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H.R. 5715 · 96th CongressIn committee

Uniform Federal Research and Development Utilization Act of 1979

Latest action. Referred to House Committee on Science and Technology. · October 26, 1979

Live record from Congress.gov, updated as the official record changes.
What this bill would do
Official summary · Congressional Research Service

Uniform Federal Research and Development Utilization Act of 1979 - Title I: Policy - Declares that the public interest would be better served if greater efforts were made to obtain patent protection for and to promote the commercial use of new technology resulting from federally-sponsored research. Declares it the purpose of this Act to establish a uniform Federal system for the management and use of the results of federally-sponsored scientific and technological research and development. Title II: Functions of the Office of Science and Technology Policy and the Federal Coordinating Council for Science, Engineering, and Technology - Requires the Federal Coordinating Council for Science, Engineering, and Technology to make recommendations to the Director of the Office of Science and Technology Policy with regard to the uniform planning and administration of Federal programs pertaining to inventions, patents, trademarks, copyrights, and rights in technical data, such recommendations to be transmitted by the Director to Federal agencies. Title III: Allocation of Property Rights in Inventions Resulting from Federally Sponsored Research and Development - Establishes criteria for the issuance of regulations by the Administrator of General Services and the Secretary of Defense for the allocation of property rights in subject inventions. Requires all contractors to report to the sponsoring Federal agency each patentable subject invention as well as the contractor's intent to file a patent application and commercialize such invention. Declares that each Federal agency shall acquire on behalf of the Federal government, at the time of contracting, title to any invention made under the contract of a Federal agency if the agency determines: (1) the services of the contractor are for the operation of a Government-owned research or production facility; (2) acquisition of title is necessary because of the national security nature of the work being performed; (3) because of the exceptional circumstances, acquisition of title by the Government is necessary to assure the adequate protection of the public health, safety, or welfare; (4) the principal purpose of the contract is to develop or improve products, processes, or methods which will be required for use by Government regulations; and (5) in any exceptional contracting situation, that the ownership of title to inventions developed under such a contract is necessary to the accomplishment of the agency's mission. Specifies, in other situations, the minimum rights, with respect to any invention, which each Federal agency shall acquire at the time of contracting. Stipulates that the contractor shall retain a defeasible title only to those subject inventions on which the contractor files a United States patent application and declares its intent to achieve practical application of the subject invention. Authorizes each sponsoring Federal agency to extend the period of the contractor's exclusive commercial rights established under this Act. Requires the Administrator of the General Services Administration and the Secretary of Defense to issue regulations which will provide payment to the government for Federal funding of research and development activities through the sharing of royalties and/or revenues with the contractor. Requires that all inventions made by Federal employees while under the administrative jurisdiction of a Federal agency be reported to the authority of such agency. Establishes criteria for the allocation of rights to inventions between the Federal Government and the Federal employee-inventor. Stipulates that the Federal Government shall obtain the entire right, title, and interest in and to all inventions by any Federal employee which bear a relation to the duties of such employee-inventor, or which are made in consequence of employment. Authorizes an incentive awards program to reward and stimulate Federal employee-inventors. Authorizes Federal agencies to share income from patent licenses with the Federal employee-inventor. Title IV: Domestic and Foreign Protection and Licensing of Federally Owned Inventions - Specifies the authority of Federal agencies with respect to obtaining patents, promoting licensing of inventions, granting licenses, conducting market surveys, transferring custody of patents, and receiving funds. Authorizes the Secretary of Commerce to coordinate a program for assisting Federal agencies in protecting and licensing federally-owned inventions. Authorizes the Administrator of General Services to promulgate regulations specifying the terms upon which any federally-owned invention may be licensed. Sets forth the procedure whereby Federal agencies may grant exclusive or partially exclusive licenses in any invention covered by a federally-owned domestic patent or patent application. Title V: Miscellaneous - Amends specified Acts to conform to the provisions of this Act.

Written by analysts at the Congressional Research Service and published on Congress.gov, not by Civibrief. Summarized at the "Introduced in House" stage on October 26, 1979. It describes the bill, it is not the legal text.

Status
Introduced
October 26, 1979
In committee
October 26, 1979
Passed a chamber
Cleared Congress
Enacted
Where this sits in the process
Common questions
Composed from the official record
Where is it in the process, and what happens next?

4 steps remain before this bill could become law.

The record's latest action, on October 26, 1979: Referred to House Committee on Science and Technology.

  1. Clearing the committees it was referred to, and being scheduled for a floor vote
  2. Passage by the House
  3. Passage by the Senate
  4. The President's signature. If the President vetoes it, two-thirds of both chambers must vote to override.
How likely is it to become law?

Civibrief does not forecast outcomes and this page has no opinion about this one. What the record supports is a base rate, which is a fact about the whole pile, not a prediction about this measure.

In the 96th Congress (1979-80), 613 of the 12,581 bills and joint resolutions introduced became law, about 4.9 percent. That count covers every measure at every stage, including the many that never left committee.

This one is not there yet: 4 steps are still outstanding, listed above.

Has anyone actually voted on it?

No. No roll call in this Congress cites this measure. That is the ordinary outcome: most measures never reach a recorded floor vote, and a committee ends most of them simply by not acting.

A vote is not the only thing that happens to a measure. Hearings, markups, and referrals are all recorded actions, and none of them is a vote of the full chamber.

Who is behind it?

ALLEN ERTEL (D-PA) introduced it on October 26, 1979, and 14 members have since signed on as cosponsors.

They come from both major parties: 10 Democrats, 4 Republicans.

Cosponsoring is a formal signature on the text. It is not a commitment to vote for the measure, it does not bind anyone's party, and a long list of cosponsors is a measure of attention rather than of prospects.

How long has it been in play?

It was introduced on October 26, 1979, 17168 days ago. The most recent recorded action was 17168 days ago, on October 26, 1979.

Measures do not carry over. Anything the 96th Congress has not finished by January 3, 1981 dies when the term ends, and has to be introduced again from the start in the next Congress.

Every answer above is assembled from this measure's own record on Congress.gov and from published counts of what Congress has passed before. Civibrief does not predict outcomes and takes no position on any measure.

Vote history

  1. House
    In committee, no floor vote yet
  2. Senate
    Awaits House passage
  3. President
    Awaits both chambers
No recorded votes yet
No roll call in this Congress cites this bill. Most bills die in committee without ever reaching a recorded floor vote.