Executive Order 12618 --
Uniform Treatment of Federally Funded Inventions
By
the authority vested in me as President by the Constitution and laws of the United
States of America, and having concluded that the ability of the United States
to achieve the statutorily prescribed policy (35 U.S.C. 200) of using the
patent system to promote the utilization of inventions arising from federally
supported research or development requires that Federal agencies follow uniform
policies in administering patents and licenses conceived or first reduced to
practice during the course of federally funded research, Executive Order No.
12591 of April 10, 1987, is amended by redesignating
Sections 1(b) (5) and (6) as 1(b) (6) and (7), respectively, and by adding a
new Section 1(b)(5) as follows:
``(5)
administer all patents and licenses to inventions made with federal assistance,
which are owned by the non-profit contractor or grantee, in accordance with
Section 202(c)(7) of Title 35 of the United States Code as amended by Public
Law 98 - 620, without regard to limitations on licensing found in that section
prior to amendment or in Institutional Patent Agreements now in effect that
were entered into before that law was enacted on November 8, 1984, unless, in
the case of an invention that has not been marketed, the funding agency
determines, based on information in its files, that the contractor or grantee
has not taken adequate steps to market the inventions, in accordance with
applicable law or an Institutional Patent Agreement;''.
Ronald
Reagan
The
White House,
[Filed with the Office of the Federal Register,