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Title 15 — Commerce and Trade

Chapter 63 — Technology Innovation

§ 3703. Definitions

Statutory text

As used in this chapter, unless the context otherwise requires, the term—

(1)

“Secretary” means the Secretary of Commerce.

(2)

“Centers” means the Cooperative Research Centers established under section 3705 or 3707 of this title.

(3)

“Nonprofit institution” means an organization owned and operated exclusively for scientific or educational purposes, no part of the net earnings of which inures to the benefit of any private shareholder or individual.

(4)

“Federal laboratory” means any laboratory, any federally funded research and development center, or any center established under section 3705 or 3707 of this title that is owned, leased, or otherwise used by a Federal agency and funded by the Federal Government, whether operated by the Government or by a contractor.

(5)

“Supporting agency” means either the Department of Commerce or the National Science Foundation, as appropriate.

(6)

“Federal agency” means any executive agency as defined in section 105 of title 5 and the military departments as defined in section 102 of such title, as well as any agency of the legislative branch of the Federal Government.

(7)

“Invention” means any invention or discovery which is or may be patentable or otherwise protected under title 35 or any novel variety of plant which is or may be protectable under the Plant Variety Protection Act (7 U.S.C. 2321 et seq.).

(8)

“Made” when used in conjunction with any invention means the conception or first actual reduction to practice of such invention.

(9)

“Small business firm” means a small business concern as defined in section 632 of this title and implementing regulations of the Administrator of the Small Business Administration.

(10)

“Training technology” means computer software and related materials which are developed by a Federal agency to train employees of such agency, including but not limited to software for computer-based instructional systems and for interactive video disc systems.

(11)

“Clearinghouse” means the Clearinghouse for State and Local Initiatives on Productivity, Technology, and Innovation established by section 3704a of this title.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Stevenson-Wydler Technology Innovation Act of 1980

    Pub. L. 96–480 § 4 · 94 Stat. 2311

    Enacted · 15 U.S.C. § 3703

    Pub. L. 96–480, § 4, Oct. 21, 1980, 94 Stat. 2312

    Source evidence

    Code source credit
    Pub. L. 96–480, § 4, Oct. 21, 1980, 94 Stat. 2312

    Enacted provision · exact public law section
    SEC. 4. DEFINITIONS. As used in this Act, unless the context otherwise requires, the term— (1) “Office” means the Office of Industrial Technology established under section 5 of this Act. (2) “Secretary” means the Secretary of Commerce. (3) “Director” means the Director of the Office of Industrial Technology, appointed pursuant to section 5 of this Act. (4) “Centers” means the Centers for Industrial Technology established under section 6 or section 8 of this Act. (5) “Nonprofit institution” means an organization owned and operated exclusively for scientific or educational purposes, no part of the net earnings of which inures to the benefit of any private shareholder or individual. (6) “Board” means the National Industrial Technology Board established pursuant to section 10. (7) “Federal laboratory” means any laboratory, any federally funded research and development center, or any center established under section 6 or section 8 of this Act that is owned and funded by the Federal Government, whether operated by the Government or by a contractor. (8) “Supporting agency” means either the Department of Commerce or the National Science Foundation, as appropriate.

  2. Pub. L. 99–502 § 9(b)(2)(A) · 100 Stat. 1785

    Substituted · 15 U.S.C. § 3703(1)

    Pub. L. 99–502, § 9(b)(2)(A), substituted “Productivity, Technology, and Innovation” for “Industrial Technology”

    Source evidence

    Code amendment note
    Par. (1). Pub. L. 99–502, § 9(b)(2)(A), substituted “Productivity, Technology, and Innovation” for “Industrial Technology”.

