01628858

Monograph

http://www.trb.org/NCHRP/Blurbs/175658.aspx

In 1790 Congress enacted the original Patent Act. The Act has been revised numerous times and is now codified at 35 U.S. Code. Congress’s latest enactment was in 2011 with the Leahy–Smith America Invents Act, which substituted the “first to invent” system with the “first to file” system. Since the late 18th century, individual states have enacted patent legislation similar to the federal Act. Differences exist, however, in patent licensing and retainage rights between federal contracts and federally funded state and local government contracts. Further differences exist between federally funded state and local contracts and those that are not. Both federal and state patent laws carry a number of implications for U.S. transportation agencies. This research was prompted by the need to address confusion that exists in the interpretation and application of federal and state patent principles, particularly concerning state government patent rights and the granting of transferable or nontransferable licenses in the case of federally funded state government contracts. The research digest begins by summarizing federal and state patent laws and then reviews the similarities and differences between the two. It also discusses and distinguishes patentability issues concerning inventions by contractors for federal contracts, federally funded state and local government contracts, and state and local government contracts sourced by state and local funds. The balance of the digest is dedicated to a thorough review of patent infringement on state and local government contracts and defenses in the performance of these contracts.

NCHRP Project 20-06

English

37p

2017-2

NCHRP Legal Research Digest

9780309446044

Print

Contracts; Federal laws; Licensing; Patents; State laws; Transportation departments

Administration and Management; Highways; Law

TRIS, TRB, ATRI

Mar 14 2017 9:58AM