S.414--The University and Small Business Patent Procedures Act

The proposed University and Small Business Patent Procedures Act would establish a Government-wide patent policy for Federal agencies to follow in dealing with small businesses and nonprofit organizations performing Government supported research and development. The proposed legislation would overcome much of the confusion of prior attempts to establish a uniform patent policy for the Federal Government. The treatment of other business entities would still be governed by Presidential policy or statute. Patent policy legislation is needed to unify agency practices for allocating rights to contractor inventions and to clarify agency authority to grant exclusive licenses for Government-owned inventions. Agencies are often free to move in almost any direction. The proposed legislation addresses the administrative and legislative-based problems of the agencies. The act would establish uniform Government-wide procedures for small business, university, and other nonprofit organizations to obtain title to inventions arising from Government supported research and development and would also provide authority and a legislative framework for the licensing of Government-owned inventions. These statutory guidelines would make clear the authority of all agencies to issue exclusive license under patents held by them.