(A) striking ‘‘section 6(a)’’ and inserting
‘‘section 7(a)’’;
(B) striking ‘‘section 6(b)’’ and inserting
‘‘section 7(b)’’; and
(C) striking ‘‘section 6(c)(3)’’ and insert-
ing ‘‘section 7(c)(3)’’;
(5) in section 11(e)(1) (15 U.S.C. 3710(e)(1)),
by striking ‘‘in cooperation with Federal Labora-
tories’’ and inserting ‘‘in cooperation with Federal
laboratories’’;
(6) in section 11(i) (15 U.S.C. 3710(i)), by
striking ‘‘a gift under the section’’ and inserting ‘‘a
gift under this section’’;
(7) in section 14 (15 U.S.C. 3710c)—
(A) in subsection (a)(1)(A)(i), by inserting
‘‘, if the inventor’s or coinventor’s rights are as-
signed to the United States’’ after ‘‘inventor or
coinventors’’;
(B) in subsection (a)(1)(B), by striking
‘‘succeeding fiscal year’’ and inserting ‘‘2 suc-
ceeding fiscal years’’; and
(C) in subsection (b)(2), by striking
‘‘inventon’’ and inserting ‘‘invention’’; and
(8) in section 22 (15 U.S.C. 3714), by striking
‘‘sections 11, 12, and 13’’ and inserting ’’sections
12, 13, and 14’’.
SEC. 6. REVIEW OF COOPERATIVE RESEARCH AND DEVEL-
OPMENT AGREEMENT PROCEDURES.
(a) REVIEW.—Within 90 days after the date of the
enactment of this Act, each Federal agency with a Feder-
ally funded laboratory that has in effect on that date of
enactment one or more cooperative research and develop-
ment agreements under section 12 of the Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C.
3710a) shall report to the Committee on National Security
of the National Science and Technology Council and the
Congress on the general policies and procedures used by
that agency to gather and consider the views of other
agencies on—
(1) joint work statements under section
12(c)(5)(C) or (D) of the Stevenson-Wydler Tech-
nology 
Innovation 
Act 
of 
1980 
(15 
U.S.C.
3710a(c)(5)(C) or (D)); or
(2) in the case of laboratories described in sec-
tion 12(d)(2)(A) of the Stevenson-Wydler Tech-
nology 
Innovation 
Act 
of 
1980 
(15 
U.S.C.
3710a(d)(2)(A)), cooperative research and develop-
ment agreements under such section 12,
with respect to major proposed cooperative research and
development agreements that involve critical national se-
curity technology or may have a significant impact on do-
mestic or international competitiveness.
(b) PROCEDURES.—Within one year after the date of
the enactment of this Act, the Committee on National Se-
curity of the National Science and Technology Council, in
conjunction with relevant Federal agencies and national
laboratories, shall—
(1) determine the adequacy of existing proce-
dures and methods for interagency coordination and
awareness with respect to cooperative research and
development agreements described in subsection (a);
and
(2) establish and distribute to appropriate Fed-
eral agencies—
(A) specific criteria to indicate the neces-
sity for gathering and considering the views of
other agencies on joint work statements or co-
operative research and development agreements
as described in subsection (a); and
(B) additional procedures, if any, for car-
rying out such gathering and considering of
agency views with respect to cooperative re-
search and development agreements described
in subsection (a).
Procedures established under this subsection shall be de-
signed to the extent possible to use or modify existing pro-
cedures, to minimize burdens on Federal agencies, to en-
courage industrial partnerships with national laboratories,
and to minimize delay in the approval or disapproval of
joint work statements and cooperative research and devel-
opment agreements.
(c) LIMITATION.—Nothing in this Act, nor any proce-
dures established under this section shall provide to the
Office of Science and Technology Policy, the National
Science and Technology Council, or any Federal agency
the authority to disapprove a cooperative research and de-
velopment agreement or joint work statement, under sec-
tion 12 of the Stevenson-Wydler Technology Innovation
Act of 1980 (15 U.S.C. 3710a), of another Federal agen-
cy.
SEC. 7. INCREASED FLEXIBILITY FOR FEDERAL LABORA-
TORY PARTNERSHIP INTERMEDIARIES.
Section 23 of the Stevenson-Wydler Technology Inno-
vation Act of 1980 (15 U.S.C. 3715) is amended—
(1) in subsection (a)(1) by inserting ‘‘, institu-
tions of higher education as defined in section
1201(a) of the Higher Education Act of 1965 (20
U.S.C. 1141(a)), or educational institutions within
the meaning of section 2194 of title 10, United
States Code’’ after ‘‘small business firms’’; and
(2) in subsection (c) by inserting ‘‘, institutions
of higher education as defined in section 1201(a) of
the Higher Education Act of 1965 (20 U.S.C.
1141(a)), or educational institutions within the
meaning of section 2194 of title 10, United States
Code,’’ after ‘‘small business firms’’.
SEC. 8. STUDY AND REPORT ON BIOLOGICAL DEPOSITS IN
SUPPORT OF BIOTECHNOLOGY PATENTS.
(a) IN GENERAL.—Not later than 6 months after the
date of the enactment of this Act, the General Accounting
Office, in consultation with the United States Patent and
Trademark Office, shall conduct a study and submit a re-
port to Congress on the potential risks to the United
States biotechnology industry relating to biological depos-
its in support of biotechnology patents.
(b) CONTENTS.—The study conducted under this sec-
tion shall include—
(1) an examination of the risk of export and the
risk of third-party transfer of biological deposits,
and the risks posed by the change to 18-month pub-
lication requirements;
(2) an analysis of comparative legal and regu-
latory regimes; and
(3) any related recommendations.
(c) CONSIDERATION OF REPORT.—In drafting regu-
lations affecting biological deposits (including any modi-
fication of 37 Code of Federal Regulations 1.801 et seq.),
the United States Patent and Trademark Office shall con-
sider the recommendations of the study conducted under
this section.
SEC. 9. PROVISIONAL APPLICATIONS.
(a) ABANDONMENT.—Section 111(b)(5) of title 35,
United States Code, is amended to read as follows:
‘‘(5) ABANDONMENT.—Notwithstanding the ab-
sence of a claim, upon timely request and as pre-
scribed by the Commissioner, a provisional applica-
tion may be treated as an application filed under
subsection (a). Subject to section 119(e)(3) of this
title, if no such request is made, the provisional ap-
plication shall be regarded as abandoned 12 months
after the filing date of such application and shall not
be subject to revival thereafter.’’.
(b) TECHNICAL AMENDMENT RELATING TO WEEK-
ENDS AND HOLIDAYS.—Section 119(e) of title 35, United
States Code, is amended by adding at the end the follow-
ing:
‘‘(3) If the day that is 12 months after the filing date
of a provisional application falls on a Saturday, Sunday,
or Federal holiday within the District of Columbia, the
period of pendency of the provisional application shall be
extended to the next succeeding secular or business day.’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply to a provisional application filed
on or after June 8, 1995.
Passed the House of Representatives October 20,
1998.
Attest:
Clerk.