An analysis of the evolution of government patent policy in research and development contracts

Abstract

This thesis presents the historical development of Government Patent policy with respect to the rights to inventions arising from Federally-funded research and development contracts. Following World War II, the steadily increasing Government investment in R&D activities focused national attention on the controversial issue of patent rights. Several decades of debate notwithstanding, no uniform Government patent policy exists today. the 1980 amendments to the U.S. patent and trademark laws represent a compromise between the advocates of the "title" and "license" schools of thought. The interaction of the Executive, Legislative and Judicial Branches in attempting to establish a uniform Government patent policy applicable to all Federal agencies and departments has been unsuccessful. This situation provides the impetus for future legislative efforts in this area. This thesis provides recommendations for evaluating the impact of the 1980 amendments and insuring that the agency patent policy provisions are promptly implemented.