    Enacted provision · exact public law section
    (A) by striking out “Industrial Technology” in paragraph (1) and inserting in lieu thereof “Productivity, Technology, and Innovation”;

  3. Pub. L. 99–502 § 9(b)(2)(B) · 100 Stat. 1785

    Substituted · 15 U.S.C. § 3703(3)

    Pub. L. 99–502, § 9(b)(2)(B), substituted “ ‘Assistant Secretary’ means the Assistant Secretary for Productivity, Technology, and Innovation” for “ ‘Director’ means the Director of the Office of Industrial Technology”

    Source evidence

    Code amendment note
    Par. (3). Pub. L. 99–502, § 9(b)(2)(B), substituted “ ‘Assistant Secretary’ means the Assistant Secretary for Productivity, Technology, and Innovation” for “ ‘Director’ means the Director of the Office of Industrial Technology”.

    Enacted provision · exact public law section
    (B) by striking out “‘Director’ means the Director of the Office of Industrial Technology” in paragraph (3) and inserting in lieu thereof “‘Assistant Secretary’ means the Assistant Secretary for Productivity, Technology, and Innovation”;

  4. Pub. L. 99–502 § 9(b)(2)(C) · 100 Stat. 1785

    Substituted · 15 U.S.C. § 3703(4)

    Pub. L. 99–502, § 9(b)(2)(C), substituted “Cooperative Research Centers” for “Centers for Industrial Technology”

    Source evidence

    Code amendment note
    Par. (4). Pub. L. 99–502, § 9(b)(2)(C), substituted “Cooperative Research Centers” for “Centers for Industrial Technology”.

    Enacted provision · exact public law section
    (C) by striking out “Centers for Industrial Technology” in paragraph (4) and inserting in lieu thereof “Cooperative Research Centers”;

  5. Pub. L. 99–502 § 9(b)(2)(D) · 100 Stat. 1785

    1. Redesignated · 15 U.S.C. § 3703(6)

      Pub. L. 99–502, § 9(b)(2)(D), (E), redesignated par. (7) as (6)

    2. Substituted · 15 U.S.C. § 3703(6)

      Pub. L. 99–502, § 9(b)(2)(D), (E), substituted “owned, leased, or otherwise used by a Federal agency and funded” for “owned and funded”

    3. Struck · 15 U.S.C. § 3703(6)

      Pub. L. 99–502, § 9(b)(2)(D), (E), struck out former par. (6) which defined “Board” to mean the National Industrial Technology Board established pursuant to section 3709 of this title

    Source evidence

    Code amendment note
    Par. (6). Pub. L. 99–502, § 9(b)(2)(D), (E), redesignated par. (7) as (6), substituted “owned, leased, or otherwise used by a Federal agency and funded” for “owned and funded”, and struck out former par. (6) which defined “Board” to mean the National Industrial Technology Board established pursuant to section 3709 of this title.

    Enacted provision · exact public law section
    (D) by striking out paragraph (6), and redesignating paragraphs (7) and (8) as paragraphs (6) and (7), respectively; and

  6. Pub. L. 99–502 § 9(b)(2)(D) · 100 Stat. 1785

    1. Redesignated · 15 U.S.C. § 3703(7)(12)

      Pub. L. 99–502, § 9(b)(2)(D), (d), redesignated pars. (7) and (8) as (6) and (7), respectively

    2. Added · 15 U.S.C. § 3703(7)(12)

      Pub. L. 99–502, § 9(b)(2)(D), (d), added pars. (8) to (12)

    Source evidence

    Code amendment note
    Pars. (7) to (12). Pub. L. 99–502, § 9(b)(2)(D), (d), redesignated pars. (7) and (8) as (6) and (7), respectively, and added pars. (8) to (12).

    Enacted provision · exact public law section
    (D) by striking out paragraph (6), and redesignating paragraphs (7) and (8) as paragraphs (6) and (7), respectively; and

  7. Technology Competitiveness Act

    Pub. L. 100–418 title V § 5122(b) · 102 Stat. 1107

    Added · 15 U.S.C. § 3703(13)

    Pub. L. 100–418 added par. (13)

    Source evidence

    Code amendment note
    Par. (13). Pub. L. 100–418 added par. (13).

