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1 (f) There are authorized to be appropriated to the Secre2 tary of Commerce to carry out the provisions of this title, the 3 sum of $3,000,000 for fiscal year 1980. 4 SEC. 202. AGENCY TECHNOLOGY UTILIZATION PROGRAM. 5 To assist in the transfer of Government-owned innova6 tive technology resulting from Federal research and develop7 ment for application and use in industry, agriculture, medi8 cine, transportation, and other critical sectors of the econ9 omy, each Federal agency supporting research and develop10 ment activities shall develop and implement a technology uti11 lization program. Specific program objectives shall include, 12 but not be limited to—

(1) expedite and facilitate the application and use

of technology by shortening the time between generation of advanced technologies and their use in the economy and provide greater incentives for use of so

cially beneficial innovations;

(2) encourage multiple secondary uses of technol

ogy in industry, education, and government where

there is a wide spectrum of technological problems and

needs; and

(3) understand more fully the technology transfer process and its impact on the economy, and to manage and optimize the process in a systematic way.

1 SEC. 203. EXPIRATION.

2

The authorities conferred upon the Secretary under this

3 title shall expire and terminate 7 years following the effective

4 date of this Act unless renewed by action of Congress.

TITLE H-ALLOCATION OF RIGHTS

GOVERNMENT CONTRACTORS

7 SEC. 301. RIGHTS OF THE GOVERNMENT. 8 (a) Each Federal agency shall acquire on behalf of the 9 United States, at the time of entering into a contract, title to 10 any invention made under the contract of a Federal agency if 11 the agency determines

(1) the services of the contractor are for the operation of a Government-owned research or production facility;

(2) acquisition of title is necessary because of the classified nature of the work being performed under the

vernn

esed

contract;

(3) because of the exceptional circumstances, acquisition of title by the Government is necessary to

assure the adequate protection of the public health,

safety, or welfare;

(4) in the case of a nonprofit organization, that such institution does not have a qualified technology

transfer program as defined in section 103 of this Act;

or

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(5) the principal purpose of the contract is to develop or improve products, processes, or methods which will be required for use by Government regulations:

5 Provided, however, That the Federal agency may subse6 quently waive all or any part of the rights of the United 7 States under this section to such invention in conformity with 8 the provisions of section 303.

9 (b) The rights of the Government under subsection (a) 10 shall not be exercised by the Federal agency unless it deter11 mines that one of the enumerated criteria exist and it files a 12 determination statement with the Secretary.

13 SEC. 302. RIGHTS OF THE CONTRACTOR.

14 (a) In all other situations not specified in section 301, 15 the contractor or inventor shall have the option of retaining 16 title to any invention made under the contract. Such rights 17 shall be subject to the limitations set forth in section 304 and 18 the provisions of section 305. Said option shall be exercised 19 by notifying the Government at the time of disclosure of the

20 invention or within such time thereafter as may be provided

21 in the contract. The Government shall obtain title to any

22 invention for which this option is not exercised.

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(b) When the Government obtains title to an invention

24 under section 301, the contractor shall retain a nonexclusive,

25 royalty-free license which shall be revocable only to the

14

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 in

6 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 periodical13 ly updated, of determinations made under this section. In 14 making such determinations, the agency shall consider the 15 following objectives:

(1) encouraging the wide availability to the public of the benefits of the experimental, developmental, or

research programs in the shortest practicable time;

(2) promoting the commercial utilization of such inventions;

(3) encouraging participation by private persons in

the Government-sponsored experimental, developmental, 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

(1) require the contractor to grant a nonexclusive, 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 a patent application on the invention within a reasonable period of time or has not taken, or is not expected to take within a reasonable time, effective steps to 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

is necessary

(i) to alleviate a serious threat to the public

health, safety, or welfare needs which is not rea

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