Articles from newspapers and periodicals-Continued Wall Street Journal, "Firm Fights Cancellation of Rights on CT Wall Street Journal, "Technicare Unit Gets License From HEW for Washington Post, "Our Indolent Pursuit of Foreign Technology" Stanford University News Service release, alleging that "* ** mo- Business Week, "Vanishing Innovation," July 3, 1978, printed in Page 1117 1117 1117 1118 1120 1124 Access Reports, "No Justification Seen in Denying Access on Ground 'Patentable' Data May Arise," June 13, 1978 1128 The Chronicle of Higher Education, "Revisions in U.S. Patent Law: 1132 "Profitable and Nonprofitable Drugs," article from Apr. 20, 1978, issue of New England Journal of Medicine... 1133 Meeting notice, agenda, and newsletter report of National Institute of General Medical Sciences Conference on "Development of Therapeutic Agents Found With Government Support,' May 31June 1, 1978__ National Science Foundation: Notice of intention to encourage cooperative research between industry and universities, March 29, 1978; notice and agenda of Midwest Small Business Conference, May 22-23, 1978__ National Science Foundation: Title 45 of the Code of Federal Regulations, part 650-Patents General Services Administration notice of Government-wide institutional patent agreement-change of effective date, Federal Register, Feb. 2, 1978 Letter to Gerald D. Sturges, professional staff member, Senate Small Business Committee, from Thomas E. Morgan, M.D., director, Division of Biomedical Research, Association of Medical Colleges, June 22, 1978. Survey to determine value of certain patented inventions funded through the Department of Health, Education, and Welfare Supreme Court amicus curiae brief on relationship of intellectual property and Freedom of Information Act__. Statements submitted for the record: American Council on Education.. Institute of Electrical and Electronic Engineers Letter to Chairman Gaylord Nelson from Senator Birch Bayh including "Analytical Basis for the University Position on H.R. 8596," February 1978, Society of University Patent Administrators. Correspondence submitted to Chairman Gaylord Nelson for the record from: 1137 1145 1150 1158 1164 1165 1172 1205 1213 1246 1261 1268 David Mintzer, vice president for research and dean of science, 1306 John B. Richey, assistant director, Sponsored Projects Office, Stan- 1307 E. Gerald Meyer, vice president for research, the University of 1308 Joseph V. Scaletti, University of New Mexico_ 1309 Joseph S. Warner, director, Grant and Contract Administration, 1310 Correspondence submitted to Chairman Gaylord Nelson for the record from-Continued 1311 Joseph J. Keeley, associate director, Division of Research Develop- Page 1312 G. Willard Fornell, patent administrator, University of Minnesota__ F. N. Andrews, vice president for research and dean of the graduate school, Purdue University 1313 1314 Dennis W. Barnes, associate provost for research, University of 1315 J. Ralph Shay, assistant dean of research, Oregon State University.. Thomas F. Jones, vice president for research, Massachusetts Institute of Technology-. 1316 1322 1324 Glen L. Taggart, president, Utah State University William S. Partridge, vice president for research, University of Utah... Department of Commerce, National Technical Information Service: article, "Government Research Spurs Private Profits," plus notices of selected technology for licensing.. Office of Management and Budget notice of request for public comment on proposed Federal policy regarding dissemination of scientific and technical information which results from Federal funds, Federal Register, July 25, 1978. 1325 1326 1337 Articles from the Bulletin of the National Research Development Corporation, United Kingdom: Federal tax return of private organization exempt from income tax, for various years. 1361 Treasury Department, Internal Revenue Service, questionnairefor religious, charitable, scientific, literary, and educational organizations claiming exemption under section 101 (6) of the Revenue Act of 1936. 1440 Wisconsin Alumni Research Foundation: Federal tax return for organization exempt from income tax, for fiscal year ending June 30, 1976. 1523 Second restated articles of incorporation of WARF as of May 2, 1975 1544 Revised bylaws.. 1549 1563 Presentation before Society of University Patent Administrators, third annual meeting, Feb. 6, 1978, by Norman J. Latker, Patent Counsel 1565 General Services Administration submission for the record: Letters of comment on draft of Government-wide institutional patent 1574 Proposed revision of the draft IPA, prepared by the Ad Hoc Sub- 1713 Minutes of meetings of interagency committees on revision of the 1796 Report of the 1973 survey of university patent programs by Northwestern University_ 1934 The Monopoly and Anticompetitiva Activities Subcommittee of the Senate Select Committee on Small Business now has completed five days of hearings on the history, legal basis and implications of Institutional Patent Agreements (IPAS) as an implement of Government patent policy. As you know, the hearings were held because the General Services Administration announced that a newly worded IPA was being incorporated in Federal Procurement Regulations for Government-wide use effective March 20. At my request, you agreed to stay the new patent regulation for 120 days, until July 18, to permit it to be scrutinized by congressional committees and the Executive Office of the President. The subcommittee invited 17 witnesses to testify at the hearings May 22-23, June 20-21 and 26. As the consluding witness on June 26, you said, according to the unedited transcript of the hearing: The stay order I requested does run Clearly we will need to consult with L. Fettig July 18, 1978 I can see arguments on both sides I want to thank you for your participation, for the cooperation of your office with subcommittee staff in the conduct of the hearings, and for your willingness to receive recommendations by July 18 from me or any members of the subcommittee regarding the patent regulation. RECOMMENDATION Based on the testimony and information presented at the subcommittee hearings, and on some relevant factors not disucssed at the hearings, I recommend that the stay of the GSA patent regulation be extended indefinitely. In the explanation that follows, numbers in - parentheses keyed to a numbered witness list, which is attached will be used to indicate the source of testimony and information cited. POLICY CONSIDERATIONS As a matter of policy, it would be premature to allow the GSA patent regulation to go into effect at this time, for these reasons: 1. While the Office of Federal Procurement Policy clearly has the authority to "prescribe policies, regulations, procedures, and forms to be followed by executive agencies in the procurement of services, including research and development," President Carter's Executive Order 12039, relating to the transfer of certain science and technology policy functions, published in the Federal Register on February 28, 1978, delegates to the director of the Office of Management and Budget "the responsibility for fostering any policies to facilitate the transfer and utilization of research and development results." Witnesses at the subcommittee hearings (5, 7, 8, 10, 11, 12) contended that the purpose of the Government-wide IPA contained in the GSA patent regulation is to facilitate the transfer and utilization of research and development results. |