    Enacted provision · exact public law section
    (b) Definition.— Section 4 of such Act is amended by adding at the 15 USC 3703. end thereof the following new paragraph: “(13) ‘Clearinghouse’ means the Clearinghouse for State and Local Initiatives on Productivity, Technology, and Innovation established by section 6.”.

  8. Pub. L. 100–519 § 201(d)(1)(A) · 102 Stat. 2589

    Substituted · 15 U.S.C. § 3703(1)

    Pub. L. 100–519, § 201(d)(1)(A), substituted “Technology Policy” for “Productivity, Technology, and Innovation”

    Source evidence

    Code amendment note
    Par. (1). Pub. L. 100–519, § 201(d)(1)(A), substituted “Technology Policy” for “Productivity, Technology, and Innovation”.

    Enacted provision · exact public law section
    (A) in paragraph (1), by striking “Productivity, Technology, and Innovation” and inserting in lieu thereof “Technology Policy”; and

  9. Pub. L. 100–519 § 201(d)(1)(B) · 102 Stat. 2589

    1. Amended · 15 U.S.C. § 3703(3)

      Pub. L. 100–519, § 201(d)(1)(B), amended par. (3) generally

    2. Substituted · 15 U.S.C. § 3703(3)

      Pub. L. 100–519, § 201(d)(1)(B), substituting provisions defining “Under Secretary” for provisions defining “Assistant Secretary”

    Source evidence

    Code amendment note
    Par. (3). Pub. L. 100–519, § 201(d)(1)(B), amended par. (3) generally, substituting provisions defining “Under Secretary” for provisions defining “Assistant Secretary”.

    Enacted provision · exact public law section
    (B) by amending paragraph (3) to read as follows: “(3) ‘Under Secretary’ means the Under Secretary of Commerce for Technology appointed under section 5(b)(1)”.

  10. American Technology Preeminence Act of 1991

    Pub. L. 102–245 title III § 304 · 106 Stat. 7

    Inserted · 15 U.S.C. § 3703(8)

    Pub. L. 102–245 inserted before period at end “, as well as any agency of the legislative branch of the Federal Government”

    Source evidence

    Code amendment note
    Par. (8). Pub. L. 102–245 inserted before period at end “, as well as any agency of the legislative branch of the Federal Government”.

    Enacted provision · exact public law section
    SEC. 304. DEFINITION OF FEDERAL AGENCY. Section 4(8) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3703(8)) is amended by inserting “, as well as any agency of the legislative branch of the Federal Government” after “of such title”.

  11. Technology Transfer Commercialization Act of 2000

    Pub. L. 106–404 § 7(1) · 114 Stat. 1742

    Changed · 15 U.S.C. § 3703(4); 15 U.S.C. § 3703(6)

    Pub. L. 106–404 made technical amendments to references in original act which appear in text as references to sections 3705 and 3707 of this title

    Source evidence

    Code amendment note
    Pars. (4), (6). Pub. L. 106–404 made technical amendments to references in original act which appear in text as references to sections 3705 and 3707 of this title.

    Enacted provision · exact public law section
    (1) in section 4(4) (15 U.S.C. 3703(4)), by striking “section 6 or section 8” and inserting “section 7 or 9”;

  12. America COMPETES Act

    Pub. L. 110–69 title III § 3002(c)(3) · 121 Stat. 572

    1. Redesignated · 15 U.S.C. § 3703

      Pub. L. 110–69 redesignated pars. (2) and (4) to (13) as (1) and (2) to (11), respectively

    2. Struck · 15 U.S.C. § 3703

      Pub. L. 110–69 struck out pars. (1) and (3) which defined “Office” and “Under Secretary”, respectively

    Source evidence

    Code amendment note
    Pub. L. 110–69 redesignated pars. (2) and (4) to (13) as (1) and (2) to (11), respectively, and struck out pars. (1) and (3) which defined “Office” and “Under Secretary”, respectively.

