244 



of the United States and the general public, includ- 

 ing provisions for the following : 



(1) Periodic written reports at reasonable inter- 

 vals, and when specifically requested by the 

 Administration, on the commercial use that is 

 being made or is intended to be made of the 

 invention. 



(2) At least an irrevocable, nonexclusive, paid- 

 up license to make, use, and sell the invention 

 throughout the world by or on behalf of the United 

 States (including any Govej-nment agency) and 

 States and domestic municipal governments, un- 

 less the Administrator determines that it would 

 not be in the public interest to acquire the license 

 for the States and domestic municipal govern- 

 ments. 



(3) The right in the United States to sublicen.sf 

 any foreign government pursuant to any existing 

 or future treaty of agreement if the Administrator 

 determines it would be in the national interest to 

 acquire this right. 



(4) The reservation in the United States of the 

 rights to the invention in any country in which 

 the contractor does not file an application for 

 patent within such time as the Administration 

 shall determine. 



(5) The right in the Administrator to require 

 the granting of a nonexclusive, exclusive, or par- 

 tially exclusive license to a responsible applicant 

 or applicants, upon terms reasonable under the 

 circumstances. (A) to the extent that the inven- 

 tion is required for public use by govemmentaj 

 regulations, or (Bi as may be necessary to fulfill 

 health, safety, or energy needs, or (C) for such 

 other purposes as may be stipulated in the appli- 

 cable agreement. 



( 6 ) The right in the Administrator to terminate 

 such waiver or license in whole or in part unless 

 the recipient of the waiver or license demonstrates 

 to the satisfaction of the Administrator that he 

 has taken effective steps, or within a reasonable 

 time thereafter is expected to take such steps, 

 necessary to accomplish substantial utilization of 

 the invention. 



(7) The right in the Administra/tor, commenc- 

 ing three years after the grant of a license and 

 four years after a waiver is effective as to an 

 invention, to require the granting of a nonexclu- 

 sive or partially exclusive license to a responsible 

 applicant or applicants, upon terms reasonable 

 under the circumstances, and in appropriate cir- 

 cumstances to tei-minate the waiver or license in 

 whole or in part, following a hearing upon notice 

 thereof to the public, upon a petition by an Inter- 

 ested person Justifying such hearing — 



(A) if the Administrator determines, upon re- 

 view of such material as he deems relevant, and 

 after the recipient of the waiver or license, or 

 other interested person, has had the opportunity 

 to provide such relevant and material informa- 

 tion as the Administrator may require, that such 

 waiver or license has tended substantially to 

 lessen competition or to result in undue concen- 

 tration in any section of the country in any line 



of commerce to which the technology relates; or 

 (B) unless the recipient of the waiver or li- 

 cense demonstrates to the satisfaction of the 

 Administrator at such hearing that he has taken 

 effective steps, or within a reasonable time there- 

 after is expected to take such steps, necessary 

 to accomplish substantial utilization of the 

 invention. 



(i) Publication in Federal Register by Administrator 

 of waiver or license termination hearing require- 

 ments and availability of records. 

 The Administrator shall provide an annual peri- 

 odic notice to the public in the Federal Flegister, or 

 other appropriate publication, of the right to have 

 a hearing as provided by subsection (h)(7) of this 

 section, and of the availability of the records of 

 determinations provided in this section. 



(j) Small business status of applicant for waiver or 

 licenses. 

 The Administrator shall, In granting waivers or 

 licenses, consider the small business status of the 

 applicant. 



(k) Protection of invention, etc., rights by Adminis- 

 trator. 

 The Administrator is authorized to take all suit- 

 able and necessary steps to protect any invention or 

 discovery to which the United States holds title, and 

 to require that contractors or persons who acquire 

 rights to Inventions under this section protect such 

 inventions. 



(0 Administration as defense agency of United States 

 for purpose maintaining secrecy of inventions. 

 The Administration shall be considered a defense 

 agency of the United States for the purpose of chap- 

 terl7ofTlUe35. 



(m) Definitions. 



As used in this section — 



(1) the term "person" means any Individual, 

 partnership, corporation, association, Institution, 

 or other entity; 



(2) the term "contract" means any contract, 

 grant, agreement, understanding, or other ar- 

 rangement, which Includes research, development, 

 or demonstration work, and includes any assign- 

 ment, substitution of parties, or subcontract exe- 

 cuted or entered into thereunder; 



(3) the term "made", when used in relation to 

 any invention, means the conception or first actual 

 reduction to practice of such invention ; 



(4) the term "invention" means inventions or 

 discoveries, whether patented or impatented; and 



(5) the term "contractor" means any person 

 having a contract with or on behalf of the Admin- 

 istration. 



(n) Report concerning applicability of existing patent 

 policies to energy programs; time for submission 

 to President and appropriate congressional com- 

 mittees. 



Within twelve months after December 31, 1974, the 

 Administrator with the participation of the Attorney 

 General, the Secretary of Commerce, and other oflB- 

 cials as the President may designate, shall submit to 

 the President and the appropriate congressional 



