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FLC Washington DC Office Gary K. Jones Gary K. Jones FLC DC Representative FLC DC Representative FLC MW Regional Meeting FLC MW Regional Meeting White House Lab to Market” White House Lab to Market” View From DC” View From DC” Indianapolis, IN Indianapolis, IN August 20, 2014 August 20, 2014

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Page 1: FLC Washington DC Office Gary K. Jones FLC DC Representative FLC MW Regional Meeting “White House Lab to Market” “View From DC” Indianapolis, IN August

FLC Washington DC Office

Gary K JonesGary K JonesFLC DC RepresentativeFLC DC Representative

FLC MW Regional MeetingFLC MW Regional MeetingldquoldquoWhite House Lab to MarketrdquoWhite House Lab to Marketrdquo

ldquoldquoView From DCrdquoView From DCrdquo

Indianapolis INIndianapolis INAugust 20 2014August 20 2014

Overview

Administration Actions

White House Lab to Market

Miscellaneous Initiatives

RampD Budget (2015 amp 2016)

Congressional amp Judicial Actions

General

DOE-focused

Alice v CLS Bank

FLC Initiatives

FLC Bus AT Virtual Mtg

Presidential Memorandum Update

Accelerating Technology Transfer and Commercialization of Federal Research in Support of High-Growth Businesses (Oct 2011)

Establishing Goals and Measuring Progress Streamline Tech Transfer and Commercialization Process Enhance Local and Regional Partnerships

Status (see all 13 reports here) (NIST web site)

Executive Summary of Agency Reports

Opportunities to Substantially Increase Technology Transfer - identifiesopportunities and consolidates recommendations from the IAWGTT forinnovative approaches to T2 proposed by agencies in their plans

Revised Technology Transfer Metrics - outlines proposed changes to theset of T2 metrics that are reported annually by the Department of Commercein conjunction with the IAWGTT in the Federal Laboratory Technology TransferSummary Report to the President and the Congress

L2M Overview(From L2M Summit to CAP Goals)

Lab-To-Market Summit (May 2013)

Lab-To-Market Initiative (May 2013 - Present and ongoing)

ldquoTo significantly accelerate and improve technology transfer by streamlining administrative processes facilitating partnerships with industry evaluating impact and opening Federal RampD assets as a platform for innovation and economic growthrdquo (L2M CAP Vision)

White House Cross Agency Priority Goals (Presidentrsquos Management Agenda) - CAP Goal 7 Lab to Market

L2M Action Plan(From Vision to CAP Goal Action Plan)

ldquoThis action plan is a flexible framework calling on agencies to tailor and prioritize Lab-to-Market activities specific to their missions capabilities and authoritiesrdquo (See performancegov and L2M Action Plan and Status)

L2M CAP Action Plan Overview

Developing Human Capital

Empowering Effective Collaborations

Opening RampD Assets

Fueling Small Business Innovations

Evaluating Impact

L2M AP Developing Human Capital

Expand number of individuals with private-sector experience working in tech transfer within research agencies

Establish guidance and policies that enable federal researchers to work outside government for limited periods

Provide opportunities for widespread experiential entrepreneurship education

Working with Office of Government Ethics (OGE) to obtain clear guidelines for waivers for entrepreneurial activities New regulations under 15 USC 3712 (personnel exchange) will help broadly implement successes

Expanding I-Corps program

Agencies are identifying programs to launch or expand

L2M AP Empower Effective Collaborations

Increase priority level of RampD commercialization activities and outcomes at federal labs

Optimize T2 authorities and best practices across labs

Fully utilize existing authority for research agencies to co-fund projects between agencies and leverage charitable gifts to advance RampD commercialization

Expect recommendations onbull Best language management plans etc for GOGO and GOCO labsbull Most effective mechanisms uses of collaborations and gifts bull Barriers to joint project funding across agencies

Addressing working on getting micro-entity or small entity status for federal labs to avoid conferring large entity rqts on partners

L2M AP Open RampD Assets

Agencies are to make comprehensive IP and RampD facility data sets available in open and machine-readable format on wwwdatagov

Increase utilization of facilities and equipment by external entrepreneurs and innovators

Reduce costcomplexity of executing licenses

FLC launched its Available Technologies search ndash expanding

Next up FLCBusiness a tool for businesses to find facilities etc

Making recommendations for IP licensing programs that support easier access by startups and small businesses and for RampD facility and equipment use policies

L2M AP Fueling Small Business Innovation

SBIR managers are bull Launching a unified and comprehensive Federal search tool across

all open SBIRSTTR solicitationsbull Analyzing lead times best practices accounting procedures across

agenciesbull Creating an interagency playbook for commercialization best

practices

Each agency is to implement plans to bull Reduce lead timesbull Align more solicitation topics with cross-agency RampD prioritiesbull Streamline accounting and reporting requirements and allow

flexibility for small businesses to adapt their performance benchmarks based on new commercialization pathways

discovered during the performance period

L2M AP Evaluating Impact

Report on metrics that capture RampD commercialization inputs and outputs

Develop outcome metrics that capture longer-term economic impact in collaboration with the research community

Look at technical areas in patents bo CRADAs and licenses by small business v large business etc

Maybe measure start-ups

Develop studies on higher order research questions

Cite other peer reviewed studies etc Other

Patents for Humanity is an awards competition for aiding the less fortunate by rewarding the use of patented technologies to solve global challenges

WIPO-Green is an interactive marketplace that promotes innovation and diffusion of green technologies by connecting technology and service providers with those seeking innovative solutions

Accelerating green technology transfer to impact American lives highlights the FLC Available Technologies search tool (and many examples of lsquogreenrsquo tech transfer) (White House blog post Paul Zielinski FLC Chair co-author)

Other Administration Initiatives(With FLC Engagement)

OSTP FY 2015 SampT Budget Documents

FY 2014 Budget proposes $1354 billion for Federal RampD an increase of $17 billion or 12 percent over the 2014 enacted

Federal research portfoliomdashcomprising basic and applied researchmdashwould total $647 billion up $251 million or 04 percent

Non-defense RampD would rise 07 percent ($477 million) to $659 billion Defense (DOD amp DOE) RampD would rise 17 percent ($12 billion) to $695 billion

Increases DOE (84) USGS (55) NOAA (41) NIST (34) DOT (14) USDA (12) DOD (09) NIH (07)

Decreases NASA (-10) DHS (-151)

Flat NSF EPA

Comparison are all to FY 2014 enacted

Federal RampD Budget(FY 2015 Proposed)

Status House 6 of 12 Passed House(late July) Senate None passed Senate

Source AAAS

Federal RampD Budget(FY 2015 Proposed)

ldquo[Speaker] Boehner told reporters that the House will pass a short-term continuing resolution to keep the government open sometime in September avoiding a government shutdown that would otherwise occur on the last day of the month The legislation would likely expire in early December he said punting decisions about the nations spending to a lame-duck Congress just after the midterm electionrdquo

National Journal Daily 72514

Federal RampD Budget(OMB 2016 SampT Budget Guidance)

FY 2016 SampT Budget Priorities (July 18)

ldquoThe priorities covered in this memo require investments in RampD support for activities such as [STEM] education technology transfer RampD facilities and scientific data collection and management that enable a robust science and technology enterprise and cooperation among multiple Federal agenciesrdquo

Multi-agency Priorities

Advanced manufacturingClean energyEarth observationsGlobal Climate Change

IT and high-perf computingNational and homeland securityRampD for informed policy-making

Federal RampD Budget(OMB Management Agenda CAP Goals and 2016

Budget) Management Agenda Priorities for FY 2016 Budget (July 18)

ldquoThe Presidents Management Agenda seeks to improve the way that Government works and delivers for citizens It is guided by four pillars efficiency effectiveness economic growth and people and culture The Management Agenda is being executed through eight distinct Management Cross-Agency-Priority Goals that fall under these four pillars hellip For each selected goal we have identified targeted areas for additional information that agencies should address in their budget submissionsrdquo

CAP7 Economic Growth - Lab to Market ldquoIncrease the economic impact of Federally-funded research and development by accelerating and improving the transfer of new technologies from the laboratory to the commercial marketplacerdquo

Congressional Actions(113th Congress)

Multiple proposals potentially affecting tech transfer activities (related to STTR and tech commercialization DOE tech transfer use of prize competitions tech commercialization pilot program at NSF other)

Title Number Date Status

DOE Mod Act HR 5120 714 Passed House (to S)

EINSTEIN Act HR 4869 614 Ref House SST

ATTAIN Act S 2129 314 Ref Senate ENR

INNOVATES Act S 1973 114 Ref Senate ENR

TRANSFER Act HR 2981 813 (amended) Ref House SSTampSB

CRADA Act HR 1711 413 Ref House SST

Congressional Actions(DOE-centric proposals)

Common Components (partly derived from ITIF Turning the Page report (2013)

Reorganization (creating new UnderSec for Science and Energy or creating new Office of Advanced Research Tech Transfer and Innovation in Energy - OARTTIE) with tech transfer responsibilities

Est commission to review T2 program and make recommendations

Carry out an Agreements for Commercializing Technology (ACT) pilot based on program developed in 2011

Delegate signature authority to lab directors for agreements under $1M

Allow lab directors to use funds for early-stage and pre-commercial demonstration activities to demonstrate commercial potential of technologies

Allow DOE-funded researchers to participate in I-Corp (NSF) or establish a DOE T2-Corps (modeled on I-Corps)

Other

Congressional Actions(TRANSFER Act of 2013)

Technology and Research Accelerating National Security and Future Economic Resiliency (TRANSFER) Act of 2013 (H 2981)

ldquolsquoEach Federal agency required hellip to establish an STTR program shall carry out a grant program to support innovative approaches to technology transfer at institutions of higher education non-profit research institutions and FederalLaboratories in order to accelerate the commercialization of federally funded research and technology by small business concerns including new businessesrdquo

Use of Funds early-stage proof of concept fundingidentifying research and technologies for commercializationtech maturation funding tech validation market research clarifying IP rights mentoring and education

Amounts $1M to institution ($150K from institution to individual)

Introduced 8213 House SB Cmte and House SSampT CmteAmended 12513 House SST

Strongly supported by the university community

Judicial Actions(Software patentability)