    Enacted provision · exact public law section
    (3) Definitions.— Section 4 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3703) is amended— (A) by striking paragraphs (1) and (3); and (B) by redesignating paragraphs (2) through (13) as paragraphs (1) through (11), respectively.

17 of 17 references resolved to an enrolled provision

Editorial Notes

References in Text

The Plant Variety Protection Act, referred to in par. (7), is Pub. L. 91–577, , 84 Stat. 1542, which is classified principally to chapter 57 (§ 2321 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 2321 of Title 7 and Tables.

Amendments1986–2007 · 5 rounds

2007

Pub. L. 110–69 redesignated pars. (2) and (4) to (13) as (1) and (2) to (11), respectively, and struck out pars. (1) and (3) which defined “Office” and “Under Secretary”, respectively.

2000

Pars. (4), (6). Pub. L. 106–404 made technical amendments to references in original act which appear in text as references to sections 3705 and 3707 of this title.

1992

Par. (8). Pub. L. 102–245 inserted before period at end “, as well as any agency of the legislative branch of the Federal Government”.

1988

Par. (1). Pub. L. 100–519, § 201(d)(1)(A), substituted “Technology Policy” for “Productivity, Technology, and Innovation”.

Par. (3). Pub. L. 100–519, § 201(d)(1)(B), amended par. (3) generally, substituting provisions defining “Under Secretary” for provisions defining “Assistant Secretary”.

Par. (13). Pub. L. 100–418 added par. (13).

1986

Par. (1). Pub. L. 99–502, § 9(b)(2)(A), substituted “Productivity, Technology, and Innovation” for “Industrial Technology”.

Par. (3). Pub. L. 99–502, § 9(b)(2)(B), substituted “ ‘Assistant Secretary’ means the Assistant Secretary for Productivity, Technology, and Innovation” for “ ‘Director’ means the Director of the Office of Industrial Technology”.

Par. (4). Pub. L. 99–502, § 9(b)(2)(C), substituted “Cooperative Research Centers” for “Centers for Industrial Technology”.

Par. (6). Pub. L. 99–502, § 9(b)(2)(D), (E), redesignated par. (7) as (6), substituted “owned, leased, or otherwise used by a Federal agency and funded” for “owned and funded”, and struck out former par. (6) which defined “Board” to mean the National Industrial Technology Board established pursuant to section 3709 of this title.

Pars. (7) to (12). Pub. L. 99–502, § 9(b)(2)(D), (d), redesignated pars. (7) and (8) as (6) and (7), respectively, and added pars. (8) to (12).

Credits

1980–2007 · 7 acts
  1. 1980Pub. L. 96–480, § 4, , 94 Stat. 2312
  2. 1986Pub. L. 99–502, § 9(b)(2), (d), , 100 Stat. 1795, 1796
  3. 1988Pub. L. 100–418, title V, § 5122(b), , 102 Stat. 1439
  4. 1988Pub. L. 100–519, title II, § 201(d)(1), , 102 Stat. 2594
  5. 1992Pub. L. 102–245, title III, § 304, , 106 Stat. 20
  6. 2000Pub. L. 106–404, § 7(1), (2), , 114 Stat. 1745
  7. 2007Pub. L. 110–69, title III, § 3002(c)(3), , 121 Stat. 586.
Show as published

(Pub. L. 96–480, § 4, , 94 Stat. 2312; Pub. L. 99–502, § 9(b)(2), (d), , 100 Stat. 1795, 1796; Pub. L. 100–418, title V, § 5122(b), , 102 Stat. 1439; Pub. L. 100–519, title II, § 201(d)(1), , 102 Stat. 2594; Pub. L. 102–245, title III, § 304, , 106 Stat. 20; Pub. L. 106–404, § 7(1), (2), , 114 Stat. 1745; Pub. L. 110–69, title III, § 3002(c)(3), , 121 Stat. 586.)

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