December 22, 1987
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;''.
The White House,
December 22, 1987.
[Filed with the Office of the Federal Register, 10:32 a.m., December 23, 1987]