Facilitating access to science and technology

This executive order directs federal agencies to accelerate technology transfer from government laboratories to universities and private industry, particularly small businesses. It establishes cooperative research agreements, royalty-sharing for inventors, a Technology Share Program for consortia, scientist exchange programs, and international technology cooperation guidelines, while requiring reports on progress within one year.

52 FR 13414

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Impact dates

Apr 10, 1988
OSTP Director convenes interagency task force and reports to President on technology transfer progress and problems
Oct 10, 1987
Secretary of Defense identifies funded technologies for transfer to US industries and universities

Key directives

Encourage collaboration among federal labs, state/local governments, universities, and private sector
Delegate authority to government-owned labs for cooperative R&D agreements
License, assign, or waive intellectual property rights developed by labs
Identify technology conduits between labs, universities, and private sector
Provide information on lab technology, expertise, and facilities to outside entities
Grant patent title to all contractors for federally funded inventions with government royalty-free use
Administer patents/licenses per 35 U.S.C. 202(c)(7) without pre-1984 limitations
Implement royalty-sharing and cash award programs for employee inventors
Develop uniform policy for contractors retaining rights to software and technical data
Establish Technology Share Program at selected labs (Agriculture, Commerce, Energy, HHS, NASA)
Lab consortium participation limited to 25% of budget, $5 million annual cap per lab
Establish scientist/engineer exchange program between private sector and federal labs

Timeline

Immediate

Delegation of authority to federal laboratories for cooperative R&D agreements
Establishment of technology transfer facilitation requirements

Near term (90d)

Secretary of Defense to identify funded technologies for transfer to industry/universities (180 days)
Implementation of royalty-sharing and cash award programs

Long term

Technology Share Program consortia establishment
University research center planning
Interagency task force report on technology transfer effectiveness
Development of uniform policy on contractor retention of technical data rights

Risks & tensions

National security vs. technology transfer: Sec. 8 allows exclusion of technologies 'detrimental to the interests of national security,' creating inherent tension with commercialization goals
Foreign reciprocity requirements (Sec. 4) may complicate international agreements; vague standard of 'appropriate consideration' leaves discretion to agencies
$5 million annual cap and 25% budget limit on Technology Share Program may constrain participation
'As expeditiously as practicable' (Sec. 1(b)(6)) is vague for royalty-sharing implementation timeline
Uniform policy on technical data rights (Sec. 1(b)(7)) requires interagency coordination under OFPP, which may delay implementation
Potential conflict between promoting commercialization and ensuring adequate marketing steps by contractors before patent administration restrictions apply