owner of a patent will not be deprived of any background patent or of any rights under such patent. Prohibits agencies from requiring contractors to give up privately developed technologies to competitors in order to secure a contract, unless specifically approved by the agency head with a written justification. Applies the provisions of this Act only to government contractors (other than small businesses or nonprofit organizations) where the purpose of the contract is the conduct of experimental, developmental, or research work. Title IV: Miscellaneous - Defines terms used in this Act. Makes technical and conforming amendments to numerous specified Acts. Amends the Plant Variety Protection Act to apply the provisions of this Act to novel varieties of plants. Provides that nothing in this Act shall be construed to grant any civil or criminal immunity from any antitrust law of the United States. Provides that this Act becomes effective six months after enactment. Authorizes agencies to apply its provisions to pre-existing contracts where deemed appropriate.

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2 official files

• Reported to House amended, Part I

  summary · EN · 15 August 1984

  Open at official source

• Introduced in House

  summary · EN · 1 March 1984

  Open at official source

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