Proposed Information Collection; Licensing of Government-Owned Inventions

DEPARTMENT OF COMMERCE

Technology Administration

Proposed Information Collection; Licensing of Government-Owned

Inventions

AGENCY: Technology Administration, Commerce.

ACTION: Proposed collection; comment request.

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SUMMARY: The Department of Commerce, as part of its continuing effort

to reduce paperwork and respondent burden, invites the general public

and other Federal agencies to comment on a continuing information

collection, as required by the Paperwork Reduction Act of 1995, PL 104-

13 (44 U.S.C. 3506(c)(2)(A)).

DATES: Written comments must be received on or before September 7,

1999.

ADDRESSES: Direct all written comments to Linda Engelmeier, Department

Forms Clearance Officer, Room 5327, Herbert C. Hoover Building, U.S.

Department of Commerce, Washington, DC 20230 (or via Internet at

LE[email protected]).

FOR FURTHER INFORMATION CONTACT: John Raubitschek, Department Patent

Counsel, by telephone at (202) 482-8010.

SUPPLEMENTARY INFORMATION:

I. Background

In 1980, the Bayh-Dole Act (PL 96-517) authorized all government

agencies to license their inventions. Each applicant for a license must

submit a marketing or development plan (35 U.S.C. 209(a)). In 1981, GSA

issued a regulation to implement Bayh-Dole and obtained OMB approval

for the collection of information under this regulation.

The licensing regulation was reissued in 1985 by DOC after assuming

the responsibility from GSA in 1984 (35 U.S.C. 208). The details of an

application for a license appear in 37 CFR 404.8 and include a

marketing or development plan. Although it takes time to develop an

effective plan, we expect that most will have a plan in mind before

applying for a license. Periodic utilization reports are authorized by

37 CFR 404.5(b)(6).

About 325 licenses in total are issued every year by Government

agencies. There are about 1,500 active patent licenses and each license

requires an annual utilization report.

II. Data

OMB Number: None (previously cleared under GSA Control No. 8090-

0108).

Form Number: None.

Type of review: Regular submission of a collection in use without

formal OMB approval.

Affected Public: Any person or company seeking a patent license

from the Government and any active licensee.

Estimated Number of Respondents: 400/yr applicants and 1,500/yr

active licensees.

Estimated Times Per Response: 2 hrs per applicant and 15 minutes

per licensee.

Estimated Total Annual Burden Hours: 800 + 400 = 1,200 hrs.

Estimated Total Annual Cost to Public: $0 (no capital costs).

III. Request for Comments

Comments are invited on: (a) Whether the collected information is

necessary to implement 35 U.S.C. 209; (b) the accuracy of the

Department's estimate of the burden (including hours and cost) of the

collection of information; (c) ways to enhance the quality, utility and

clarity of the information to be collected; and (d) ways to minimize

the burden of the collection on respondents.

[[Page 37101]]

Comments submitted in response to this notice will be summarized

and/or included in the request for OMB approval of this information

collection. They will also become a matter of public record.

Dated: July 2, 1999.

Linda Engelmeier,

Department Forms Clearance Officer, Office of the Chief Information

Officer.

[FR Doc. 99-17481 Filed 7-8-99; 8:45 am]

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