Overview

Title

To require the Comptroller General of the United States to submit a report on the disclosure process for intellectual property created under a Federal grant, and for other purposes.

ELI5 AI

Congress wants a big report to show how new ideas made with government money and help are shared and how this affects the people working on them. They want to know if they are being fair and using the best ways to do this.

Summary AI

S. 3569 requires the Comptroller General of the United States to prepare a report on how intellectual property is disclosed when it's created through federal grants. This report will focus on the impact of the Bayh-Dole Act, which governs inventions made by contractors under federal funding agreements. The report aims to assess how these regulations affect contractors' ability to compete, the time and resources they need for compliance, and any challenges they face with the current patent reporting systems. It will include input from various educational institutions and recommend improvements for public-private partnerships and streamlining reporting processes.

Published

2024-01-10
Congress: 118
Session: 2
Chamber: SENATE
Status: Introduced in Senate
Date: 2024-01-10
Package ID: BILLS-118s3569is

Keywords AI

bayh-dole act intellectual property federal grants comptroller general report iedison system government accountability office patent disclosure public-private partnerships contractor compliance improving efficiency to increase competition act

Sources

Bill Statistics

Size

Sections:
2
Words:
1,105
Pages:
6
Sentences:
23

Language

Nouns: 345
Verbs: 78
Adjectives: 42
Adverbs: 10
Numbers: 40
Entities: 80

Complexity

Average Token Length:
4.38
Average Sentence Length:
48.04
Token Entropy:
4.98
Readability (ARI):
26.73

AnalysisAI

General Summary

The proposed Senate Bill S. 3569, titled the “Improving Efficiency to Increase Competition Act,” seeks to mandate a study by the Government Accountability Office (GAO). The focus of the study is on the Bayh-Dole Act regulations, which govern how intellectual property created under federal grants is disclosed by contractors, including universities and other entities, in the United States. The bill aims to investigate various aspects of patent reporting, the challenges faced by contractors, and ways to improve efficiency and competitiveness, particularly in relation to foreign competitors.

Significant Issues

The bill presents several notable issues that warrant attention:

  1. Vague Title and Objective: The bill's title, “Improving Efficiency to Increase Competition Act,” is not sufficiently descriptive of its specific objectives or strategies for achieving efficiency and competition. The lack of detail may impact understanding and engagement with the bill.

  2. Complex Legal Language: The language used in the bill is dense and references multiple legal texts and regulations. This complexity might make the bill less accessible to those without a background in law or legislative processes.

  3. Unspecified Costs and Timeline: There is a lack of clarity around the cost of conducting the GAO study, which could lead to unforeseen or unchecked expenditure. Moreover, the bill does not detail the process for selecting the “mutually agreed upon date” for the report's completion, potentially causing delays.

  4. Potential Bias and Focus Limitations: The bill does not address potential biases in selecting input sources from contractors of different sizes and specialties, which could skew results. Additionally, the focus on the iEdison system without considering alternatives might narrow the scope for potential improvements.

Impact on the Public

Broadly, the bill could lead to improvements in the management of intellectual property developed with federal funding, potentially enhancing innovation and competition. By identifying inefficiencies and barriers to effective patent reporting and management, the study could result in recommendations that streamline processes, encourage public-private partnerships, and improve competitiveness against international counterparts.

Impact on Specific Stakeholders

Contractors and Universities: The bill directly affects contractors, such as companies and universities that receive federal grants. Should the study yield beneficial recommendations, these entities might experience reduced administrative burdens and increased efficiency in managing patents.

Federal Agencies: Federal agencies involved in grant processes might benefit from more streamlined systems and standardized reporting requirements, which could optimize their operations and collaboration with grant recipients.

Foreign Competitors: By analyzing the impact of current regulations on competitiveness, the bill could lead to strategies that strengthen domestic contractors against international competition.

Government Policies: The findings and subsequent recommendations from the GAO study could inform future legislative amendments to the Bayh-Dole Act or related regulations, reshaping how intellectual property emerging from federally funded research is handled.

In conclusion, while the bill presents potential for meaningful improvements in the management of federally funded intellectual property, several issues could affect its implementation. Addressing these concerns might enhance the bill’s effectiveness and the ultimate benefits to stakeholders involved.

Issues

  • The section titled 'Short title' is criticized for being vague, as it lacks detail or specific information about the Act's purpose or contents, and the title 'Improving Efficiency to Increase Competition Act' does not clearly specify the measures or areas targeted to improve efficiency or competition. (Section 1)

  • There is no specified cost for conducting the GAO study in Section 2, which could lead to unrestricted or unforeseen spending, posing potential financial concerns. (Section 2)

  • The language in Section 2 is complex, potentially making it difficult for individuals without a legal or legislative background to understand, which raises concerns about accessibility and transparency. (Section 2)

  • By not summarizing multiple referenced legal texts and regulations, Section 2 may be difficult for readers unfamiliar with them to understand the implications, leading to potential misunderstandings or misinterpretations. (Section 2)

  • The section does not clarify the criteria or process for selecting the 'mutually agreed upon date' for the report in Section 2, which may lead to bureaucratic delays and inefficiencies. (Section 2)

  • There is a potential for bias in the selection of input sources from contractors of varying sizes, budgets, and specialties, which the section fails to address, potentially skewing the findings or recommendations of the study. (Section 2)

  • The section focuses on the iEdison system without exploring alternatives or explaining why it is the primary focus, neglecting the opportunity to consider potentially better systems. This might limit the scope of improvements considered. (Section 2)

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

This part of the law mentions that the official name of the Act is the “Improving Efficiency to Increase Competition Act”.

2. GAO study on the impact of Bayh-Dole Act regulations on contractors in the United States Read Opens in new tab

Summary AI

The section mandates a study by the Government Accountability Office (GAO) to evaluate how the Bayh-Dole Act and its regulations affect U.S. contractors, particularly with regard to patent disclosure and competition with foreign entities. The study will provide information on challenges faced by contractors, the workload for universities in managing these requirements, differences in compliance across various institutions, and issues related to the patent reporting system, along with recommendations for improvements.