Alice Corporation v CLS Bank International

June 19th (SC Decision) ldquoThe question presented is whether these claims are patent eligible under 35 U S C sect101 or are instead drawn to a patent-ineligible abstract idea We hold that the claims at issue are drawn to the abstract idea of intermediated settlement and that merely requiring generic computer implementation fails to transform that abstract idea into a patent-eligible inventionrdquo

June 19th (IPWatchdog blog) ldquoOn first read I donrsquot see how any software patent claims written as method or systems claims can survive challengerdquo

June 25th (USPTO Guidance issued) Preliminary Examination Instructions in View of the SC Decision in Alice Corp v CLS Bank International

July 25th (Patently-O blog) ldquoBased on info from several sources it appears that the USPTO is now taking a more aggressive stance on subject matter eligibility hellip It appears that applications whose inventive features are found in software or information processing will now have a difficult time being patentedrdquo

Judicial Actions(Software patentability - continued)

Alice Corporation v CLS Bank International

August 5th (Peggy Focarino USPTO Commissioner for Patents)

ldquo[T]the USPTO has applications that were indicated as allowable prior to Alice Corp but that have not yet issued as patents Given our duty to issue patents in compliance with existing case law we have taken steps to avoid granting patents on those applications containing patent ineligible claims in view of Alice Corp To this end our primary examiners and supervisory patent examiners (SPEs) promptly reviewed the small group of such applications that were most likely to be affected by the Alice Corp rulingrdquo

ldquoWe withdrew notice of allowances for some of these applications due to the presence of at least one claim having an abstract idea and no more than a generic computer to perform generic computer functions After withdrawal the applications were returned to the originally assigned examiner for further prosecution Over the past several days our examiners have proactively notified those applicants whose applications were withdrawn helliprdquo

Resources on FLC Web Site(wwwfederallabsorg)

Points of Contact (Agency TTOs gt300 Lab TTOs)

Locate Technologies and Capabilities (Tech Locator Service Available Technologies Search FLC Business Resource (coming soon))

Training and Education (Courses Materials etc)

Reference Materials (Green Book Desk Reference Mechanisms Database etc)

News amp General Information

Youtube demo for FLC Available Technologies Search Tool

Lab Reps Contact Denise Wainer

dwainerutrscom

April 28 ndash 30 2015

Gary Jones

Phone 240-444-1383

gkjonesctrfederallabsorg

wwwfederallabsorg

FLC Washington DC Representative

  • PowerPoint Presentation
  • Slide 2
  • Slide 3
  • Slide 4
  • Slide 5
  • Slide 6
  • Slide 7
  • Slide 8
  • Slide 9
  • Slide 10
  • Slide 11
  • Slide 12
  • Slide 13
  • Slide 14
  • Slide 15
  • Slide 16
  • Slide 17
  • Slide 18
  • Slide 19
  • Slide 20
  • Slide 21
  • Resources on FLC Web Site (wwwfederallabsorg)
  • Slide 23
  • Slide 24
  • Slide 25
  • Slide 26
  • Slide 27
  • Slide 28
Page 2: FLC Washington DC Office Gary K. Jones FLC DC Representative FLC MW Regional Meeting “White House Lab to Market” “View From DC” Indianapolis, IN August

Overview

Administration Actions

White House Lab to Market

Miscellaneous Initiatives

RampD Budget (2015 amp 2016)

Congressional amp Judicial Actions

General

DOE-focused

Alice v CLS Bank

FLC Initiatives

FLC Bus AT Virtual Mtg

Presidential Memorandum Update

Accelerating Technology Transfer and Commercialization of Federal Research in Support of High-Growth Businesses (Oct 2011)

Establishing Goals and Measuring Progress Streamline Tech Transfer and Commercialization Process Enhance Local and Regional Partnerships

Status (see all 13 reports here) (NIST web site)

Executive Summary of Agency Reports

Opportunities to Substantially Increase Technology Transfer - identifiesopportunities and consolidates recommendations from the IAWGTT forinnovative approaches to T2 proposed by agencies in their plans

Revised Technology Transfer Metrics - outlines proposed changes to theset of T2 metrics that are reported annually by the Department of Commercein conjunction with the IAWGTT in the Federal Laboratory Technology TransferSummary Report to the President and the Congress

L2M Overview(From L2M Summit to CAP Goals)

Lab-To-Market Summit (May 2013)

Lab-To-Market Initiative (May 2013 - Present and ongoing)

ldquoTo significantly accelerate and improve technology transfer by streamlining administrative processes facilitating partnerships with industry evaluating impact and opening Federal RampD assets as a platform for innovation and economic growthrdquo (L2M CAP Vision)

White House Cross Agency Priority Goals (Presidentrsquos Management Agenda) - CAP Goal 7 Lab to Market

L2M Action Plan(From Vision to CAP Goal Action Plan)

ldquoThis action plan is a flexible framework calling on agencies to tailor and prioritize Lab-to-Market activities specific to their missions capabilities and authoritiesrdquo (See performancegov and L2M Action Plan and Status)

L2M CAP Action Plan Overview

Developing Human Capital

Empowering Effective Collaborations

Opening RampD Assets

Fueling Small Business Innovations

Evaluating Impact

L2M AP Developing Human Capital

Expand number of individuals with private-sector experience working in tech transfer within research agencies

Establish guidance and policies that enable federal researchers to work outside government for limited periods

Provide opportunities for widespread experiential entrepreneurship education

Working with Office of Government Ethics (OGE) to obtain clear guidelines for waivers for entrepreneurial activities New regulations under 15 USC 3712 (personnel exchange) will help broadly implement successes

Expanding I-Corps program

Agencies are identifying programs to launch or expand

L2M AP Empower Effective Collaborations

Increase priority level of RampD commercialization activities and outcomes at federal labs

Optimize T2 authorities and best practices across labs

Fully utilize existing authority for research agencies to co-fund projects between agencies and leverage charitable gifts to advance RampD commercialization

Expect recommendations onbull Best language management plans etc for GOGO and GOCO labsbull Most effective mechanisms uses of collaborations and gifts bull Barriers to joint project funding across agencies

Addressing working on getting micro-entity or small entity status for federal labs to avoid conferring large entity rqts on partners

L2M AP Open RampD Assets

Agencies are to make comprehensive IP and RampD facility data sets available in open and machine-readable format on wwwdatagov

Increase utilization of facilities and equipment by external entrepreneurs and innovators

Reduce costcomplexity of executing licenses

FLC launched its Available Technologies search ndash expanding

Next up FLCBusiness a tool for businesses to find facilities etc

Making recommendations for IP licensing programs that support easier access by startups and small businesses and for RampD facility and equipment use policies

L2M AP Fueling Small Business Innovation

SBIR managers are bull Launching a unified and comprehensive Federal search tool across

all open SBIRSTTR solicitationsbull Analyzing lead times best practices accounting procedures across

agenciesbull Creating an interagency playbook for commercialization best

practices

Each agency is to implement plans to bull Reduce lead timesbull Align more solicitation topics with cross-agency RampD prioritiesbull Streamline accounting and reporting requirements and allow

flexibility for small businesses to adapt their performance benchmarks based on new commercialization pathways

discovered during the performance period

L2M AP Evaluating Impact

Report on metrics that capture RampD commercialization inputs and outputs

Develop outcome metrics that capture longer-term economic impact in collaboration with the research community

Look at technical areas in patents bo CRADAs and licenses by small business v large business etc

Maybe measure start-ups

Develop studies on higher order research questions

Cite other peer reviewed studies etc Other

Patents for Humanity is an awards competition for aiding the less fortunate by rewarding the use of patented technologies to solve global challenges

WIPO-Green is an interactive marketplace that promotes innovation and diffusion of green technologies by connecting technology and service providers with those seeking innovative solutions

Accelerating green technology transfer to impact American lives highlights the FLC Available Technologies search tool (and many examples of lsquogreenrsquo tech transfer) (White House blog post Paul Zielinski FLC Chair co-author)

Other Administration Initiatives(With FLC Engagement)

OSTP FY 2015 SampT Budget Documents

FY 2014 Budget proposes $1354 billion for Federal RampD an increase of $17 billion or 12 percent over the 2014 enacted

Federal research portfoliomdashcomprising basic and applied researchmdashwould total $647 billion up $251 million or 04 percent

Non-defense RampD would rise 07 percent ($477 million) to $659 billion Defense (DOD amp DOE) RampD would rise 17 percent ($12 billion) to $695 billion

Increases DOE (84) USGS (55) NOAA (41) NIST (34) DOT (14) USDA (12) DOD (09) NIH (07)

Decreases NASA (-10) DHS (-151)

Flat NSF EPA

Comparison are all to FY 2014 enacted

Federal RampD Budget(FY 2015 Proposed)

Status House 6 of 12 Passed House(late July) Senate None passed Senate

Source AAAS

Federal RampD Budget(FY 2015 Proposed)

ldquo[Speaker] Boehner told reporters that the House will pass a short-term continuing resolution to keep the government open sometime in September avoiding a government shutdown that would otherwise occur on the last day of the month The legislation would likely expire in early December he said punting decisions about the nations spending to a lame-duck Congress just after the midterm electionrdquo

National Journal Daily 72514

Federal RampD Budget(OMB 2016 SampT Budget Guidance)

FY 2016 SampT Budget Priorities (July 18)

ldquoThe priorities covered in this memo require investments in RampD support for activities such as [STEM] education technology transfer RampD facilities and scientific data collection and management that enable a robust science and technology enterprise and cooperation among multiple Federal agenciesrdquo

Multi-agency Priorities

Advanced manufacturingClean energyEarth observationsGlobal Climate Change

IT and high-perf computingNational and homeland securityRampD for informed policy-making

Federal RampD Budget(OMB Management Agenda CAP Goals and 2016

Budget) Management Agenda Priorities for FY 2016 Budget (July 18)

ldquoThe Presidents Management Agenda seeks to improve the way that Government works and delivers for citizens It is guided by four pillars efficiency effectiveness economic growth and people and culture The Management Agenda is being executed through eight distinct Management Cross-Agency-Priority Goals that fall under these four pillars hellip For each selected goal we have identified targeted areas for additional information that agencies should address in their budget submissionsrdquo

CAP7 Economic Growth - Lab to Market ldquoIncrease the economic impact of Federally-funded research and development by accelerating and improving the transfer of new technologies from the laboratory to the commercial marketplacerdquo

Congressional Actions(113th Congress)

