Page:United States Statutes at Large Volume 88 Part 2.djvu/573

 88 STAT. ]

PUBLIC LAW 93-577-DEC. 31, 1974

1889

(6) the extent to which the contractor has made or will make substantial investment of financial resources or technology developed at the contractor's private expense which will directly benefit the work to be performed under the contract; (7) the extent to which the field of technology to be funded under the contract has been developed at the contractor's private expense; (8) the extent to which the Government intends to further develop to the point of commercial utilization the results of the contract effort; (9) the extient to which the contract objectives are concerned with the public health, public safety, or public welfare; (10) the likely effect of the waiver on competition and market concentration; and (11) in the case of a nonprofit educational institution, the extent to which such institution has a technology transfer capability and program, approved by the Administrator as being consistent with the applicable policies of this section. (e) In determining whether a waiver to the contractor or inventor of rights to an identified invention will best serve the interests of the United States and the general public, the Administrator shall specifically include as considerations paragraphs (4) through (-11) of subsection (d) as applied to the invention and— (1) the extent to which such waiver is a reasonable and necessary incentive to call forth private risk capital for the development and commercialization of the invention; and (2) the extent to which the plans, intentions, and ability of the contractor or inventor will obtain expeditious commercialization of such invention. (f) Whenever title to an invention is vested in the United States, there may be reserved to the contractor or inventor— (1) a revocable or irrevocable nonexclusive, paid-up license for the practice of the invention throughout the world; and (2) the rights to such invention in any foreign country where the United States has elected not to secure patent rights and the contractor elects to do so, subject to the rights set forth in paragraphs (2), (3), (6), and (T) of subsection (h): Provided, That when specifically requested by the Administration and three years after issuance of such a patent, the contractor shall submit the report specified in subsection (h)(1) of this section. Licen (g)(1) Subject to paragraph (2) of this subsection, the Adminis- la^on^s" s e s, r e g u trator shall determine and promulgate regulations specifying the terms and conditions upon which licenses may be granted in any invention to which title is vested in the United States. (2) Pursuant to paragraph (1) of this subsection, the Adminis- Hearing trator may grant exclusive or partially exclusive licenses in any invention only if, after notice and opportunity for hearing, it is determined that— (A) the interests of the United States and the general public will best be served by the proposed license, in view of the applicant's intentions, plans, and ability to bring the invention to the point of practical or commercial applications; (B) the desired practical or commercial applications have not been achieved, or are not likely expeditiously to be achieved, under any nonexclusive license which has been granted, or which may be granted, on the invention; (C) exclusive or partially exclusive licensing is a reasonable and necessary incentive to call forth risk capital and expenses

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