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(iii) procedures for prompt invention identifi

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cation and timely disclosure to the officer or entity administering the patent policy of the non

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profit organization;

(iv) procedures for invention evaluation; and

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(a) The Secretary of Commerce, hereinafter referred to

12 as the Secretary, shall coordinate, direct, and review the im13 plementation and administration of the Federal policy set 14 forth in this Act with respect to the ownership of inventions 15 resulting from federally sponsored research and development, 16 and promote the efficient and effective utilization of the re

17 sults of federally sponsored research and development. 18 (b) With a view to obtaining consistent application of 19 the policies of this Act, the Secretary is authorized and di

20 rected

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(1) to consult and advise with Federal agencies

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concerning the effective implementation and operation of the policies, purposes, and objectives of this Act;

(2) subject to the authority of the Office of Feder

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al Procurement Policy, to formulate and recommend to

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the President such proposed rules, regulations, and procedures necessary and desirable to assure the consistent application of the provisions of this Act;

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(3) to accumulate, analyze, and disseminate data

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dispute between a Federal agency and an aggrieved party arising under title II or title IV of this Act;

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(5) monitor, on a continuing basis, the rights of the Government under section 304 of this Act in any invention made under a contract of a Federal agency, and take all suitable and necessary steps to protect and enforce the rights of the Government in any such in

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vention; and

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(6) to perform such other duties as may be pre17 scribed by the President or by statute. 18 (c) For the purpose of assuring the effective manage19 ment of Government-owned inventions, the Secretary is au

20 thorized and directed to

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(1) assist and coordinate agency efforts to promote

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the licensing and utilization of Government-owned in

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ventions;

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(2) accept custody and administration, in whole or

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in part, of Government rights in any invention for the

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(3) develop and manage a Government-wide program designed to stimulate the transfer of Govern

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ment-owned technology to the private sector through

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the development, demonstration, and dissemination of

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information regarding potential applications and evaluate and assist where appropriate the participation of the private sector in the technology transfer process;

(4) evaluate, with the assistance of the originating

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agency, Government-owned inventions in order to

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identify those inventions with the greatest commercial potential and to promote the development of inventions

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so identified;

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(5) assist the Federal agencies in seeking protec

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tion and maintaining inventions in foreign countries, including the payment of fees and costs connected there

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(6) make market surveys and other investigations for determining the potential of inventions for domestic and foreign licensing and other utilization;

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(7) acquire technical information and engage in

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negotiations and other activities for promoting the licensing and other utilization of Government-owned in

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52-476 0 - 80 - 2

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1 extent necessary for the Government to grant an exclusive

2 license.

3 SEC. 303. WAIVER.

4 A Federal agency may at any time waive all or any part 5 of the rights of the United States under this title to any in6 vention or class of inventions made or which may be made by

7 any person or class of persons under the contract of the

8 agency

if the agency determines that the condition justifying 9 acquisition of title by the Government under section 301 no 10 longer exists or the interests of the United States and the 11 general public will be best served thereby. The agency shall 12 maintain a record, which shall be made public and periodical

13 ly updated, of determinations made under this section. In

14 making such determinations, the agency shall consider the 15 following objectives: 16

(1) encouraging the wide availability to the public 17 of the benefits of the experimental, developmental, or 18 research programs in the shortest practicable time; 19

(2) promoting the commercial utilization of such

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(3) encouraging participation by private persons in the Government-sponsored experimental, developmen

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tal, or research programs; and

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(a) Where a contractor has retained title to an invention

6 under section 302 or 303, the Federal agency shall have the 7 right, pursuant to regulations and subject to the provisions of

8 subsection (b), to

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(1) require the contractor to grant a nonexclusive,

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partially exclusive, or exclusive license to a responsible applicant or applicants, upon terms reasonable under the circumstances, or to require an assignment of title to the Government if the agency determines such action is necessary because the contractor has not filed

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a patent application on the invention within a reason

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able period of time or has not taken, or is not expected to take within a reasonable time, effective steps to

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achieve practical application of the invention; or

(2) require the contractor to grant a nonexclusive, partially exclusive, or exclusive license to a responsible applicant or applicants, upon terms reasonable under the circumstances, if the agency determines such action

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is necessary

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(i) to alleviate a serious threat to the public

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health, safety, or welfare needs which is not rea

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