Patent Policy: Recent Changes in Federal Law Considered Beneficial

Highlights

Pursuant to a congressional request, GAO reviewed federal agency implementation of three recent patent policy changes and their impact on universities, small businesses, and other nonprofit organizations.

Recommendations

Recommendations for Executive Action

Agency Affected	Recommendation	Status
Department of Defense	The Secretaries of Defense and Energy should encourage the use of SIR by establishing written criteria for determining whether to file for a patent or SIR.	Closed – Implemented The Army, Navy, and Air Force published interim criteria guidance on the use of SIR as of November 25, 1987. The Army plans to incorporate interim guidance into AR 27-60.
Department of Energy	The Secretaries of Defense and Energy should encourage the use of SIR by establishing written criteria for determining whether to file for a patent or SIR.	Closed – Implemented DOE issued an internal patent instruction on November 3, 1987, which established written criteria.
Department of Defense	The Secretaries of Defense and Energy should encourage the use of SIR by recognizing SIR in their incentive awards programs.	Closed – Implemented The Navy incorporated SIR into its incentive award program through Civilian Personnel Instruction 451.9, dated August 11, 1988, and the Air Force incorporated SIR through Air Force Regulation 900-4, dated July 23, 1987. On May 31, 1989, the Office of the Judge Advocate General for the Army issued an interim memo incorporating SIRs in the Army's incentive award program.
Department of Energy	The Secretaries of Defense and Energy should encourage the use of SIR by recognizing SIR in their incentive awards programs.	Closed – Implemented DOE Order 3450.1A on incentive awards was published for coordination. Comments on DOE draft Order 3450.1A on incentive awards are being reviewed before the final order is issued.
Department of Defense	The Secretaries of Defense and Energy should encourage the use of SIR by establishing annual percentage goals for using SIR.	Closed – Not Implemented The Department of Defense disagreed with this recommendation in agency comments and its 31 U.S.C. 720 response.
Department of Energy	The Secretaries of Defense and Energy should encourage the use of SIR by establishing annual percentage goals for using SIR.	Closed – Not Implemented DOE disagreed with this recommendation in its agency comments and 31 U.S.C. 720 response.

See All 6 Recommendations

Full Report

Full Report (65 pages)

Media Inquiries

Sarah Kaczmarek

Managing Director

Office of Public Affairs

media@gao.gov

Public Inquiries

Topics

Science and Technology

Colleges and universitiesCopyrightLicensesNonprofit organizationsPatent lawPatentsSmall business contractorsTrademarksSmall businessMilitary forces