Page:United States Statutes at Large Volume 94 Part 3.djvu/375

 PUBLIC LAW 96-517—DEC. 12, 1980

94 STAT. 3019

"CHAPTER 38—PATENT RIGHTS IN INVENTIONS MADE WITH FEDERAL ASSISTANCE "Sec. "200. Policy and objective. "201. Definitions. "202. Disposition of rights. "203. March-in rights. "204. Preference for United States industry. "205. Confidentiality. "206. Uniform clauses and regulations. "207. Domestic and foreign protection of federally owned inventions. "208. Regulations governing Federal licensing. "209. Restrictions on licensing of federally owned inventions. "210. Precedence of chapter. "211. Relationship to antitrust laws.

"§ 200. Policy and objective 35 USC 200. "It is the policy and objective of the Congress to use the patent system to promote the utilization of inventions arising from federally supported research or development; to encourage maximum participation of small business firms in federally supported research and development efforts; to promote collaboration between commercial concerns and nonprofit organizations, including universities; to ensure that inventions made by nonprofit organizations and small business firms are used in a manner to promote free competition and enterprise; to promote the commercialization and public availability of inventions made in the United States by United States industry and labor; to ensure that the Government obtains sufficient rights in federally supported inventions to meet the needs of the Government and protect the public against nonuse or unreasonable use of inventions; and to minimize the costs of administering policies in this area. "§ 201. Definitions 35 USC 201. "As used in this chapter— "(a) The term 'Federal agency' means any executive agency as defined in section 105 of title 5, United States Code, and the military departments as defined by section 102 of title 5, United States Code. "(b) The term 'funding agreement' means any contract, grant, or cooperative agreement entered into between any Federal agency, other than the Tennessee Valley Authority, and any contractor for the performance of experimental, developmental, or research work funded in whole or in part by the Federal Government. Such term includes any assignment, substitution of parties, or subcontract of any type entered into for the performance of experimental, developmental, or research work under a funding agreement as herein defined. "(c) The term 'contractor' means any person, small business firm, or nonprofit organization that is a party to a funding agreement. "(d) The term 'invention' means any invention or discovery which is or may be patentable or otherwise protectable under this title. "(e) The term 'subject invention' means any invention of the contractor conceived or first actually reduced to practice in the performance of work under a funding agreement. "(0 The term 'practical application' means to manufacture in the case of a composition or product, to practice in the case of a process or method, or to operate in the case of a machine or system; and, in each case, under such conditions as to establish

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