Page:United States Statutes at Large Volume 88 Part 2.djvu/575

 88 STAT. ]

PUBLIC LAW 93-577-DEC. 31, 1974

1891

(A) if the Administrator determines, upon review of such material as he deems relevant, and after the recipient of the waiver or license, or other interested person, has had the opportunity to provide such relevant and material information as the Administrator may require, that such waiver or license has tended substantially to lessen competition or to result in undue concentration m any section of the country in any line of commerce to which the technology relates; or (B) unless the recipient of the waiver or license demonstrates to the satisfaction of the Administrator at such hearing that he has taken effective steps, or within a reasonable time thereafter is expected to take such steps, necessary to accomplish substantial utilization of the invention. Publication in (i) The Administrator shall provide an annual periodic notice to Federal Register. the public in the Federal Kegister, or other appropriate publication, of the right to have a hearing as provided by subsection (h)(7) of this section, and of the availability of the records of determinations provided in this section. (j) The Administrator shall, in granting waivers or licenses, consider the small business status of the applicant. (k) The Administrator is authorized to take all suitable and necessary steps to protect any invention or discovery to which the United States holds title, and to require that contractors or persons who acquire rights to inventions under this section protect such inventions. (1) The Administration shall be considered a defense agency of the United States for the purpose of chapter 17 of title 35 of the United States Code. 35 USC 181. (m) As used in this section— Definitions, (1) the term "person" means any individual, partnership, corporation, association, institution, or other entity; (2) the term "contract" means any contract, grant, agreement, understanding, or other arrangement, which includes research, development, or demonstration work, and includes any assignment, substitution of parties, or subcontract executed or entered into thereunder; (3) the term "made", when used in relation to any invention, means the conception or first actual reduction to practice of such invention; (4) the term "invention" means inventions or discoveries, whether patented or unpatented; and (5) the term "contractor" means any person having a contract with or on behalf of the Administration, Report, Submit(n) Within twelve months after the date of the enactment of this tal to President Act, the Administrator with the participation of the Attorney Gen- and congressional eral, the Secretary of Commerce, and other officials as the President committees. may designate, shall submit to the President and the appropriate congressional committees a report concerning the applicability of existing patent policies affecting the programs under this Act, along with his recommendations for amendments or additions to the statutory patent policy, including his recommendations on mandatory licensing, which he deems advisable for carrying out the purposes of this Act. RELATIONSHIP TO ANTITRUST LAWS

SEC. 10. (a) Nothing in this Act shall be deemed to convey to any individual, corporation, or other business organization immunity from civil or criminal liability, or to create defenses to actions, under the antitrust laws. (b) As used in this section, the term "antitrust law" means—

42 USC 5909.

"Antitrust law."

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