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

Establishes a Federal system for determining the ownership and amount of compensation to be paid for inventions made by employed persons. Requires an employee who has made a service invention to give written notice of the service invention to his employer without undue delay. Enumerates the required contents of such notice. Permits an employer to claim exclusive rights in and to an employees service invention by giving a written declaration of his claim to the employee as soon as practicable. Directs the employee upon receipt by the employee of such a declaration to assign all rights to the service invention to the employer. Invalidates any disposition of a service invention which impairs an employer's rights in the service invention. Permits an employer to retain a right of first refusal. Defines a free invention to be any invention made by an employee which is not a service invention or to which the employer has ceased to have any claim or interest. Vests an employee with a right to adequate compensation for a service invention as soon as his employer has claimed exclusive rights in the invention. Requires that an employer shall apply for a patent on the service invention within six months of declaring his exclusive rights unless (1) the invention has become free, (2) the employee has agreed that no application shall be made, or (3) the invention constitutes a trade secret. Directs an employer who applies for a patent to keep the employee informed on all aspects of the application and proceedings with respect to such application. Permits an employer who has as legitimate interest in not letting a service invention become known to not apply for a patent if he makes a written declaration to that effect to the employee. Requires an employee who has created a free invention during his employment to give written notice to his employer detailing that information which makes the invention free. Vests an employer with the right of first refusal where such free invention comes within the existing or proposed scope of the employer's operations. Establishes a Mediation Board in the Patent Office to bring about amicable agreement in any dispute relating to this Act. Directs the Commissioner of Patents, in establishing the Board, to appoint a chairman and two associates. Permits a suit to be brought in a United States district court only after a proceeding before the Mediation Board has taken place, except that a surit may be brought if six months has passed since the petition was filed with the board, or the suit is for attachment or injunction. Directs the Secretary of Labor to issue regulations providing specific rules for the determination of the compensation to be paid for exclusive rights in service inventions and trade secrets. (Adds 35 U.S.C. Part II) Extends the rights of civil action for the infringement of a patentee's rights to any person damaged by a violation of his rights. Limits recovery to a period of not more than six years after the violation of any rights secured by this Act. (Amends 35 U.S.C. 281, 283, 284, 286) Grants exclusive original jurisdiction to the district courts of the United States to any civil action arising under this Act. (Amends 28 U.S.C. 1338)

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1 official file

• Introduced in House

  summary · EN · 26 March 1975

  Open at official source

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