Multiple proposals potentially affecting tech transfer activities (related to STTR and tech commercialization DOE tech transfer use of prize competitions tech commercialization pilot program at NSF other)

Title Number Date Status

DOE Mod Act HR 5120 714 Passed House (to S)

EINSTEIN Act HR 4869 614 Ref House SST

ATTAIN Act S 2129 314 Ref Senate ENR

INNOVATES Act S 1973 114 Ref Senate ENR

TRANSFER Act HR 2981 813 (amended) Ref House SSTampSB

CRADA Act HR 1711 413 Ref House SST

Congressional Actions(DOE-centric proposals)

Common Components (partly derived from ITIF Turning the Page report (2013)

Reorganization (creating new UnderSec for Science and Energy or creating new Office of Advanced Research Tech Transfer and Innovation in Energy - OARTTIE) with tech transfer responsibilities

Est commission to review T2 program and make recommendations

Carry out an Agreements for Commercializing Technology (ACT) pilot based on program developed in 2011

Delegate signature authority to lab directors for agreements under $1M

Allow lab directors to use funds for early-stage and pre-commercial demonstration activities to demonstrate commercial potential of technologies

Allow DOE-funded researchers to participate in I-Corp (NSF) or establish a DOE T2-Corps (modeled on I-Corps)

Other

Congressional Actions(TRANSFER Act of 2013)

Technology and Research Accelerating National Security and Future Economic Resiliency (TRANSFER) Act of 2013 (H 2981)

ldquolsquoEach Federal agency required hellip to establish an STTR program shall carry out a grant program to support innovative approaches to technology transfer at institutions of higher education non-profit research institutions and FederalLaboratories in order to accelerate the commercialization of federally funded research and technology by small business concerns including new businessesrdquo

Use of Funds early-stage proof of concept fundingidentifying research and technologies for commercializationtech maturation funding tech validation market research clarifying IP rights mentoring and education

Amounts $1M to institution ($150K from institution to individual)

Introduced 8213 House SB Cmte and House SSampT CmteAmended 12513 House SST

Strongly supported by the university community

Judicial Actions(Software patentability)

Alice Corporation v CLS Bank International

June 19th (SC Decision) ldquoThe question presented is whether these claims are patent eligible under 35 U S C sect101 or are instead drawn to a patent-ineligible abstract idea We hold that the claims at issue are drawn to the abstract idea of intermediated settlement and that merely requiring generic computer implementation fails to transform that abstract idea into a patent-eligible inventionrdquo

June 19th (IPWatchdog blog) ldquoOn first read I donrsquot see how any software patent claims written as method or systems claims can survive challengerdquo

June 25th (USPTO Guidance issued) Preliminary Examination Instructions in View of the SC Decision in Alice Corp v CLS Bank International

July 25th (Patently-O blog) ldquoBased on info from several sources it appears that the USPTO is now taking a more aggressive stance on subject matter eligibility hellip It appears that applications whose inventive features are found in software or information processing will now have a difficult time being patentedrdquo

Judicial Actions(Software patentability - continued)

Alice Corporation v CLS Bank International

August 5th (Peggy Focarino USPTO Commissioner for Patents)

ldquo[T]the USPTO has applications that were indicated as allowable prior to Alice Corp but that have not yet issued as patents Given our duty to issue patents in compliance with existing case law we have taken steps to avoid granting patents on those applications containing patent ineligible claims in view of Alice Corp To this end our primary examiners and supervisory patent examiners (SPEs) promptly reviewed the small group of such applications that were most likely to be affected by the Alice Corp rulingrdquo

ldquoWe withdrew notice of allowances for some of these applications due to the presence of at least one claim having an abstract idea and no more than a generic computer to perform generic computer functions After withdrawal the applications were returned to the originally assigned examiner for further prosecution Over the past several days our examiners have proactively notified those applicants whose applications were withdrawn helliprdquo

Resources on FLC Web Site(wwwfederallabsorg)

Points of Contact (Agency TTOs gt300 Lab TTOs)

Locate Technologies and Capabilities (Tech Locator Service Available Technologies Search FLC Business Resource (coming soon))

Training and Education (Courses Materials etc)

Reference Materials (Green Book Desk Reference Mechanisms Database etc)

News amp General Information

Youtube demo for FLC Available Technologies Search Tool

Lab Reps Contact Denise Wainer

dwainerutrscom

April 28 ndash 30 2015

Gary Jones

Phone 240-444-1383

gkjonesctrfederallabsorg

wwwfederallabsorg

FLC Washington DC Representative

  • PowerPoint Presentation
  • Slide 2
  • Slide 3
  • Slide 4
  • Slide 5
  • Slide 6
  • Slide 7
  • Slide 8
  • Slide 9
  • Slide 10
  • Slide 11
  • Slide 12
  • Slide 13
  • Slide 14
  • Slide 15
  • Slide 16
  • Slide 17
  • Slide 18
  • Slide 19
  • Slide 20
  • Slide 21
  • Resources on FLC Web Site (wwwfederallabsorg)
  • Slide 23
  • Slide 24
  • Slide 25
  • Slide 26
  • Slide 27
  • Slide 28
Page 3: FLC Washington DC Office Gary K. Jones FLC DC Representative FLC MW Regional Meeting “White House Lab to Market” “View From DC” Indianapolis, IN August

Presidential Memorandum Update

Accelerating Technology Transfer and Commercialization of Federal Research in Support of High-Growth Businesses (Oct 2011)

Establishing Goals and Measuring Progress Streamline Tech Transfer and Commercialization Process Enhance Local and Regional Partnerships

Status (see all 13 reports here) (NIST web site)

Executive Summary of Agency Reports

Opportunities to Substantially Increase Technology Transfer - identifiesopportunities and consolidates recommendations from the IAWGTT forinnovative approaches to T2 proposed by agencies in their plans

Revised Technology Transfer Metrics - outlines proposed changes to theset of T2 metrics that are reported annually by the Department of Commercein conjunction with the IAWGTT in the Federal Laboratory Technology TransferSummary Report to the President and the Congress

L2M Overview(From L2M Summit to CAP Goals)

Lab-To-Market Summit (May 2013)

Lab-To-Market Initiative (May 2013 - Present and ongoing)

ldquoTo significantly accelerate and improve technology transfer by streamlining administrative processes facilitating partnerships with industry evaluating impact and opening Federal RampD assets as a platform for innovation and economic growthrdquo (L2M CAP Vision)

White House Cross Agency Priority Goals (Presidentrsquos Management Agenda) - CAP Goal 7 Lab to Market

L2M Action Plan(From Vision to CAP Goal Action Plan)

ldquoThis action plan is a flexible framework calling on agencies to tailor and prioritize Lab-to-Market activities specific to their missions capabilities and authoritiesrdquo (See performancegov and L2M Action Plan and Status)

L2M CAP Action Plan Overview

Developing Human Capital

Empowering Effective Collaborations

Opening RampD Assets

Fueling Small Business Innovations

Evaluating Impact

L2M AP Developing Human Capital

Expand number of individuals with private-sector experience working in tech transfer within research agencies

Establish guidance and policies that enable federal researchers to work outside government for limited periods

Provide opportunities for widespread experiential entrepreneurship education

Working with Office of Government Ethics (OGE) to obtain clear guidelines for waivers for entrepreneurial activities New regulations under 15 USC 3712 (personnel exchange) will help broadly implement successes

Expanding I-Corps program

Agencies are identifying programs to launch or expand

L2M AP Empower Effective Collaborations

Increase priority level of RampD commercialization activities and outcomes at federal labs

Optimize T2 authorities and best practices across labs

Fully utilize existing authority for research agencies to co-fund projects between agencies and leverage charitable gifts to advance RampD commercialization

Expect recommendations onbull Best language management plans etc for GOGO and GOCO labsbull Most effective mechanisms uses of collaborations and gifts bull Barriers to joint project funding across agencies

Addressing working on getting micro-entity or small entity status for federal labs to avoid conferring large entity rqts on partners

L2M AP Open RampD Assets

Agencies are to make comprehensive IP and RampD facility data sets available in open and machine-readable format on wwwdatagov

Increase utilization of facilities and equipment by external entrepreneurs and innovators

Reduce costcomplexity of executing licenses

FLC launched its Available Technologies search ndash expanding

Next up FLCBusiness a tool for businesses to find facilities etc

Making recommendations for IP licensing programs that support easier access by startups and small businesses and for RampD facility and equipment use policies

L2M AP Fueling Small Business Innovation

SBIR managers are bull Launching a unified and comprehensive Federal search tool across

all open SBIRSTTR solicitationsbull Analyzing lead times best practices accounting procedures across

agenciesbull Creating an interagency playbook for commercialization best

practices

Each agency is to implement plans to bull Reduce lead timesbull Align more solicitation topics with cross-agency RampD prioritiesbull Streamline accounting and reporting requirements and allow

flexibility for small businesses to adapt their performance benchmarks based on new commercialization pathways

discovered during the performance period

L2M AP Evaluating Impact

Report on metrics that capture RampD commercialization inputs and outputs

Develop outcome metrics that capture longer-term economic impact in collaboration with the research community

Look at technical areas in patents bo CRADAs and licenses by small business v large business etc

Maybe measure start-ups

Develop studies on higher order research questions

Cite other peer reviewed studies etc Other

Patents for Humanity is an awards competition for aiding the less fortunate by rewarding the use of patented technologies to solve global challenges

WIPO-Green is an interactive marketplace that promotes innovation and diffusion of green technologies by connecting technology and service providers with those seeking innovative solutions

Accelerating green technology transfer to impact American lives highlights the FLC Available Technologies search tool (and many examples of lsquogreenrsquo tech transfer) (White House blog post Paul Zielinski FLC Chair co-author)

Other Administration Initiatives(With FLC Engagement)

OSTP FY 2015 SampT Budget Documents

FY 2014 Budget proposes $1354 billion for Federal RampD an increase of $17 billion or 12 percent over the 2014 enacted

Federal research portfoliomdashcomprising basic and applied researchmdashwould total $647 billion up $251 million or 04 percent

Non-defense RampD would rise 07 percent ($477 million) to $659 billion Defense (DOD amp DOE) RampD would rise 17 percent ($12 billion) to $695 billion

Increases DOE (84) USGS (55) NOAA (41) NIST (34) DOT (14) USDA (12) DOD (09) NIH (07)

Decreases NASA (-10) DHS (-151)

