Small Business Nonprofit Organization Patent Procedures Act

Summary

Small Business Nonprofit Patent Procedures Act - States that it is the objective of this Act to amend existing patent procedures to promote the marketing of inventions developed under federally supported research and development projects by nonprofit organizations and small business firms. Permits any such organization or firm to elect, within a reasonable amount of time, to retain title to such inventions. Authorizes Federal agencies which have supported such projects to retain title to inventions in specified circumstances. Requires any funding agreement between a Federal agency and a small business firm or nonprofit organization to contain provisions: (1) to insure the rights of the Federal Government under this Act; (2) to provide that the agency shall have a nonexclusive, nontransferable, irrevocable and paid-up license to use the invention; (3) to prohibit a nonprofit organization from assigning rights to the invention without the approval of the Federal agency; (4) to prohibit such an! organization from granting exclusive rights from the earlier of five years from the first commercial use of the invention or eight years from the date of invention; and (5) to require such organizations to use their royalties and earnings to support scientific research or education. Authorizes a Federal agency to transfer or assign its rights, acquired from an agency employee as coinventor, to an inventor electing to acquire title to an invention. Empowers any Federal agency to require inventors or their assigns to grant licenses in order to: (1) achieve practical application of the invention in its field of use; (2) alleviate health or safety needs; and (3) meet requirements for public use specified by Federal regulations. Entitles the government to collect up to 50 percent of all net income above specified amounts received by a patent holder until government research funds have been repaid. Restricts the assignment and licensing of rights by patent holders to foreign owned or controlled firms. Authorizes Federal agencies to exempt reports of inventions from disclosure pursuant to the Government in the Sunshine Act. 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. Directs that small business firms receive first priority in such licensing. Sets forth the procedure whereby Federal agencies may grant exclusive or partially exclusive licenses in any invention covered by a federally-owned domestic patent or patent application. Declares that this Act shall take precedence over any other Act in the disposition of inventions.

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1 official file

• Introduced in Senate

  summary · EN · 13 September 1978

  Open at official source

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