« PreviousContinue »
(3) supervise, direct, coordinate, or review federally financed or conducted research or development work, or both; or
(4) act in a liaison capacity among Federal or
non-Federal agencies or individuals engaged in such 6 work
(b) The presumption established by subsection (a) may 8 be rebutted by the facts or circumstances of the conditions 9 under which any particular invention is made. 10 SEC. 403. REVIEW. 11 Federal agency determinations regarding the respective 12 rights of the Government and the Federal employee-inventor 13 are to be reviewed by the Secretary in accordance with rules, 14 regulations, and procedures adopted by the Secretary when15 ever
(1) the Federal agency fails to obtain title under
the provisions of section 401(a); or
(2) the Federal employee-inventor who claims to be aggrieved by the determination requests such a
21 SEC. 404. INCENTIVES AWARDS PROGRAM.
22 (a) Subject to the provisions of this section, the agency 23 is authorized, upon its own initiative or upon application of 24 any person, to make a monetary award or otherwise offer 25 recognition, in such amount and upon such terms as it shall
1 deem appropriate, to any Federal employee-inventor for any
2 scientific or technical invention determined by the agency to
3 have significant value. 4. (b) Awards shall be granted pursuant to the provisions 5 of chapter 45 of title 5 and chapter 57 of title 1 of the United
States Code, and in accordance with regulations issued there
7 under except as modified by this Act.
(c) In granting awards under this section, due considera
9 tion shall be given to
(1) the extent to which the invention advances the
state of the art;
(2) the amount expended by the employee-inventor for development of such invention;
(3) the importance of the invention in terms of its
value and benefits to the Government and the United
(4) the extent to which the invention has achieved utilization by the public; and
(5) the amount of any compensation previously received by the employee-inventor for or on account of the use of such invention by the United States.
(d) If more than one applicant under subsection (a) 23 claims an interest in the same contribution, the agency shall
24 ascertain the respective interest of such applicants, and shall
25 apportion any award to be made with respect to such inven
1 tion among such applicants in such proportions as it shall 2 determine to be equitable. 3. (e) No award may be made under subsection (a) with
4 respect to any invention unless the applicant surrenders, by
5 such means as the agency shall determine to be effective, all 6 claims which such applicant may have to receive any com7 pensation (other than the award made under this section) for 8 the use of such invention or any element thereof at any time 9 by or on behalf of the United States or by or on behalf of any 10 foreign government pursuant to any treaty or agreement with 11 the United States, within the United States or at any other 12 place. 13 (1) No award may be made under subsection (a) in any 14 amount exceeding $100,000, unless the agency has transmit15 ted to the appropriate committees of the Congress a full and 16 complete report concerning the amount and terms of, and the 17 basis for, such proposed award, and 30 calendar days of reg18 ular session of the Congress have expired after receipt of 19 such report by such committees. 20 (g) A cash award and expense for honorary recognition 21 of a Federal employee-inventor shall be paid from the funds
22 appropriated for the sponsoring Federal agency.
2 SEC. 501. REPEAL OF EXISTING STATUTORY RESEARCH AND
The following Acts are hereby amended as follows:
6 by title I of the Act of August 14, 1946 (7 U.S.C. 427(a); 60 7 Stat. 1085) is amended by striking out the following: “Any 8 contracts made pursuant to this authority shall contain re9 quirements making the results of research and investigations
10 available to the public through dedication, assignment to the
11 Government, or such other means as the Secretary shall 12 determine.".
13 (b) Section 205(a) of the Act of August 14, 1946 (7 14 U.S.C. 1624(a); 60 Stat. 1090) is amended by striking out 15 the following: “Any contract made pursuant to this section 16 shall contain requirements making the result of such research
17 and investigations available to the public by such means as 18 the Secretary of Agriculture shall determine.”. 19 (c) Section 501(c) of the Federal Coal Mine Health and 20 Safety Act of 1969 (30 U.S.C. 951(c); 83 Stat. 742) is 21 amended by striking out the following: “No research, demon22 strations, or experiments shall be carried out, contracted for, 23 sponsored, cosponsored, or authorized under authority of this
24 Act, unless all information, uses, products, processes, pat
25 ents, and other developments resulting from such research,
1 demonstrations, or experiments will (with such exception and 2 limitation, if any, as the Secretary or the Secretary of 3 Health, Education, and Welfare may find to be necessary in 4 the public interest) be available to the general public.”. 5 (d) Section 106(c) of the National Traffic and Motor Ve6 hicle Safety Act of 1966 (15 U.S.C. 1395(0); 80 Stat. 721) is 7 repealed. 8 (e) Section 12 of the National Science Foundation Act
9 of 1950 (42 U.S.C. 1871(a): 82 Stat. 360) is repealed.
10 (1) Section 152 of the Atomic Energy Act of 1954 (42 11 U.S.C. 2182; 68 Stat. 943) is repealed. 12 (g) The National Aeronautics and Space Act of 1958 13 (72 Stat. 426) is amended
(1) by repealing section 305 thereof (42 U.S.C. 2457): Provided, however, That subsections (c), (d), and (e) of such section shall continue to be effective with respect to any application for patents in which the written statement referred to in subsection (c) of such section has been filed or requested to be filed by the Commissioner of Patents and Trademarks prior to the effective date of this Act;
(2) by inserting the following new section 305:
"SEC. 305. INVENTIONS AND CONTRIBUTIONS 24 BOARD.—Each proposal for any waiver of patent rights held 25 by the Administrator shall be referred to an Inventions and
52-476 0 - 80 - 3