Flat NSF EPA

Comparison are all to FY 2014 enacted

Federal RampD Budget(FY 2015 Proposed)

Status House 6 of 12 Passed House(late July) Senate None passed Senate

Source AAAS

Federal RampD Budget(FY 2015 Proposed)

ldquo[Speaker] Boehner told reporters that the House will pass a short-term continuing resolution to keep the government open sometime in September avoiding a government shutdown that would otherwise occur on the last day of the month The legislation would likely expire in early December he said punting decisions about the nations spending to a lame-duck Congress just after the midterm electionrdquo

National Journal Daily 72514

Federal RampD Budget(OMB 2016 SampT Budget Guidance)

FY 2016 SampT Budget Priorities (July 18)

ldquoThe priorities covered in this memo require investments in RampD support for activities such as [STEM] education technology transfer RampD facilities and scientific data collection and management that enable a robust science and technology enterprise and cooperation among multiple Federal agenciesrdquo

Multi-agency Priorities

Advanced manufacturingClean energyEarth observationsGlobal Climate Change

IT and high-perf computingNational and homeland securityRampD for informed policy-making

Federal RampD Budget(OMB Management Agenda CAP Goals and 2016

Budget) Management Agenda Priorities for FY 2016 Budget (July 18)

ldquoThe Presidents Management Agenda seeks to improve the way that Government works and delivers for citizens It is guided by four pillars efficiency effectiveness economic growth and people and culture The Management Agenda is being executed through eight distinct Management Cross-Agency-Priority Goals that fall under these four pillars hellip For each selected goal we have identified targeted areas for additional information that agencies should address in their budget submissionsrdquo

CAP7 Economic Growth - Lab to Market ldquoIncrease the economic impact of Federally-funded research and development by accelerating and improving the transfer of new technologies from the laboratory to the commercial marketplacerdquo

Congressional Actions(113th Congress)

Multiple proposals potentially affecting tech transfer activities (related to STTR and tech commercialization DOE tech transfer use of prize competitions tech commercialization pilot program at NSF other)

Title Number Date Status

DOE Mod Act HR 5120 714 Passed House (to S)

EINSTEIN Act HR 4869 614 Ref House SST

ATTAIN Act S 2129 314 Ref Senate ENR

INNOVATES Act S 1973 114 Ref Senate ENR

TRANSFER Act HR 2981 813 (amended) Ref House SSTampSB

CRADA Act HR 1711 413 Ref House SST

Congressional Actions(DOE-centric proposals)

Common Components (partly derived from ITIF Turning the Page report (2013)

Reorganization (creating new UnderSec for Science and Energy or creating new Office of Advanced Research Tech Transfer and Innovation in Energy - OARTTIE) with tech transfer responsibilities

Est commission to review T2 program and make recommendations

Carry out an Agreements for Commercializing Technology (ACT) pilot based on program developed in 2011

Delegate signature authority to lab directors for agreements under $1M

Allow lab directors to use funds for early-stage and pre-commercial demonstration activities to demonstrate commercial potential of technologies

Allow DOE-funded researchers to participate in I-Corp (NSF) or establish a DOE T2-Corps (modeled on I-Corps)

Other

Congressional Actions(TRANSFER Act of 2013)

Technology and Research Accelerating National Security and Future Economic Resiliency (TRANSFER) Act of 2013 (H 2981)

ldquolsquoEach Federal agency required hellip to establish an STTR program shall carry out a grant program to support innovative approaches to technology transfer at institutions of higher education non-profit research institutions and FederalLaboratories in order to accelerate the commercialization of federally funded research and technology by small business concerns including new businessesrdquo

Use of Funds early-stage proof of concept fundingidentifying research and technologies for commercializationtech maturation funding tech validation market research clarifying IP rights mentoring and education

Amounts $1M to institution ($150K from institution to individual)

Introduced 8213 House SB Cmte and House SSampT CmteAmended 12513 House SST

Strongly supported by the university community

Judicial Actions(Software patentability)

Alice Corporation v CLS Bank International

June 19th (SC Decision) ldquoThe question presented is whether these claims are patent eligible under 35 U S C sect101 or are instead drawn to a patent-ineligible abstract idea We hold that the claims at issue are drawn to the abstract idea of intermediated settlement and that merely requiring generic computer implementation fails to transform that abstract idea into a patent-eligible inventionrdquo

June 19th (IPWatchdog blog) ldquoOn first read I donrsquot see how any software patent claims written as method or systems claims can survive challengerdquo

June 25th (USPTO Guidance issued) Preliminary Examination Instructions in View of the SC Decision in Alice Corp v CLS Bank International

July 25th (Patently-O blog) ldquoBased on info from several sources it appears that the USPTO is now taking a more aggressive stance on subject matter eligibility hellip It appears that applications whose inventive features are found in software or information processing will now have a difficult time being patentedrdquo

Judicial Actions(Software patentability - continued)

Alice Corporation v CLS Bank International

August 5th (Peggy Focarino USPTO Commissioner for Patents)

ldquo[T]the USPTO has applications that were indicated as allowable prior to Alice Corp but that have not yet issued as patents Given our duty to issue patents in compliance with existing case law we have taken steps to avoid granting patents on those applications containing patent ineligible claims in view of Alice Corp To this end our primary examiners and supervisory patent examiners (SPEs) promptly reviewed the small group of such applications that were most likely to be affected by the Alice Corp rulingrdquo

ldquoWe withdrew notice of allowances for some of these applications due to the presence of at least one claim having an abstract idea and no more than a generic computer to perform generic computer functions After withdrawal the applications were returned to the originally assigned examiner for further prosecution Over the past several days our examiners have proactively notified those applicants whose applications were withdrawn helliprdquo

Resources on FLC Web Site(wwwfederallabsorg)

Points of Contact (Agency TTOs gt300 Lab TTOs)

Locate Technologies and Capabilities (Tech Locator Service Available Technologies Search FLC Business Resource (coming soon))

Training and Education (Courses Materials etc)

Reference Materials (Green Book Desk Reference Mechanisms Database etc)

News amp General Information

Youtube demo for FLC Available Technologies Search Tool

Lab Reps Contact Denise Wainer

dwainerutrscom

April 28 ndash 30 2015

Gary Jones

Phone 240-444-1383

gkjonesctrfederallabsorg

wwwfederallabsorg

FLC Washington DC Representative

  • PowerPoint Presentation
  • Slide 2
  • Slide 3
  • Slide 4
  • Slide 5
  • Slide 6
  • Slide 7
  • Slide 8
  • Slide 9
  • Slide 10
  • Slide 11
  • Slide 12
  • Slide 13
  • Slide 14
  • Slide 15
  • Slide 16
  • Slide 17
  • Slide 18
  • Slide 19
  • Slide 20
  • Slide 21
  • Resources on FLC Web Site (wwwfederallabsorg)
  • Slide 23
  • Slide 24
  • Slide 25
  • Slide 26
  • Slide 27
  • Slide 28
Page 4: FLC Washington DC Office Gary K. Jones FLC DC Representative FLC MW Regional Meeting “White House Lab to Market” “View From DC” Indianapolis, IN August

L2M Overview(From L2M Summit to CAP Goals)

Lab-To-Market Summit (May 2013)

Lab-To-Market Initiative (May 2013 - Present and ongoing)

ldquoTo significantly accelerate and improve technology transfer by streamlining administrative processes facilitating partnerships with industry evaluating impact and opening Federal RampD assets as a platform for innovation and economic growthrdquo (L2M CAP Vision)

White House Cross Agency Priority Goals (Presidentrsquos Management Agenda) - CAP Goal 7 Lab to Market

L2M Action Plan(From Vision to CAP Goal Action Plan)

ldquoThis action plan is a flexible framework calling on agencies to tailor and prioritize Lab-to-Market activities specific to their missions capabilities and authoritiesrdquo (See performancegov and L2M Action Plan and Status)

L2M CAP Action Plan Overview

Developing Human Capital

Empowering Effective Collaborations

Opening RampD Assets

Fueling Small Business Innovations

Evaluating Impact

L2M AP Developing Human Capital

Expand number of individuals with private-sector experience working in tech transfer within research agencies

Establish guidance and policies that enable federal researchers to work outside government for limited periods

Provide opportunities for widespread experiential entrepreneurship education

Working with Office of Government Ethics (OGE) to obtain clear guidelines for waivers for entrepreneurial activities New regulations under 15 USC 3712 (personnel exchange) will help broadly implement successes

Expanding I-Corps program

Agencies are identifying programs to launch or expand

L2M AP Empower Effective Collaborations

Increase priority level of RampD commercialization activities and outcomes at federal labs

Optimize T2 authorities and best practices across labs

Fully utilize existing authority for research agencies to co-fund projects between agencies and leverage charitable gifts to advance RampD commercialization

Expect recommendations onbull Best language management plans etc for GOGO and GOCO labsbull Most effective mechanisms uses of collaborations and gifts bull Barriers to joint project funding across agencies

Addressing working on getting micro-entity or small entity status for federal labs to avoid conferring large entity rqts on partners

L2M AP Open RampD Assets

Agencies are to make comprehensive IP and RampD facility data sets available in open and machine-readable format on wwwdatagov

Increase utilization of facilities and equipment by external entrepreneurs and innovators

Reduce costcomplexity of executing licenses

FLC launched its Available Technologies search ndash expanding

Next up FLCBusiness a tool for businesses to find facilities etc

Making recommendations for IP licensing programs that support easier access by startups and small businesses and for RampD facility and equipment use policies

L2M AP Fueling Small Business Innovation

SBIR managers are bull Launching a unified and comprehensive Federal search tool across

all open SBIRSTTR solicitationsbull Analyzing lead times best practices accounting procedures across

agenciesbull Creating an interagency playbook for commercialization best

practices

Each agency is to implement plans to bull Reduce lead timesbull Align more solicitation topics with cross-agency RampD prioritiesbull Streamline accounting and reporting requirements and allow

flexibility for small businesses to adapt their performance benchmarks based on new commercialization pathways

discovered during the performance period

L2M AP Evaluating Impact

Report on metrics that capture RampD commercialization inputs and outputs

Develop outcome metrics that capture longer-term economic impact in collaboration with the research community

Look at technical areas in patents bo CRADAs and licenses by small business v large business etc

