Page:United States Statutes at Large Volume 94 Part 2.djvu/1036

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PUBLIC LAW 96-000—MMMM. DD, 1980

94 STAT. 2314

PUBLIC LAW 96-480—OCT. 21, 1980

(5) the utilization of the capability and expertise, where appropriate, that exists in Federal laboratories; and (6) the development of continuing financial support from other mission agencies, from State and local government, and from industry and universities through, among other means, fees, licenses, and realties. (b) AcTiviTiES.—The activities of the Centers shall include, but need not be limited to— (1) research supportive of technological and industrial innovation including cooperative industry-university basic and applied research; (2) assistance to individuals and small businesses in the generation, evaluation and development of technological ideas supportive of industrial innovation and new business ventures; (3) technical assistance and advisory services to industry, particularly small businesses; and (4) curriculum development, training, and instruction in invention, entrepreneurship, and industrial innovation. Each Center need not undertake all of the activities under this subsection. (c) REQUIREMENTS.—Prior to establishing a Center, the Secretary shall find that— (1) consideration has been given to the potential contribution of the activities proposed under the Center to productivity, employment, and economic competitiveness of the United Stated; (2) a high likelihood exists of continuing participation, advice, financial support, and other contributions from the private sector; (3) the host university or other nonprofit institution has a plan for the management and evaluation of the activities proposed within the particular Center, including: (A) the agreement between the parties as to the allocation of patent rights on a nonexclusive, partially exclusive, or exclusive license basis to and inventions conceived or made under the auspices of the Center; and (B) the consideration of means to place the Center, to the maximum extent feasible, on a self-sustaining basis; (4) suitable consideration has been given to the university's or other nonprofit institution's capabilities and geographical location; and (5) consideration has been given to any effects upon competition of the activities proposed under the Center. (d) PiANNiNG GRANTS. —The Secretary is authorized to make available nonrenewable planning grants to universities or nonprofit institutions for the purpose of developing a plan required under subsection (c)(3). Inventions, title

acquisition.

(e) RESEARCH AND DEVELOPMENT U T I U Z A T I O N. — (1) To p r o m o t e

technological innovation and commercialization of research and development efforts, each Center has the option of acquiring title to any invention conceived or made under the auspices of the Center that was supported at least in part by Federal funds: Provided, That— (A) the Center reports the invention to the supporting agency together with a list of each country in which the Center elects to file a patent application on the invention; (B) said option shall be exercised at the time of disclosure of invention or within such time thereafter as may be provided in the grant or cooperative agreement;