Page:United States Statutes at Large Volume 94 Part 2.djvu/1037

 PUBLIC LAW 96-480—OCT. 21, 1980

94 STAT. 2315

(C) the Center intends to promote the commercialization of the invention and file a United States patent application; (D) royalties be used for compensation of the inventor or for educational or research activities of the Center; (E) the Center make periodic reports to the supporting agency, and the supporting agency may treat information contained in such reports as privileged and confidential technical, commercial, and financial information and not subject to disclosures under the Freedom of Information Act; and (F) any Federal department or agency shall have the royaltyfree right to practice, or have practiced on its behalf, the invention for governmental purposes. The supporting agency shall have the right to acquire title to any patent on an invention in any country in which the Center elects not to file a patent application or fails to file within a reasonable time. (2) Where a Center has retained title to an invention under paragraph (1) of this subsection the supporting agency shall have the right to require the Center or its licensee to grant a nonexclusive, partially exclusive, or exclusive license to a responsible applicant or applicants, upon terms that are reasonable under the circumstances, if the supporting agency determines, after public notice and opportunity for hearing, that such action is necessary— (A) because the Center or licensee has not taken and is not expected to take timely and effective action to achieve practical application of the invention; (B) to meet health, safety, environmental, or national security needs which are not reasonably satisfied by the contractor or licensee; or (C) because the granting of exclusive rights in the invention has tended substantially to lessen competition or to result in undue market concentration in the United States in any line of commerce to which the technology relates. (3) Any individual, partnership, corporation, association, institution, or other entity adversely affected by a supporting agency determination made under paragraph (2) of this subsection may, at any time within 60 days after the determination is issued, file a petition to the United States Court of Claims which shall have jurisdiction to determine that matter de novo and to affirm, reverse, or modify as appropriate, the determination of the supporting agency. (f) ADDITIONAL CONSIDERATION.—The supporting agency may request the Attorney General's opinion whether the proposed joint research activities of a Center would violate any of the antitrust laws. The Attorney General shall advise the supporting agency of his determination and the reasons for it within 120 days after receipt of such request. SEC. 7. GRANTS AND COOPERATIVE AGREEMENTS.

(a) IN GENERAL.—The Secretary may make grants and enter into cooperative agreements according to the provisions of this section in order to assist any activity consistent with this Act, including activities performed by individuals. The total amount of any such grant or cooperative agreement may not exceed 75 percent of the total cost of the program. 0)) ELIGIBILITY AND PROCEDURE.—Any person or institution may

apply to the Secretary for a grant or cooperative agreement available under this section. Application shall be made in such form and manner, and with such content and other submissions, as the Direc-

Applicant licensing requirement.

U.S. Courts of Claims, petition.

Antitrust laws.

15 USC 3706.

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