Maybe measure start-ups

Develop studies on higher order research questions

Cite other peer reviewed studies etc Other

Patents for Humanity is an awards competition for aiding the less fortunate by rewarding the use of patented technologies to solve global challenges

WIPO-Green is an interactive marketplace that promotes innovation and diffusion of green technologies by connecting technology and service providers with those seeking innovative solutions

Accelerating green technology transfer to impact American lives highlights the FLC Available Technologies search tool (and many examples of lsquogreenrsquo tech transfer) (White House blog post Paul Zielinski FLC Chair co-author)

Other Administration Initiatives(With FLC Engagement)

OSTP FY 2015 SampT Budget Documents

FY 2014 Budget proposes $1354 billion for Federal RampD an increase of $17 billion or 12 percent over the 2014 enacted

Federal research portfoliomdashcomprising basic and applied researchmdashwould total $647 billion up $251 million or 04 percent

Non-defense RampD would rise 07 percent ($477 million) to $659 billion Defense (DOD amp DOE) RampD would rise 17 percent ($12 billion) to $695 billion

Increases DOE (84) USGS (55) NOAA (41) NIST (34) DOT (14) USDA (12) DOD (09) NIH (07)

Decreases NASA (-10) DHS (-151)

Flat NSF EPA

Comparison are all to FY 2014 enacted

Federal RampD Budget(FY 2015 Proposed)

Status House 6 of 12 Passed House(late July) Senate None passed Senate

Source AAAS

Federal RampD Budget(FY 2015 Proposed)

ldquo[Speaker] Boehner told reporters that the House will pass a short-term continuing resolution to keep the government open sometime in September avoiding a government shutdown that would otherwise occur on the last day of the month The legislation would likely expire in early December he said punting decisions about the nations spending to a lame-duck Congress just after the midterm electionrdquo

National Journal Daily 72514

Federal RampD Budget(OMB 2016 SampT Budget Guidance)

FY 2016 SampT Budget Priorities (July 18)

ldquoThe priorities covered in this memo require investments in RampD support for activities such as [STEM] education technology transfer RampD facilities and scientific data collection and management that enable a robust science and technology enterprise and cooperation among multiple Federal agenciesrdquo

Multi-agency Priorities

Advanced manufacturingClean energyEarth observationsGlobal Climate Change

IT and high-perf computingNational and homeland securityRampD for informed policy-making

Federal RampD Budget(OMB Management Agenda CAP Goals and 2016

Budget) Management Agenda Priorities for FY 2016 Budget (July 18)

ldquoThe Presidents Management Agenda seeks to improve the way that Government works and delivers for citizens It is guided by four pillars efficiency effectiveness economic growth and people and culture The Management Agenda is being executed through eight distinct Management Cross-Agency-Priority Goals that fall under these four pillars hellip For each selected goal we have identified targeted areas for additional information that agencies should address in their budget submissionsrdquo

CAP7 Economic Growth - Lab to Market ldquoIncrease the economic impact of Federally-funded research and development by accelerating and improving the transfer of new technologies from the laboratory to the commercial marketplacerdquo

Congressional Actions(113th Congress)

Multiple proposals potentially affecting tech transfer activities (related to STTR and tech commercialization DOE tech transfer use of prize competitions tech commercialization pilot program at NSF other)

Title Number Date Status

DOE Mod Act HR 5120 714 Passed House (to S)

EINSTEIN Act HR 4869 614 Ref House SST

ATTAIN Act S 2129 314 Ref Senate ENR

INNOVATES Act S 1973 114 Ref Senate ENR

TRANSFER Act HR 2981 813 (amended) Ref House SSTampSB

CRADA Act HR 1711 413 Ref House SST

Congressional Actions(DOE-centric proposals)

Common Components (partly derived from ITIF Turning the Page report (2013)

Reorganization (creating new UnderSec for Science and Energy or creating new Office of Advanced Research Tech Transfer and Innovation in Energy - OARTTIE) with tech transfer responsibilities

Est commission to review T2 program and make recommendations

Carry out an Agreements for Commercializing Technology (ACT) pilot based on program developed in 2011

Delegate signature authority to lab directors for agreements under $1M

Allow lab directors to use funds for early-stage and pre-commercial demonstration activities to demonstrate commercial potential of technologies

Allow DOE-funded researchers to participate in I-Corp (NSF) or establish a DOE T2-Corps (modeled on I-Corps)

Other

Congressional Actions(TRANSFER Act of 2013)

Technology and Research Accelerating National Security and Future Economic Resiliency (TRANSFER) Act of 2013 (H 2981)

ldquolsquoEach Federal agency required hellip to establish an STTR program shall carry out a grant program to support innovative approaches to technology transfer at institutions of higher education non-profit research institutions and FederalLaboratories in order to accelerate the commercialization of federally funded research and technology by small business concerns including new businessesrdquo

Use of Funds early-stage proof of concept fundingidentifying research and technologies for commercializationtech maturation funding tech validation market research clarifying IP rights mentoring and education

Amounts $1M to institution ($150K from institution to individual)

Introduced 8213 House SB Cmte and House SSampT CmteAmended 12513 House SST

Strongly supported by the university community

Judicial Actions(Software patentability)

Alice Corporation v CLS Bank International

June 19th (SC Decision) ldquoThe question presented is whether these claims are patent eligible under 35 U S C sect101 or are instead drawn to a patent-ineligible abstract idea We hold that the claims at issue are drawn to the abstract idea of intermediated settlement and that merely requiring generic computer implementation fails to transform that abstract idea into a patent-eligible inventionrdquo

June 19th (IPWatchdog blog) ldquoOn first read I donrsquot see how any software patent claims written as method or systems claims can survive challengerdquo

June 25th (USPTO Guidance issued) Preliminary Examination Instructions in View of the SC Decision in Alice Corp v CLS Bank International

July 25th (Patently-O blog) ldquoBased on info from several sources it appears that the USPTO is now taking a more aggressive stance on subject matter eligibility hellip It appears that applications whose inventive features are found in software or information processing will now have a difficult time being patentedrdquo

Judicial Actions(Software patentability - continued)

Alice Corporation v CLS Bank International

August 5th (Peggy Focarino USPTO Commissioner for Patents)

ldquo[T]the USPTO has applications that were indicated as allowable prior to Alice Corp but that have not yet issued as patents Given our duty to issue patents in compliance with existing case law we have taken steps to avoid granting patents on those applications containing patent ineligible claims in view of Alice Corp To this end our primary examiners and supervisory patent examiners (SPEs) promptly reviewed the small group of such applications that were most likely to be affected by the Alice Corp rulingrdquo

ldquoWe withdrew notice of allowances for some of these applications due to the presence of at least one claim having an abstract idea and no more than a generic computer to perform generic computer functions After withdrawal the applications were returned to the originally assigned examiner for further prosecution Over the past several days our examiners have proactively notified those applicants whose applications were withdrawn helliprdquo

Resources on FLC Web Site(wwwfederallabsorg)

Points of Contact (Agency TTOs gt300 Lab TTOs)

Locate Technologies and Capabilities (Tech Locator Service Available Technologies Search FLC Business Resource (coming soon))

Training and Education (Courses Materials etc)

Reference Materials (Green Book Desk Reference Mechanisms Database etc)

News amp General Information

Youtube demo for FLC Available Technologies Search Tool

Lab Reps Contact Denise Wainer

dwainerutrscom

April 28 ndash 30 2015

Gary Jones

Phone 240-444-1383

gkjonesctrfederallabsorg

wwwfederallabsorg

FLC Washington DC Representative

  • PowerPoint Presentation
  • Slide 2
  • Slide 3
  • Slide 4
  • Slide 5
  • Slide 6
  • Slide 7
  • Slide 8
  • Slide 9
  • Slide 10
  • Slide 11
  • Slide 12
  • Slide 13
  • Slide 14
  • Slide 15
  • Slide 16
  • Slide 17
  • Slide 18
  • Slide 19
  • Slide 20
  • Slide 21
  • Resources on FLC Web Site (wwwfederallabsorg)
  • Slide 23
  • Slide 24
  • Slide 25
  • Slide 26
  • Slide 27
  • Slide 28
Page 5: FLC Washington DC Office Gary K. Jones FLC DC Representative FLC MW Regional Meeting “White House Lab to Market” “View From DC” Indianapolis, IN August

L2M Action Plan(From Vision to CAP Goal Action Plan)

ldquoThis action plan is a flexible framework calling on agencies to tailor and prioritize Lab-to-Market activities specific to their missions capabilities and authoritiesrdquo (See performancegov and L2M Action Plan and Status)

L2M CAP Action Plan Overview

Developing Human Capital

Empowering Effective Collaborations

Opening RampD Assets

Fueling Small Business Innovations

Evaluating Impact

L2M AP Developing Human Capital

Expand number of individuals with private-sector experience working in tech transfer within research agencies

Establish guidance and policies that enable federal researchers to work outside government for limited periods

Provide opportunities for widespread experiential entrepreneurship education

Working with Office of Government Ethics (OGE) to obtain clear guidelines for waivers for entrepreneurial activities New regulations under 15 USC 3712 (personnel exchange) will help broadly implement successes

Expanding I-Corps program

Agencies are identifying programs to launch or expand

L2M AP Empower Effective Collaborations

Increase priority level of RampD commercialization activities and outcomes at federal labs

Optimize T2 authorities and best practices across labs

Fully utilize existing authority for research agencies to co-fund projects between agencies and leverage charitable gifts to advance RampD commercialization

Expect recommendations onbull Best language management plans etc for GOGO and GOCO labsbull Most effective mechanisms uses of collaborations and gifts bull Barriers to joint project funding across agencies

Addressing working on getting micro-entity or small entity status for federal labs to avoid conferring large entity rqts on partners

L2M AP Open RampD Assets

Agencies are to make comprehensive IP and RampD facility data sets available in open and machine-readable format on wwwdatagov

Increase utilization of facilities and equipment by external entrepreneurs and innovators

Reduce costcomplexity of executing licenses

FLC launched its Available Technologies search ndash expanding

Next up FLCBusiness a tool for businesses to find facilities etc

Making recommendations for IP licensing programs that support easier access by startups and small businesses and for RampD facility and equipment use policies

