legislation: 98-hr-4964
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| 98-hr-4964 | 98 | hr | 4964 | Uniform Patent Procedures Act of 1984 | Commerce | 1984-02-28 | 1984-05-15 | Referred to House Committee on Post Office and Civil Service Sequentially, for a Period Ending not Later than 6/15/84. | House | Rep. Sensenbrenner, F. James, Jr. [R-WI-9] | WI | R | S000244 | 1 | Uniform Patent Procedures Act of 1984 - Sets forth the policy and objectives of this Act. Authorizes the Secretary of Commerce to issue implementing regulations. Provides that Federal contractors may automatically own inventions they make under Government research and development contracts unless: (1) it is determined that the discovery is needed for foreign intelligence or counterintelligence purposes; (2) the contractor is not located in the United States or is a foreign government; or (3) it is determined on a case-by-case basis that exceptional circumstances require Federal ownership. Requires these determinations to be made in writing and filed with the Secretary. Provides that if a contractor does not elect to file a patent application, the Federal agency may then assert ownership. Provides that the agency may use a subject invention royalty free and can require that it be kept updated on utilization of the contractor. Provides that agencies may force contractors to grant licenses to competitors for using an invention made under Federal research and development contracts: (1) if effective steps are not being taken toward commercialization; (2) to alleviate serious health or safety needs not being satisfied by the contractor; or (3) to meet requirements for public use specified by Federal regulations not being satisfied by the contractor. Permits a contractor to appeal such a determination within 60 days to the United States Claims Court. Assures that the owner of a patent will not be deprived of any background patent or of any rights under such patent. Prohibits agencies from requiring contractors to give up privately developed technologies to competitors in order to secure a contract, unless specifically approved by the agency head with a written justification. Repeals specified provisions of the patent law. Specifies that nothing in this Act shall be construed to grant any civil or criminal immunity from any antitrust law of the United States. Provides that this Act becomes effective six months after enactment. Authorizes an agency to apply its provisions to pre- existing contracts where deemed appropriate. Requires the Secretary to report to the Congress within 24 months, and every two years thereafter, on the implementation of this Act with recommendations for legislative or administrative changes. | 2025-08-29T17:40:42Z |