Page:United States Statutes at Large Volume 114 Part 3.djvu/647

 PUBLIC LAW 106-404—NOV. 1, 2000 114 STAT. 1745 SEC. 5. MODIFICATION OF STATEMENT OF POLICY AND OBJECTIVES FOR CHAPTER 18 OF TITLE 35, UNITED STATES CODE. Section 200 of title 35, United States Code, is amended by striking "enterprise;" and inserting "enterprise without unduly encumbering future research and discovery;" SEC. 6. TECHNICAL AMENDMENTS TO BAYH-DOLE ACT. Chapter 18 of title 35, United States Code (popularly known as the "Bayh-Dole Act"), is amended— (1) by amending section 202(e) to read as follows: "(e) In any case when a Federal employee is a coinventor of any invention made with a nonprofit organization, a small business firm, or a non-Federal inventor, the Federal agency employing such coinventor may, for the purpose of consolidating rights in the invention and if it finds that it would expedite the development of the invention— "(1) license or assign whatever rights it may acquire in the subject invention to the nonprofit organization, small business firm, or non-Federal inventor in accordance with the provisions of this chapter; or "(2) acquire any rights in the subject invention from the nonprofit organization, small business firm, or non-Federal inventor, but only to the extent the party from whom the rights are acquired voluntarily enters into the transaction and no other transaction under this chapter is conditioned on such acquisition."; and (2) in section 207(a)— (A) by striking "patent applications, patents, or other forms of protection obtained" and inserting "inventions" in paragraph (2); and (B) by inserting ", including acquiring rights for and administering royalties to the Federal Government in any invention, but only to the extent the party from whom the rights are acquired voluntarily enters into the transaction, to facilitate the licensing of a federally owned invention" after "or through contract" in paragraph (3). SEC. 7. TECHNICAL AMENDMENTS TO THE STEVENSON-WYDLER TECH- NOLOGY INNOVATION ACT OF 1980. The Stevenson-Wydler Technology Innovation Act of 1980 is amended— (1) in section 4(4) (15 U.S.C. 3703(4)), by striking "section 6 or section 8" and inserting "section 7 or 9"; (2) in section 4(6) (15 U.S.C. 3703(6)), by striking "section 6 or section 8" and inserting "section 7 or 9"; (3) in section 5(c)(ll) (15 U.S.C. 3704(c)(ll)), by striking "State of local governments" and inserting "State or local governments"; (4) in section 9 (15 U.S.C. 3707), by— (A) striking "section 6(a)" and inserting "section 7(a)"; (B) striking "section 6(b)" and inserting "section 7(b)"; and (C) striking "section 6(c)(3)" and inserting "section 7(c)(3)"' (5) in section 11(e)(1) (15 U.S.C. 3710(e)(1)), by striking "in cooperation with Federal Laboratories" and inserting "in cooperation with Federal laboratories";

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