L2M AP Fueling Small Business Innovation

SBIR managers are bull Launching a unified and comprehensive Federal search tool across

all open SBIRSTTR solicitationsbull Analyzing lead times best practices accounting procedures across

agenciesbull Creating an interagency playbook for commercialization best

practices

Each agency is to implement plans to bull Reduce lead timesbull Align more solicitation topics with cross-agency RampD prioritiesbull Streamline accounting and reporting requirements and allow

flexibility for small businesses to adapt their performance benchmarks based on new commercialization pathways

discovered during the performance period

L2M AP Evaluating Impact

Report on metrics that capture RampD commercialization inputs and outputs

Develop outcome metrics that capture longer-term economic impact in collaboration with the research community

Look at technical areas in patents bo CRADAs and licenses by small business v large business etc

Maybe measure start-ups

Develop studies on higher order research questions

Cite other peer reviewed studies etc Other

Patents for Humanity is an awards competition for aiding the less fortunate by rewarding the use of patented technologies to solve global challenges

WIPO-Green is an interactive marketplace that promotes innovation and diffusion of green technologies by connecting technology and service providers with those seeking innovative solutions

Accelerating green technology transfer to impact American lives highlights the FLC Available Technologies search tool (and many examples of lsquogreenrsquo tech transfer) (White House blog post Paul Zielinski FLC Chair co-author)

Other Administration Initiatives(With FLC Engagement)

OSTP FY 2015 SampT Budget Documents

FY 2014 Budget proposes $1354 billion for Federal RampD an increase of $17 billion or 12 percent over the 2014 enacted

Federal research portfoliomdashcomprising basic and applied researchmdashwould total $647 billion up $251 million or 04 percent

Non-defense RampD would rise 07 percent ($477 million) to $659 billion Defense (DOD amp DOE) RampD would rise 17 percent ($12 billion) to $695 billion

Increases DOE (84) USGS (55) NOAA (41) NIST (34) DOT (14) USDA (12) DOD (09) NIH (07)

Decreases NASA (-10) DHS (-151)

Flat NSF EPA

Comparison are all to FY 2014 enacted

Federal RampD Budget(FY 2015 Proposed)

Status House 6 of 12 Passed House(late July) Senate None passed Senate

Source AAAS

Federal RampD Budget(FY 2015 Proposed)

ldquo[Speaker] Boehner told reporters that the House will pass a short-term continuing resolution to keep the government open sometime in September avoiding a government shutdown that would otherwise occur on the last day of the month The legislation would likely expire in early December he said punting decisions about the nations spending to a lame-duck Congress just after the midterm electionrdquo

National Journal Daily 72514

Federal RampD Budget(OMB 2016 SampT Budget Guidance)

FY 2016 SampT Budget Priorities (July 18)

ldquoThe priorities covered in this memo require investments in RampD support for activities such as [STEM] education technology transfer RampD facilities and scientific data collection and management that enable a robust science and technology enterprise and cooperation among multiple Federal agenciesrdquo

Multi-agency Priorities

Advanced manufacturingClean energyEarth observationsGlobal Climate Change

IT and high-perf computingNational and homeland securityRampD for informed policy-making

Federal RampD Budget(OMB Management Agenda CAP Goals and 2016

Budget) Management Agenda Priorities for FY 2016 Budget (July 18)

ldquoThe Presidents Management Agenda seeks to improve the way that Government works and delivers for citizens It is guided by four pillars efficiency effectiveness economic growth and people and culture The Management Agenda is being executed through eight distinct Management Cross-Agency-Priority Goals that fall under these four pillars hellip For each selected goal we have identified targeted areas for additional information that agencies should address in their budget submissionsrdquo

CAP7 Economic Growth - Lab to Market ldquoIncrease the economic impact of Federally-funded research and development by accelerating and improving the transfer of new technologies from the laboratory to the commercial marketplacerdquo

Congressional Actions(113th Congress)

Multiple proposals potentially affecting tech transfer activities (related to STTR and tech commercialization DOE tech transfer use of prize competitions tech commercialization pilot program at NSF other)

Title Number Date Status

DOE Mod Act HR 5120 714 Passed House (to S)

EINSTEIN Act HR 4869 614 Ref House SST

ATTAIN Act S 2129 314 Ref Senate ENR

INNOVATES Act S 1973 114 Ref Senate ENR

TRANSFER Act HR 2981 813 (amended) Ref House SSTampSB

CRADA Act HR 1711 413 Ref House SST

Congressional Actions(DOE-centric proposals)

Common Components (partly derived from ITIF Turning the Page report (2013)

Reorganization (creating new UnderSec for Science and Energy or creating new Office of Advanced Research Tech Transfer and Innovation in Energy - OARTTIE) with tech transfer responsibilities

Est commission to review T2 program and make recommendations

Carry out an Agreements for Commercializing Technology (ACT) pilot based on program developed in 2011

Delegate signature authority to lab directors for agreements under $1M

Allow lab directors to use funds for early-stage and pre-commercial demonstration activities to demonstrate commercial potential of technologies

Allow DOE-funded researchers to participate in I-Corp (NSF) or establish a DOE T2-Corps (modeled on I-Corps)

Other

Congressional Actions(TRANSFER Act of 2013)

Technology and Research Accelerating National Security and Future Economic Resiliency (TRANSFER) Act of 2013 (H 2981)

ldquolsquoEach Federal agency required hellip to establish an STTR program shall carry out a grant program to support innovative approaches to technology transfer at institutions of higher education non-profit research institutions and FederalLaboratories in order to accelerate the commercialization of federally funded research and technology by small business concerns including new businessesrdquo

Use of Funds early-stage proof of concept fundingidentifying research and technologies for commercializationtech maturation funding tech validation market research clarifying IP rights mentoring and education

Amounts $1M to institution ($150K from institution to individual)

Introduced 8213 House SB Cmte and House SSampT CmteAmended 12513 House SST

Strongly supported by the university community

Judicial Actions(Software patentability)

Alice Corporation v CLS Bank International

June 19th (SC Decision) ldquoThe question presented is whether these claims are patent eligible under 35 U S C sect101 or are instead drawn to a patent-ineligible abstract idea We hold that the claims at issue are drawn to the abstract idea of intermediated settlement and that merely requiring generic computer implementation fails to transform that abstract idea into a patent-eligible inventionrdquo

June 19th (IPWatchdog blog) ldquoOn first read I donrsquot see how any software patent claims written as method or systems claims can survive challengerdquo

June 25th (USPTO Guidance issued) Preliminary Examination Instructions in View of the SC Decision in Alice Corp v CLS Bank International

July 25th (Patently-O blog) ldquoBased on info from several sources it appears that the USPTO is now taking a more aggressive stance on subject matter eligibility hellip It appears that applications whose inventive features are found in software or information processing will now have a difficult time being patentedrdquo

Judicial Actions(Software patentability - continued)

Alice Corporation v CLS Bank International

August 5th (Peggy Focarino USPTO Commissioner for Patents)

ldquo[T]the USPTO has applications that were indicated as allowable prior to Alice Corp but that have not yet issued as patents Given our duty to issue patents in compliance with existing case law we have taken steps to avoid granting patents on those applications containing patent ineligible claims in view of Alice Corp To this end our primary examiners and supervisory patent examiners (SPEs) promptly reviewed the small group of such applications that were most likely to be affected by the Alice Corp rulingrdquo

ldquoWe withdrew notice of allowances for some of these applications due to the presence of at least one claim having an abstract idea and no more than a generic computer to perform generic computer functions After withdrawal the applications were returned to the originally assigned examiner for further prosecution Over the past several days our examiners have proactively notified those applicants whose applications were withdrawn helliprdquo

Resources on FLC Web Site(wwwfederallabsorg)

Points of Contact (Agency TTOs gt300 Lab TTOs)

Locate Technologies and Capabilities (Tech Locator Service Available Technologies Search FLC Business Resource (coming soon))

Training and Education (Courses Materials etc)

Reference Materials (Green Book Desk Reference Mechanisms Database etc)

News amp General Information

Youtube demo for FLC Available Technologies Search Tool

Lab Reps Contact Denise Wainer

dwainerutrscom

April 28 ndash 30 2015

Gary Jones

Phone 240-444-1383

gkjonesctrfederallabsorg

wwwfederallabsorg

FLC Washington DC Representative

  • PowerPoint Presentation
  • Slide 2
  • Slide 3
  • Slide 4
  • Slide 5
  • Slide 6
  • Slide 7
  • Slide 8
  • Slide 9
  • Slide 10
  • Slide 11
  • Slide 12
  • Slide 13
  • Slide 14
  • Slide 15
  • Slide 16
  • Slide 17
  • Slide 18
  • Slide 19
  • Slide 20
  • Slide 21
  • Resources on FLC Web Site (wwwfederallabsorg)
  • Slide 23
  • Slide 24
  • Slide 25
  • Slide 26
  • Slide 27
  • Slide 28
Page 6: FLC Washington DC Office Gary K. Jones FLC DC Representative FLC MW Regional Meeting “White House Lab to Market” “View From DC” Indianapolis, IN August

L2M AP Developing Human Capital

Expand number of individuals with private-sector experience working in tech transfer within research agencies

Establish guidance and policies that enable federal researchers to work outside government for limited periods

Provide opportunities for widespread experiential entrepreneurship education

Working with Office of Government Ethics (OGE) to obtain clear guidelines for waivers for entrepreneurial activities New regulations under 15 USC 3712 (personnel exchange) will help broadly implement successes

Expanding I-Corps program

Agencies are identifying programs to launch or expand

L2M AP Empower Effective Collaborations

Increase priority level of RampD commercialization activities and outcomes at federal labs

Optimize T2 authorities and best practices across labs

Fully utilize existing authority for research agencies to co-fund projects between agencies and leverage charitable gifts to advance RampD commercialization

Expect recommendations onbull Best language management plans etc for GOGO and GOCO labsbull Most effective mechanisms uses of collaborations and gifts bull Barriers to joint project funding across agencies

Addressing working on getting micro-entity or small entity status for federal labs to avoid conferring large entity rqts on partners

L2M AP Open RampD Assets

Agencies are to make comprehensive IP and RampD facility data sets available in open and machine-readable format on wwwdatagov

Increase utilization of facilities and equipment by external entrepreneurs and innovators

Reduce costcomplexity of executing licenses

FLC launched its Available Technologies search ndash expanding

Next up FLCBusiness a tool for businesses to find facilities etc

Making recommendations for IP licensing programs that support easier access by startups and small businesses and for RampD facility and equipment use policies

