An act to amend the patent and trademark laws.

Summary

Amends the patent and trademark laws of the United States to authorize an individual to: (1) cite to the Patent and Trademark Office prior art patents or publications which are pertinent to a later patent; and (2) request to reexamine a patent to determine whether such a prior patent or publication has any bearing on the patentability of any claim of such patent. Requires the Commissioner of Patents within three months of such a request to make a determination as to whether the cited prior patent raises a substantial new question of the patentability of any claim of the later patent. Authorizes the Commissioner on his or her own initiative to make such a determination at any time. States that a determination that no new question is raised shall be final. Directs the Commissioner, upon determining that there is a new question of patentability, to order and conduct a reexamination. Requires that the patent owner be provided at least two months to file a statement on such question and that the person making the reexamination request be provided two months to respond to such statement. Declares that the patent owner shall be provided an opportunity in any reexamination to amend any claim of the patent in order to distinguish the claim from the prior patent cited or in response to a decision adverse to the patentability of the claim. Authorizes the owner to appeal any adverse decision. Directs the Commissioner, upon the conclusion of any reexamination or appeal proceeding, to issue and publish a certificate cancelling any unpatentable claim, confirming any valid claim, and incorporating any amended claim in the patent. Revises the schedule of fees for Patent Office services. Directs the Secretary of Commerce to establish fees for all services and materials relating to patents and trademarks, including application and maintenance. Sets forth the level and schedule of payments for such fees and the procedure for their payment. Makes the revenues from such fees available to carry out the activities of the Patent Trademark Office. Government Patent Policy Act of 1980 - Sets forth policies and procedures relating to contract rights to federally funded inventions. Requires each Federal contractor to provide the responsible agency with timely written reports containing specified information on each contract invention. Prohibits the release of such information until a reasonable time in which to file patent applications or one year has elapsed. Permits a contractor that is a small business or a nonprofit organization to file a patent application in any country within a reasonable time, subject to the Government's minimum rights. Sets forth restrictions on the exclusive license of contractors in specified fields of use for national security and antitrust considerations. Grants to a contractor a nonexclusive royalty-free license to practice the contract invention in all countries where it does not receive title and in all fields of use and in all countries in which it does not receive an exclusive license. Sets forth the Government's minimum rights in any contract invention, including the right to royalty-free use and the right to sublicense to other governments in the national interest. Authorizes the Government to wholly or partially terminate the contractor's title or exclusive rights in any patent or contract invention in any field of use: (1) for national security purposes; (2) if no timely and effective action to achieve practical application of the invention has been taken by such contractor; (3) if the contractor's rights in the invention would violate the antitrust laws; or (4) if the contractor has failed to comply with the reporting requirements of this Act. Permits an agency to deviate from the specified allocation of patent rights in the public interest. Sets forth the requirements for a waiver of specified reserved rights. Permits a contractor's employee-inventor to receive some or all of such contractor's patent rights. Sets forth the provisions governing inventions made by Federal employees. Requires such employees to file timely reports containing complete technical information on any inventions they make. Sets forth the criteria which the responsible agency must use to determine the rights of the Government and of Federal employee-inventors, including the relationship of such invention to the duties of the employee, the contribution of Federal funds, equipment, or information, and national security considerations. Permits a review of agency determinations as specified. Authorizes an agency to provide an incentive awards program to promote the production and disclosure of employee inventions. Sets forth the criteria to be used in determining eligibility for such an award and the amount to be bestowed. Permits an agency to share the income received from any patent license with the employee-inventor. Permits an agency to grant exclusive or partially exclusive domestic licenses under specified federally owned patent rights to achieve the desired practical application, subject to specified minimum government rights. Authorizes the Government to wholly or partially terminate any license in a field of use: (1) for national security purposes; (2) if no timely and effective action to achieve practical application of the invention has been taken; or (3) if the licensee has failed to comply with the terms of the license. Permits any exclusive licensee to enforce his or her rights under the license without joining the United States as a party. Requires such licensee to give prompt notice of his or her suit to the Attorney General and to the agency that granted the license. Sets forth procedures for a hearing and judicial review of specified agency determinations. Authorizes an agency to gain, maintain, or transfer to other agencies patent rights in any invention in which the Government has an interest in order to promote the use of inventions having significant commercial potential or otherwise beneficial to the national interest. Directs the Secretary of Commerce to: (1) consult with other agencies about areas of science and technology with potential for commercial development; (2) coordinate a program to assist other agencies in exercising the authority granted under this Act; (3) evaluate inventions referred by agencies; (4) help agencies seek and maintain patents in the United States and in foreign countries; (5) develop a Government-wide program to stimulate transfer to the private sector of potentially valuable Federally-owned technology; and (6) publish notice of all federally-owned patent rights that are available for licensing.

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Documents

6 official files

• Public Law (PDF)

  Public Law · EN · 13 December 1980

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• Passed Senate amended

  summary · EN · 20 November 1980

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• Passed House amended

  summary · EN · 17 November 1980

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• Reported to House amended, Part II

  summary · EN · 23 September 1980

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• Reported to House amended, Part I

  summary · EN · 9 September 1980

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• Introduced in House

  summary · EN · 26 March 1980

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