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RCED-84-26 1 (1984-02-28)

handle is hein.gao/gaobabekl0001 and id is 1 raw text is: 




REPORT BY THE


Comptroller General


OF THE UNITED STATES




Major Federal Research And Development

Agencies Are Implementing The Patent And

Trademark Amendments Of 1980


,:The Patent and Trademark Amendments of 1980 (Public Law 96-517)
established a uniform patent policy for small businesses and nonprofit
organizations that gives them, with limited exceptions, the option to retain
title to inventions resulting from federally sponsored research projects.
This is the second annual report submitted by the Comptroller General on
how federal agencies are carrying out this law.

Major federal research and development agencies have incorporated
provisions of the law and Office of Management and Budget (OMB)
guidance into their procurement regulations to ensure uniform imple-
mentation throughout the agencies. Only two agencies--the Department
of Energy (DOE) and the National Aeronautics and Space Administration
(NASA)--have reported determinations to withhold from certain inventors
the rights to inventions resulting from agency-sponsored projects.

GAO recognizes that DOE's and NASA's determinations to withhold
rights were within their discretion. However, GAO believes that, in two of
the instances in which DOE withheld rightsfrom the inventors, letting the
inventors retain the rights would have been more in keeping with the
policies underlying Public Law 96-517. Also, in two other instances, DOE
could possibly have lessened the effect on the inventors by withholding
only those uses of the inventions needed by the government.

Overall, GAO found no pattern of determinations by NASA or DOE con-
trary to the policy and objectives of the law. In addition, GAO found no
agency policies or practices not in conformance with the law.




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                   4-                                        FEBRUARY 28, 1984


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