L2M AP Fueling Small Business Innovation

SBIR managers are bull Launching a unified and comprehensive Federal search tool across

all open SBIRSTTR solicitationsbull Analyzing lead times best practices accounting procedures across

agenciesbull Creating an interagency playbook for commercialization best

practices

Each agency is to implement plans to bull Reduce lead timesbull Align more solicitation topics with cross-agency RampD prioritiesbull Streamline accounting and reporting requirements and allow

flexibility for small businesses to adapt their performance benchmarks based on new commercialization pathways

discovered during the performance period

L2M AP Evaluating Impact

Report on metrics that capture RampD commercialization inputs and outputs

Develop outcome metrics that capture longer-term economic impact in collaboration with the research community

Look at technical areas in patents bo CRADAs and licenses by small business v large business etc

Maybe measure start-ups

Develop studies on higher order research questions

Cite other peer reviewed studies etc Other

Patents for Humanity is an awards competition for aiding the less fortunate by rewarding the use of patented technologies to solve global challenges

WIPO-Green is an interactive marketplace that promotes innovation and diffusion of green technologies by connecting technology and service providers with those seeking innovative solutions

Accelerating green technology transfer to impact American lives highlights the FLC Available Technologies search tool (and many examples of lsquogreenrsquo tech transfer) (White House blog post Paul Zielinski FLC Chair co-author)

Other Administration Initiatives(With FLC Engagement)

OSTP FY 2015 SampT Budget Documents

FY 2014 Budget proposes $1354 billion for Federal RampD an increase of $17 billion or 12 percent over the 2014 enacted

Federal research portfoliomdashcomprising basic and applied researchmdashwould total $647 billion up $251 million or 04 percent

Non-defense RampD would rise 07 percent ($477 million) to $659 billion Defense (DOD amp DOE) RampD would rise 17 percent ($12 billion) to $695 billion

Increases DOE (84) USGS (55) NOAA (41) NIST (34) DOT (14) USDA (12) DOD (09) NIH (07)

Decreases NASA (-10) DHS (-151)

Flat NSF EPA

Comparison are all to FY 2014 enacted

Federal RampD Budget(FY 2015 Proposed)

Status House 6 of 12 Passed House(late July) Senate None passed Senate

Source AAAS

Federal RampD Budget(FY 2015 Proposed)

ldquo[Speaker] Boehner told reporters that the House will pass a short-term continuing resolution to keep the government open sometime in September avoiding a government shutdown that would otherwise occur on the last day of the month The legislation would likely expire in early December he said punting decisions about the nations spending to a lame-duck Congress just after the midterm electionrdquo

National Journal Daily 72514

Federal RampD Budget(OMB 2016 SampT Budget Guidance)

FY 2016 SampT Budget Priorities (July 18)

ldquoThe priorities covered in this memo require investments in RampD support for activities such as [STEM] education technology transfer RampD facilities and scientific data collection and management that enable a robust science and technology enterprise and cooperation among multiple Federal agenciesrdquo

Multi-agency Priorities

Advanced manufacturingClean energyEarth observationsGlobal Climate Change

IT and high-perf computingNational and homeland securityRampD for informed policy-making

Federal RampD Budget(OMB Management Agenda CAP Goals and 2016

Budget) Management Agenda Priorities for FY 2016 Budget (July 18)

ldquoThe Presidents Management Agenda seeks to improve the way that Government works and delivers for citizens It is guided by four pillars efficiency effectiveness economic growth and people and culture The Management Agenda is being executed through eight distinct Management Cross-Agency-Priority Goals that fall under these four pillars hellip For each selected goal we have identified targeted areas for additional information that agencies should address in their budget submissionsrdquo

CAP7 Economic Growth - Lab to Market ldquoIncrease the economic impact of Federally-funded research and development by accelerating and improving the transfer of new technologies from the laboratory to the commercial marketplacerdquo

Congressional Actions(113th Congress)

Multiple proposals potentially affecting tech transfer activities (related to STTR and tech commercialization DOE tech transfer use of prize competitions tech commercialization pilot program at NSF other)

Title Number Date Status

DOE Mod Act HR 5120 714 Passed House (to S)

EINSTEIN Act HR 4869 614 Ref House SST

ATTAIN Act S 2129 314 Ref Senate ENR

INNOVATES Act S 1973 114 Ref Senate ENR

TRANSFER Act HR 2981 813 (amended) Ref House SSTampSB

CRADA Act HR 1711 413 Ref House SST

Congressional Actions(DOE-centric proposals)

Common Components (partly derived from ITIF Turning the Page report (2013)

Reorganization (creating new UnderSec for Science and Energy or creating new Office of Advanced Research Tech Transfer and Innovation in Energy - OARTTIE) with tech transfer responsibilities

Est commission to review T2 program and make recommendations

Carry out an Agreements for Commercializing Technology (ACT) pilot based on program developed in 2011

Delegate signature authority to lab directors for agreements under $1M

Allow lab directors to use funds for early-stage and pre-commercial demonstration activities to demonstrate commercial potential of technologies

Allow DOE-funded researchers to participate in I-Corp (NSF) or establish a DOE T2-Corps (modeled on I-Corps)

Other

Congressional Actions(TRANSFER Act of 2013)

Technology and Research Accelerating National Security and Future Economic Resiliency (TRANSFER) Act of 2013 (H 2981)

ldquolsquoEach Federal agency required hellip to establish an STTR program shall carry out a grant program to support innovative approaches to technology transfer at institutions of higher education non-profit research institutions and FederalLaboratories in order to accelerate the commercialization of federally funded research and technology by small business concerns including new businessesrdquo

Use of Funds early-stage proof of concept fundingidentifying research and technologies for commercializationtech maturation funding tech validation market research clarifying IP rights mentoring and education

Amounts $1M to institution ($150K from institution to individual)

Introduced 8213 House SB Cmte and House SSampT CmteAmended 12513 House SST

Strongly supported by the university community

Judicial Actions(Software patentability)

Alice Corporation v CLS Bank International

June 19th (SC Decision) ldquoThe question presented is whether these claims are patent eligible under 35 U S C sect101 or are instead drawn to a patent-ineligible abstract idea We hold that the claims at issue are drawn to the abstract idea of intermediated settlement and that merely requiring generic computer implementation fails to transform that abstract idea into a patent-eligible inventionrdquo

June 19th (IPWatchdog blog) ldquoOn first read I donrsquot see how any software patent claims written as method or systems claims can survive challengerdquo

June 25th (USPTO Guidance issued) Preliminary Examination Instructions in View of the SC Decision in Alice Corp v CLS Bank International

July 25th (Patently-O blog) ldquoBased on info from several sources it appears that the USPTO is now taking a more aggressive stance on subject matter eligibility hellip It appears that applications whose inventive features are found in software or information processing will now have a difficult time being patentedrdquo

Judicial Actions(Software patentability - continued)

Alice Corporation v CLS Bank International

August 5th (Peggy Focarino USPTO Commissioner for Patents)

ldquo[T]the USPTO has applications that were indicated as allowable prior to Alice Corp but that have not yet issued as patents Given our duty to issue patents in compliance with existing case law we have taken steps to avoid granting patents on those applications containing patent ineligible claims in view of Alice Corp To this end our primary examiners and supervisory patent examiners (SPEs) promptly reviewed the small group of such applications that were most likely to be affected by the Alice Corp rulingrdquo

ldquoWe withdrew notice of allowances for some of these applications due to the presence of at least one claim having an abstract idea and no more than a generic computer to perform generic computer functions After withdrawal the applications were returned to the originally assigned examiner for further prosecution Over the past several days our examiners have proactively notified those applicants whose applications were withdrawn helliprdquo

Resources on FLC Web Site(wwwfederallabsorg)

Points of Contact (Agency TTOs gt300 Lab TTOs)

Locate Technologies and Capabilities (Tech Locator Service Available Technologies Search FLC Business Resource (coming soon))

Training and Education (Courses Materials etc)

Reference Materials (Green Book Desk Reference Mechanisms Database etc)

News amp General Information

Youtube demo for FLC Available Technologies Search Tool

Lab Reps Contact Denise Wainer

dwainerutrscom

April 28 ndash 30 2015

Gary Jones

Phone 240-444-1383

gkjonesctrfederallabsorg

wwwfederallabsorg

FLC Washington DC Representative

  • PowerPoint Presentation
  • Slide 2
  • Slide 3
  • Slide 4
  • Slide 5
  • Slide 6
  • Slide 7
  • Slide 8
  • Slide 9
  • Slide 10
  • Slide 11
  • Slide 12
  • Slide 13
  • Slide 14
  • Slide 15
  • Slide 16
  • Slide 17
  • Slide 18
  • Slide 19
  • Slide 20
  • Slide 21
  • Resources on FLC Web Site (wwwfederallabsorg)
  • Slide 23
  • Slide 24
  • Slide 25
  • Slide 26
  • Slide 27
  • Slide 28
Page 7: FLC Washington DC Office Gary K. Jones FLC DC Representative FLC MW Regional Meeting “White House Lab to Market” “View From DC” Indianapolis, IN August

L2M AP Empower Effective Collaborations

Increase priority level of RampD commercialization activities and outcomes at federal labs

Optimize T2 authorities and best practices across labs

Fully utilize existing authority for research agencies to co-fund projects between agencies and leverage charitable gifts to advance RampD commercialization

Expect recommendations onbull Best language management plans etc for GOGO and GOCO labsbull Most effective mechanisms uses of collaborations and gifts bull Barriers to joint project funding across agencies

Addressing working on getting micro-entity or small entity status for federal labs to avoid conferring large entity rqts on partners

L2M AP Open RampD Assets

Agencies are to make comprehensive IP and RampD facility data sets available in open and machine-readable format on wwwdatagov

Increase utilization of facilities and equipment by external entrepreneurs and innovators

Reduce costcomplexity of executing licenses

FLC launched its Available Technologies search ndash expanding

Next up FLCBusiness a tool for businesses to find facilities etc

Making recommendations for IP licensing programs that support easier access by startups and small businesses and for RampD facility and equipment use policies

