APPENDIX E

List of Recommendations

1. Implement the revised Presidential Statement of Government Patent Policy promptly and uniformly.

2. Enact legislation to make clear the authority of all agencies to issue exclusive licenses under patents held by them.

3. Supplement the Presidential policy by the adoption of uniform procedures for application of the rights reserved to the Government under the policy.

4. Amend 28 U.S.C. § 1498 to make authorization and consent automatic in all cases except where an agency expressly withholds its authorization and consent as to a specific patent.

5. Amend agency regulations and clauses to provide that all contractual warranties against patent infringement be provided by specific contractual language and not by implication.

6. Authorize all agencies to settle patent infringement claims out of available appropriations prior to the filing of suit.

7. Grant all agencies express statutory authority to acquire patents, applications for patents, and licenses or other interests thereunder.

8. Give the United States District Courts concurrent jurisdiction with the Court of Claims for suits brought pursuant to 28 U.S.C. § 1498 subject to the jurisdictional amount under the Tucker Act.

9. Amend or repeal statutes limiting

agency flexibility concerning rights in technical data.

10. Undertake, through the Federal Council for Science and Technology in coordination with the Office of Federal Procurement Policy, to develop and evaluate the implementation of a statement of Government policy on rights in technical data supplied under Government contracts. Give specific consideration to the relationships between prime contractors and subcontractors.

11. Authorize agencies to acquire information and data.

12. Undertake, through the Federal Council for Science and Technology in coordination with the Office of Federal Procurement Policy, to develop and evaluate the implementation of a statement of Government policy on the treatment of data submitted with proposals or other related communications.

13. Establish a remedy for the misuse of information supplied to the Government in confidence.

14. Amend or repeal statutes limiting agency flexibility in dealing with the publication of works developed under Government contracts.

15. Enact legislation giving all agencies authority to acquire private copyrights or interests therein.

16. Establish an interagency task force under the lead of the Office of Federal Procurement Policy to develop and evaluate the implementation of a statement of Government copyright policy.