About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

RCED-00-240R 1 (2000-08-08)

handle is hein.gao/gaobaalqi0001 and id is 1 raw text is: SGAO ~~Accountabiitty Integrity *Reliabiity United States General Accounting Office Resources, Community, and Washington, DC 20548 Economic Development Division B-285211 August 8, 2000 The Honorable Robert F. Bennett United States Senate Subject: NASA's Administrative Review of a Patent Infringement Claim Dear Senator Bennett: On February 7, 2000, the National Aeronautics and Space Administration (NASA) responded to an inventor's complaint that the agency had used his patented technology without approval, compensation, or acknowledgment. NASA told the inventor that it had conducted an administrative review of the matter and concluded that there was no infringement. The inventor contacted you about this matter, and you asked us to review NASA's administrative action on his complaint. As agreed with your office, this report addresses (1) whether NASA adhered to established procedures in conducting its administrative review of the inventor's infringement claim and (2) what criteria NASA used in reaching its decision. As also agreed, we take no position as to whether NASA infringed the inventor's patent. Results in Brief NASA reviewed the inventor's complaint in accordance with its procedures governing administrative reviews of patent infringement claims. Even though the inventor never filed an official claim, NASA treated his complaint as an infringement claim because it had no other mechanism for investigating allegations of infringement and wanted to remove any doubt that it had infringed the patent in question. Also, NASA and the inventor agree that the agency's decision to treat his allegation as an infringement claim probably will work to his advantage if he chooses to bring an infringement suit. The inventor was correct that NASA used the same attorney to conduct the administrative review that earlier had been involved in licensing negotiations on his patent. While this does not violate NASA's procedures, it is inconsistent with federal internal control standards, and NASA said it would separate the duties if such a case arose in the future. NASA applied federal patent law to reach its decision. NASA interpreted the law as providing that only the patent claims-those specific elements set out in the patent GAO/RCED-00-240R Review of NASA's Administrative Action

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most