A history and analysis of section 1498 of title 28 of the United States code dealing with unlicensed use of patents by the United States Government and its effect on procurement.

Abstract

This thesis traces the development of Section 1498 of Title 28 of the United States Code. This section deals with the unlicensed use of patents by the United States Government. The effect of this statute and its interpretations by the Comptroller General of the United States in Government procurement situations is examined. The effects of these interpretations and their impact on the patent holder, licensee and unlicensed contractor are examined. Research was based heavily on the decisions of the Federal courts and the Comptroller General. Additional research was accumulated from published sources, both legally and commercially oriented. Finally, recommendations are provided which could improve the equity and reduce the costs involved with the unauthorized use of patents,