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

[James Love <love@cptech.org>]

Sometimes a spell check can just cause its own problems.
 
Please note the following typos.  Jamie


James Love wrote:
> 
> 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

                             held by

> or other contractor or grant precipitant, if the patent

                        recipient

    
> 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

-- 
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