§ 3705. — Cooperative Research Centers.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC3705]
TITLE 15--COMMERCE AND TRADE
CHAPTER 63--TECHNOLOGY INNOVATION
Sec. 3705. Cooperative Research Centers
(a) Establishment
The Secretary shall provide assistance for the establishment of
Cooperative Research Centers. Such Centers shall be affiliated with any
university, or other nonprofit institution, or group thereof, that
applies for and is awarded a grant or enters into a cooperative
agreement under this section. The objective of the Centers is to enhance
technological innovation through--
(1) the participation of individuals from industry and
universities in cooperative technological innovation activities;
(2) the development of the generic research base, important for
technological advance and innovative activity, in which individual
firms have little incentive to invest, but which may have
significant economic or strategic importance, such as manufacturing
technology;
(3) the education and training of individuals in the
technological innovation process;
(4) the improvement of mechanisms for the dissemination of
scientific, engineering, and technical information among
universities and industry;
(5) the utilization of the capability and expertise, where
appropriate, that exists in Federal laboratories; and
(6) the development of continuing financial support from other
mission agencies, from State and local government, and from industry
and universities through, among other means, fees, licenses, and
royalties.
(b) Activities
The activities of the Centers shall include, but need not be limited
to--
(1) research supportive of technological and industrial
innovation including cooperative industry-university research;
(2) assistance to individuals and small businesses in the
generation, evaluation, and development of technological ideas
supportive of industrial innovation and new business ventures;
(3) technical assistance and advisory services to industry,
particularly small businesses; and
(4) curriculum development, training, and instruction in
invention, entrepreneurship, and industrial innovation.
Each Center need not undertake all of the activities under this
subsection.
(c) Requirements
Prior to establishing a Center, the Secretary shall find that--
(1) consideration has been given to the potential contribution
of the activities proposed under the Center to productivity,
employment, and economic competitiveness of the United States;
(2) a high likelihood exists of continuing participation,
advice, financial support, and other contributions from the private
sector;
(3) the host university or other nonprofit institution has a
plan for the management and evaluation of the activities proposed
within the particular Center, including:
(A) the agreement between the parties as to the allocation
of patent rights on a nonexclusive, partially exclusive, or
exclusive license basis to and inventions conceived or made
under the auspices of the Center; and
(B) the consideration of means to place the Center, to the
maximum extent feasible, on a self-sustaining basis;
(4) suitable consideration has been given to the university's or
other nonprofit institution's capabilities and geographical
location; and
(5) consideration has been given to any effects upon competition
of the activities proposed under the Center.
(d) Planning grants
The Secretary is authorized to make available nonrenewable planning
grants to universities or nonprofit institutions for the purpose of
developing a plan required under subsection (c)(3) of this section.
(e) Research and development utilization
In the promotion of technology from research and development efforts
by Centers under this section, chapter 18 of title 35 shall apply to the
extent not inconsistent with this section.
(Pub. L. 96-480, Sec. 7, formerly Sec. 6, Oct. 21, 1980, 94 Stat. 2313;
Pub. L. 99-502, Sec. 9(b)(6)-(10), Oct. 20, 1986, 100 Stat. 1796;
renumbered Sec. 7, Pub. L. 100-418, title V, Sec. 5122(a)(1), Aug. 23,
1988, 102 Stat. 1438.)
Prior Provisions
A prior section 7 of Pub. L. 96-480 was renumbered section 8 and is
classified to section 3706 of this title.
Amendments
1986--Subsec. (a). Pub. L. 99-502, Sec. 9(b)(7), substituted
``Cooperative Research Centers'' for ``Centers for Industrial
Technology''.
Subsec. (b)(1). Pub. L. 99-502, Sec. 9(b)(8), struck out ``basic and
applied'' after ``industry-university''.
Subsec. (e). Pub. L. 99-502, Sec. 9(b)(9), amended subsec. (e)
generally. Prior to amendment, subsec. (e) provided that a Center of
Industrial Technology had the option to acquire title to an invention
conceived or made under its auspices and supported by Federal funds,
authorized supporting agency to require the Center to grant licenses to
the invention to responsible applicants in certain cases, and provided
for judicial review of licensing determinations by the supporting
agency.
Subsec. (f). Pub. L. 99-502, Sec. 9(b)(10), struck out subsec. (f)
which read as follows: ``The supporting agency may request the Attorney
General's opinion whether the proposed joint research activities of a
Center would violate any of the antitrust laws. The Attorney General
shall advise the supporting agency of his determination and the reasons
for it within 120 days after receipt of such request.''
Model Program
Pub. L. 101-510, div. A, title VIII, Sec. 827(b), Nov. 5, 1990, 104
Stat. 1607, as amended by Pub. L. 102-190, div. A, title X,
Sec. 1062(a)(2), Dec. 5, 1991, 105 Stat. 1475, provided that:
``(1) In the administration of applicable provisions of the
Stevenson-Wydler Technology Innovation Act of 1980 [15 U.S.C. 3701 et
seq.] or section 5121(b) of the Omnibus Trade and Competitiveness Act of
1988 [Pub. L. 100-418, 15 U.S.C. 278l note], the Secretary of Commerce
shall develop, in consultation with the Secretary of Defense and the
Secretary of Energy, model programs for national defense laboratories.
``(2) Model programs under this subsection shall involve Federal
laboratories, small businesses, and partnership intermediaries. The
purpose of the model programs is to demonstrate successful relationships
between the Federal Government, State and local governments, and small
businesses which encourage economic growth through the commercial
application of technology resulting from federally funded research.
``(3) In this subsection, the term `national defense laboratory'
means any laboratory, federally funded research and development center
(FFRDC), or other center established under section 7 or 9 of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3705,
3707) that is owned by the Federal Government, whether operated by the
Federal Government or by a contractor, and--
``(A) is under the jurisdiction of the Secretary of Defense; or
``(B) is under the jurisdiction of the Secretary of Energy, but
only if the primary function of the laboratory, FFRDC, or other
center under the Secretary's jurisdiction is to support the national
defense activities of the Department of Defense or the Department of
Energy.''
Section Referred to in Other Sections
This section is referred to in sections 3703, 3707, 3708 of this
title; title 30 section 1805.
