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The Patent and Trademark Amendments of 1980 (P.L. 96-517) require
Results in Brief
On an annual average between fiscal years 1987 and 1990, the 12 federal agencies and 16 contractor-operated laboratories filed 1,578 patent applications, were issued 979 patents by the U.S. Patent and Trademark Office, and granted 164 licenses. In comparison, on an annual average between fiscal years 1981 and 1986, these agencies and laboratories filed 1,559 patent applications, were issued 1,193 patents, and granted 130 licenses. The agencies and laboratories increased the percentage of licenses requiring royalty payments from less than 50 percent of the licenses granted in the early 1980s to 95 percent of the licenses granted in fiscal year 1990. A royalty-bearing license generally indicates a significant commitment by the licensee to invest in commercializing a licensed invention.
The federal patent attorneys and licensing officials interviewed said
The Patent and Trademark Amendments of 1980 were among the first
The Department of Commerce's governmentwide regulations for licensing government-owned inventions require that, before granting an exclusive license, federal agencies (1) obtain an applicant's plans for
Under an exclusive license, only one licensee has the right to make, use, or sell an invention during the patent's 17-year life. Under a partially exclusive license, the number of licensees, term of exclusivity, field of use, or territory of use may be restricted.