Government use rights under 35 USC 202 (c)(4) of the Bayh-Dole Act

[James Love <love@cptech.org>]

This is the US statute under which the US government can
permit the World Health Organization (WHO) or a foreign
government to use a patent help by a business, University 
or other contractor or grant precipitant, if the patent
is based upon research that was funded by the government.
The WHO wants this authority, but so far the Clinton/Gore 
administration has declined to use this authority to make 
drugs available to developing countries.  

  Jamie Love


35 USC 202 (c)(4) of the Bayh-Dole Act



http://www4.law.cornell.edu/uscode/35/202.html

Sec. 202. Disposition of rights 

     (c) Each funding agreement with a small business firm or
nonprofit organization shall contain appropriate provisions to
effectuate the following: 

   ....

         (4) With respect to any invention in which the
contractor elects rights, the Federal agency shall have a
nonexclusive, nontransferrable, irrevocable, paid-up license to
practice or have practiced for or on behalf of the United States
any subject invention throughout the world: Provided, That the
funding agreement may provide for such additional rights; [3]
including the right to assign or have assigned foreign patent
rights in the subject invention, as are determined by the agency
as necessary for meeting the obligations of the United States
under any treaty, international agreement, arrangement of
cooperation, memorandum of understanding, or similar arrangement,
including military agreement relating to weapons development and 
production. 



-- 
James Love, Director, Consumer Project on Technology
I can be reached at love@cptech.org, by telephone 202.387.8030,
by fax at 202.234.5176. CPT web page is http://www.cptech.org