Page:United States Statutes at Large Volume 94 Part 3.djvu/383

 PUBLIC LAW 96-517—DEC. 12, 1980

94 STAT. 3027

ance of funding agreements with persons other than nonprofit organizations or small business firms. "(c) Nothing in this chapter is intended to limit the authority of Rights, agencies to agree to the disposition of rights in inventions made in the disposition. performance of work under funding agreements with persons other than nonprofit organizations or small business firms in accordance with the Statement of Government Patent Policy issued on August 23, 1971 (36 Fed. Reg. 16887), agency regulations, or other applicable regulations or to otherwise limit the authority of agencies to allow such persons to retain ownership of inventions. Any disposition of rights in inventions mdde in accordance with the Statement or implementing regulations, including any disposition occurring before enactment of this section, are hereby authorized. "(d) Nothing in this chapter shall be construed to require the Disclosure. disclosure of intelligence sources or methods or to otherwise affect the authority granted to the Director of Central Intelligence by statute or Executive order for the protection of intelligence sources or methods. "§ 21L Relationship to antitrust laws 35 USC 2ii. "Nothing in this chapter shall be deemed to convey to any person immunity from civil or criminal liability, or to create any defenses to actions, under any antitrust law.". (b) The table of chapters for title 35, United States Code, is amended by adding immediately after the item relating to chapter 37 the following: "38. Patent rights in inventions made with Federal assistance.". SEC. 7. AMENDMENTS TO OTHER ACTS.—The following Acts are

amended as follows: (a) Section 156 of the Atomic Energy Act of 1954 (42 U.S.C. 2186; 68 Stat. 947) is amended by deleting the words "held by the Commission or". (b) The National Aeronautics and Space Act of 1958 is amended by repealing paragraph (g) of section 305 (42 U.S.C. 2457(g); 72 Stat. 436). (c) The Federal Nonnuclear Energy Research and Development Act of 1974 is amended by repealing paragraphs (g), (h), and (i) of section 9 (42 U.S.C. 5908 (g), (h), and (i); 88 Stat. 1889-1891). SEC. 8. (a) Sections 2, 4, and 5 of this Act will take effect upon Effective dates, enactment. 35 USC 41 note. (b) Section 1 of this Act will take effect on the first day of the seventh month beginning after its enactment and will apply to patents in force as of that date or issued thereafter. (c) Section 3 of this Act will take effect on the first day of the first fiscal year beginning on or after one calendar year after enactment. However, until section 3 takes effect, the Commissioner may credit the Patent and Trademark Office appropriation account in the Treasury of the United States with the revenues from collected rexamination fees, which will be available to pay the costs to the Office of rexamination proceedings. (d) Any fee in effect as of the date of enactment of this Act will remain in effect until a corresponding fee established under section 41 of title 35, United States Code, or section 1113 of title 15, United States Code, takes effect. (e) Fees for maintaining a patent in force will not be applicable to patents applied for prior to the date of enactment of this Act.

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