SUPPLEMENTARY INFORMATION:

I. Abstract

The Bayh-Dole Act (35 U.S.C. 18) and its implementing regulations (37 CFR 401) allow for recipients of federal research funding (Contractors) to retain ownership of inventions developed under federal funding agreements. In exchange, the government retains certain rights to the invention, including a world-wide right to use by or on behalf of the U.S. government. The law also requires the Contractor to obtain permission for certain actions and fulfill reporting requirements including:

a. Initial reporting of invention.

b. Decision to retain title to invention.

c. Filing of patent protection.

d. Evidence of government support clause within patents.

e. Submission of a license confirming the government's rights.

f. Notice if the Contractor is going to discontinue the pursuit or continuance of patent protection.

g. Information related to the development and utilization of invention.

h. Permission to assign to a third party; and

i. Permission to request waiver of domestic manufacturing requirements at agency's discretion under certain circumstances.

This information is used for a variety of reasons. It allows the government to identify technologies to which the government has rights to use without additional payment or licensing. This acts as a time and cost-saving mechanism to avoid unnecessary negotiating and payment. It allows agencies to track compliance with obligations, including the development and utilization of subject inventions. This data aids in the calculation of return on investment (ROI) from federal funding and identifies successful research programs. Also, it allows the government the opportunity to timely protect inventions which the Contractor declines title or discontinues patent protection. Many agencies utilize the iEdison system, managed by NIST, to collect this information. Agencies that do not register with iEdison are required to collect this information independently.

Proposed changes to iEdison include integration of the domestic manufacturing waiver form (OMB Control Number 0693-0103) into the iEdison system, additional patent application types, additional agreement types, and additional utilization report question for DOE-funded inventions. Integration of the domestic manufacturing waiver form into iEdison will allow recipients to streamline the waiver process and remain compliant under the domestic manufacturing requirements of the Bayh-Dole Act.

II. Method of Collection

Information will be electronically collected through the online system iEdison.

III. Data

OMB Control Number: 0693-0090.

Form Number(s): None.

Type of Review: Regular submission, Revision.

Affected Public: Business or other for-profit organizations; Not-for-profit institutions. ( printed page 32952)

Estimated Number of Respondents: 6,193.

Estimated Time Per Response:

Invention Records: 1.25 hours.

Patent Records:.75 hours.

Utilization Records: 25 minutes.

Domestic Manufacturing Waiver Requests: 13 hours.

Estimated Total Annual Burden Hours:

Invention Records: 15,098 hours.

Patent Records: 15,142 hours.

Utilization Records: 40,591 hours.

Domestic Manufacturing Waiver Requests: 282 hours.

Estimated Total Annual Cost to Public: $0.

Respondent's Obligation: Required to obtain benefits.

Legal Authority: The Bayh-Dole Act (35 U.S.C. 18) and its implementing regulations (37 CFR 401).

IV. Request for Comments

We are soliciting public comments to permit the Department/Bureau to: (a) Evaluate whether the proposed information collection is necessary for the proper functions of the Department, including whether the information will have practical utility; (b) Evaluate the accuracy of our estimate of the time and cost burden for this proposed collection, including the validity of the methodology and assumptions used; (c) Evaluate ways to enhance the quality, utility, and clarity of the information to be collected; and (d) Minimize the reporting burden on those who are to respond, including the use of automated collection techniques or other forms of information technology.

Comments that you submit in response to this notice are a matter of public record. We will include or summarize each comment in our request to OMB to approve this ICR. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you may ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.

91 FR 32951