Patent Law Amendments of 1980

Patent Law Amendments of 1980 - Sets forth patent rights in inventions made with Federal assistance. Permits nonprofit organizations or small business firms to retain title to any subject invention except when the funding agreement provides otherwise. Sets forth the factors which would determine such retention of title. Makes such determinations subject to the review of the Comptroller General. Directs the Comptroller General to advise the head of an agency when he believes that such agency's patterns of determinations are contrary to the policies and objectives of these provisions. Directs the Comptroller General to transmit a report to the appropriate committees of Congress on the manner in which such provisions are being implemented.

Sets forth the requirements of a funding agreement with a small business firm or nonprofit organization, including: (1) a requirement that the contractor disclose each subject invention to the Federal agency within a specified time or lose title rights; (2) a requirement that a contractor electing rights file patent applications within a reasonable time; (3) a requirement that a contractor electing rights permit the Federal agency a nonexclusive, nontransferable, irrevocable, paid-up license to practice or have practiced for or on behalf of the United States any subject invention throughout the world; (4) the right of the Federal agency to periodic reporting on the utilization of such patent by the contractor or his licensees; (5) an obligation to include within the specification of a patent application a statement specifying that the invention was made with Government support and that the Government retains specified rights in such invention; and (6) prohibition upon the assignment of rights to a subject invention by a nonprofit organization without the approval of the Federal agency, except as specified.

Permits a Federal agency to consider a request for retention of rights by the inventor when a contractor does not elect to retain title to a subject invention. Prohibits a funding agreement from requiring the licensing to third parties of inventions owned by the contractor that are not subject inventions unless the head of the agency determines the use of the invention by others is necessary for the practical application of a subject invention or for the use of a work object of the funding agreement and can provide written justification for such determination. Makes such a determination subject to a hearing and judicial review.

Grants a Federal agency the right to require the contractor, assignee, or exclusive licensee of a subject invention to grant a license in any field of use to a responsible applicant. Permits the Federal agency to grant such a license itself as specified.

Entitles the United States to a specified percentage of the gross income received in any one licensing year from the licensing of a subject invention or several related subject inventions up to the amount of Federal funding under the funding agreement.

Requires any person receiving the exclusive right to use or sell any subject invention in the United States to agree that any products embodying the subject invention or produced through the use of such invention will be manufactured substantially by the United States. Permits the waiver of such an agreement as specified.

Authorizes Federal agencies to: (1) keep confidential any invention in which the Federal Government owns or may own an interest for a reasonable time to permit the filing of a patent application; and (2) exercise specified patent rights in inventions in which the Federal Government owns an interest.

Requires persons requesting a license to supply the Federal agency granting such license with a plan for development and/or marketing of the invention. Permits the agency to grant exclusive or partially exclusive licenses in any invention if: (1) the interests of the Federal Government would be served thereby; (2) the desired practical application has not or will not be achieved under a non-exclusive license; and (3) such licensing is a reasonable and necessary incentive to achieve the investment of risk capital and expenditures.

States that first preference in the exclusive or partially exclusive licensing of such inventions shall go to small business firms likely to bring the invention to practical application. Requires each Federal agency to maintain a record of determinations to grant exclusive or partially exclusive licenses. Sets forth conditions under which such license may be granted, including the periodic reporting of utilization efforts and the right of the Federal agency to terminate such license.

States that this Act shall take precedence over any other Act which would require a disposition of rights in inventions of small business firms or nonprofit organization contractors in a manner which is inconsistent with this Act.

Directs the Commissioner of Patents and Trademarks to establish regulations governing: (1) the citation to the Patent and Trademark Office of prior art patents or publications which are pertinent to a later patent; and (2) the reexamination of a patent to determine whether such a prior patent or publication has any bearing on the patentability of any claim of such patent. Authorizes any individual to: (1) cite to the Office any such prior patent; and (2) request such a reexamination.

Requires the Commissioner within 90 days of such a request to make a determination as to whether the cited prior patent raises a new question of the patentability of any claim of the later patent. Authorizes the Commissioner on his or her own initiative to make such a determination at any time. States that a determination that no new question is raised shall be final. Directs the Commissioner, upon determining that there is a new question of patentability, to order and conduct a reexamination. Requires that the patent owner be provided at least two months to file a statement on such question and that the person making the reexamination request be provided two months to respond to such statement.

Declares that the patent owner shall be provided an opportunity in any reexamination to amend any claim of the patent in order to distinguish the claim from the prior patent cited, or in response to a decision adverse to the patentability of the claim. Authorizes the owner to appeal any adverse decision.

Directs the Commissioner, upon the conclusion of any reexamination or appeal proceeding, to issue and publish a certificate cancelling any unpatentable claim, confirming any valid claim, and incorporating any amended claim in the patent.

Declares that no prior patent or publication may be relied upon as evidence of nonpatentability in a civil action involving the validity or infringement of a patent unless: (1) the prior patent or publication was cited by or to the office regarding application or reexamination proceedings for the patent; or (2) the court concludes that consideration of the prior patent or publication in such proceedings is unnecessary for adjudication.

Sets forth circumstances under which a court may stay the proceedings of a civil action involving the infringement or validity of a patent to enable either party to such action to secure a determination on a request for reexamination of the patent by the Patent and Trademark Office. Provides the moving party in such action the right to dismiss the complaint commencing such action.

Establishes the Patent and Trademark Office as an independent Government agency. Designates the Commissioner of Patents and Trademarks as the Chief Officer of the Office.

Declares that the Commissioner shall be appointed to a six-year term office and shall be removable from office by the President for good cause.

Sets forth conforming amendments.