L2M AP Fueling Small Business Innovation

SBIR managers are bull Launching a unified and comprehensive Federal search tool across

all open SBIRSTTR solicitationsbull Analyzing lead times best practices accounting procedures across

agenciesbull Creating an interagency playbook for commercialization best

practices

Each agency is to implement plans to bull Reduce lead timesbull Align more solicitation topics with cross-agency RampD prioritiesbull Streamline accounting and reporting requirements and allow

flexibility for small businesses to adapt their performance benchmarks based on new commercialization pathways

discovered during the performance period

L2M AP Evaluating Impact

Report on metrics that capture RampD commercialization inputs and outputs

Develop outcome metrics that capture longer-term economic impact in collaboration with the research community

Look at technical areas in patents bo CRADAs and licenses by small business v large business etc

Maybe measure start-ups

Develop studies on higher order research questions

Cite other peer reviewed studies etc Other

Patents for Humanity is an awards competition for aiding the less fortunate by rewarding the use of patented technologies to solve global challenges

WIPO-Green is an interactive marketplace that promotes innovation and diffusion of green technologies by connecting technology and service providers with those seeking innovative solutions

Accelerating green technology transfer to impact American lives highlights the FLC Available Technologies search tool (and many examples of lsquogreenrsquo tech transfer) (White House blog post Paul Zielinski FLC Chair co-author)

Other Administration Initiatives(With FLC Engagement)

OSTP FY 2015 SampT Budget Documents

FY 2014 Budget proposes $1354 billion for Federal RampD an increase of $17 billion or 12 percent over the 2014 enacted

Federal research portfoliomdashcomprising basic and applied researchmdashwould total $647 billion up $251 million or 04 percent

Non-defense RampD would rise 07 percent ($477 million) to $659 billion Defense (DOD amp DOE) RampD would rise 17 percent ($12 billion) to $695 billion

Increases DOE (84) USGS (55) NOAA (41) NIST (34) DOT (14) USDA (12) DOD (09) NIH (07)

Decreases NASA (-10) DHS (-151)

Flat NSF EPA

Comparison are all to FY 2014 enacted

Federal RampD Budget(FY 2015 Proposed)

Status House 6 of 12 Passed House(late July) Senate None passed Senate

Source AAAS

Federal RampD Budget(FY 2015 Proposed)

ldquo[Speaker] Boehner told reporters that the House will pass a short-term continuing resolution to keep the government open sometime in September avoiding a government shutdown that would otherwise occur on the last day of the month The legislation would likely expire in early December he said punting decisions about the nations spending to a lame-duck Congress just after the midterm electionrdquo

National Journal Daily 72514

Federal RampD Budget(OMB 2016 SampT Budget Guidance)

FY 2016 SampT Budget Priorities (July 18)

ldquoThe priorities covered in this memo require investments in RampD support for activities such as [STEM] education technology transfer RampD facilities and scientific data collection and management that enable a robust science and technology enterprise and cooperation among multiple Federal agenciesrdquo

Multi-agency Priorities

Advanced manufacturingClean energyEarth observationsGlobal Climate Change

IT and high-perf computingNational and homeland securityRampD for informed policy-making

Federal RampD Budget(OMB Management Agenda CAP Goals and 2016

Budget) Management Agenda Priorities for FY 2016 Budget (July 18)

ldquoThe Presidents Management Agenda seeks to improve the way that Government works and delivers for citizens It is guided by four pillars efficiency effectiveness economic growth and people and culture The Management Agenda is being executed through eight distinct Management Cross-Agency-Priority Goals that fall under these four pillars hellip For each selected goal we have identified targeted areas for additional information that agencies should address in their budget submissionsrdquo

CAP7 Economic Growth - Lab to Market ldquoIncrease the economic impact of Federally-funded research and development by accelerating and improving the transfer of new technologies from the laboratory to the commercial marketplacerdquo

Congressional Actions(113th Congress)

Multiple proposals potentially affecting tech transfer activities (related to STTR and tech commercialization DOE tech transfer use of prize competitions tech commercialization pilot program at NSF other)

Title Number Date Status

DOE Mod Act HR 5120 714 Passed House (to S)

EINSTEIN Act HR 4869 614 Ref House SST

ATTAIN Act S 2129 314 Ref Senate ENR

INNOVATES Act S 1973 114 Ref Senate ENR

TRANSFER Act HR 2981 813 (amended) Ref House SSTampSB

CRADA Act HR 1711 413 Ref House SST

Congressional Actions(DOE-centric proposals)

Common Components (partly derived from ITIF Turning the Page report (2013)

Reorganization (creating new UnderSec for Science and Energy or creating new Office of Advanced Research Tech Transfer and Innovation in Energy - OARTTIE) with tech transfer responsibilities

Est commission to review T2 program and make recommendations

Carry out an Agreements for Commercializing Technology (ACT) pilot based on program developed in 2011

Delegate signature authority to lab directors for agreements under $1M

Allow lab directors to use funds for early-stage and pre-commercial demonstration activities to demonstrate commercial potential of technologies

Allow DOE-funded researchers to participate in I-Corp (NSF) or establish a DOE T2-Corps (modeled on I-Corps)

Other

Congressional Actions(TRANSFER Act of 2013)

Technology and Research Accelerating National Security and Future Economic Resiliency (TRANSFER) Act of 2013 (H 2981)

ldquolsquoEach Federal agency required hellip to establish an STTR program shall carry out a grant program to support innovative approaches to technology transfer at institutions of higher education non-profit research institutions and FederalLaboratories in order to accelerate the commercialization of federally funded research and technology by small business concerns including new businessesrdquo

Use of Funds early-stage proof of concept fundingidentifying research and technologies for commercializationtech maturation funding tech validation market research clarifying IP rights mentoring and education

Amounts $1M to institution ($150K from institution to individual)

Introduced 8213 House SB Cmte and House SSampT CmteAmended 12513 House SST

Strongly supported by the university community

Judicial Actions(Software patentability)

Alice Corporation v CLS Bank International

June 19th (SC Decision) ldquoThe question presented is whether these claims are patent eligible under 35 U S C sect101 or are instead drawn to a patent-ineligible abstract idea We hold that the claims at issue are drawn to the abstract idea of intermediated settlement and that merely requiring generic computer implementation fails to transform that abstract idea into a patent-eligible inventionrdquo

June 19th (IPWatchdog blog) ldquoOn first read I donrsquot see how any software patent claims written as method or systems claims can survive challengerdquo

June 25th (USPTO Guidance issued) Preliminary Examination Instructions in View of the SC Decision in Alice Corp v CLS Bank International

July 25th (Patently-O blog) ldquoBased on info from several sources it appears that the USPTO is now taking a more aggressive stance on subject matter eligibility hellip It appears that applications whose inventive features are found in software or information processing will now have a difficult time being patentedrdquo

Judicial Actions(Software patentability - continued)

Alice Corporation v CLS Bank International

August 5th (Peggy Focarino USPTO Commissioner for Patents)

ldquo[T]the USPTO has applications that were indicated as allowable prior to Alice Corp but that have not yet issued as patents Given our duty to issue patents in compliance with existing case law we have taken steps to avoid granting patents on those applications containing patent ineligible claims in view of Alice Corp To this end our primary examiners and supervisory patent examiners (SPEs) promptly reviewed the small group of such applications that were most likely to be affected by the Alice Corp rulingrdquo

ldquoWe withdrew notice of allowances for some of these applications due to the presence of at least one claim having an abstract idea and no more than a generic computer to perform generic computer functions After withdrawal the applications were returned to the originally assigned examiner for further prosecution Over the past several days our examiners have proactively notified those applicants whose applications were withdrawn helliprdquo

Resources on FLC Web Site(wwwfederallabsorg)

Points of Contact (Agency TTOs gt300 Lab TTOs)

Locate Technologies and Capabilities (Tech Locator Service Available Technologies Search FLC Business Resource (coming soon))

Training and Education (Courses Materials etc)

Reference Materials (Green Book Desk Reference Mechanisms Database etc)

News amp General Information

Youtube demo for FLC Available Technologies Search Tool

Lab Reps Contact Denise Wainer

dwainerutrscom

April 28 ndash 30 2015

Gary Jones

Phone 240-444-1383

gkjonesctrfederallabsorg

wwwfederallabsorg

FLC Washington DC Representative

  • PowerPoint Presentation
  • Slide 2
  • Slide 3
  • Slide 4
  • Slide 5
  • Slide 6
  • Slide 7
  • Slide 8
  • Slide 9
  • Slide 10
  • Slide 11
  • Slide 12
  • Slide 13
  • Slide 14
  • Slide 15
  • Slide 16
  • Slide 17
  • Slide 18
  • Slide 19
  • Slide 20
  • Slide 21
  • Resources on FLC Web Site (wwwfederallabsorg)
  • Slide 23
  • Slide 24
  • Slide 25
  • Slide 26
  • Slide 27
  • Slide 28
Page 8: FLC Washington DC Office Gary K. Jones FLC DC Representative FLC MW Regional Meeting “White House Lab to Market” “View From DC” Indianapolis, IN August

L2M AP Open RampD Assets

Agencies are to make comprehensive IP and RampD facility data sets available in open and machine-readable format on wwwdatagov

Increase utilization of facilities and equipment by external entrepreneurs and innovators

Reduce costcomplexity of executing licenses

FLC launched its Available Technologies search ndash expanding

Next up FLCBusiness a tool for businesses to find facilities etc

Making recommendations for IP licensing programs that support easier access by startups and small businesses and for RampD facility and equipment use policies

L2M AP Fueling Small Business Innovation

SBIR managers are bull Launching a unified and comprehensive Federal search tool across

all open SBIRSTTR solicitationsbull Analyzing lead times best practices accounting procedures across

agenciesbull Creating an interagency playbook for commercialization best

practices

Each agency is to implement plans to bull Reduce lead timesbull Align more solicitation topics with cross-agency RampD prioritiesbull Streamline accounting and reporting requirements and allow

flexibility for small businesses to adapt their performance benchmarks based on new commercialization pathways

discovered during the performance period

L2M AP Evaluating Impact

Report on metrics that capture RampD commercialization inputs and outputs

Develop outcome metrics that capture longer-term economic impact in collaboration with the research community

Look at technical areas in patents bo CRADAs and licenses by small business v large business etc

Maybe measure start-ups

Develop studies on higher order research questions

Cite other peer reviewed studies etc Other

Patents for Humanity is an awards competition for aiding the less fortunate by rewarding the use of patented technologies to solve global challenges

WIPO-Green is an interactive marketplace that promotes innovation and diffusion of green technologies by connecting technology and service providers with those seeking innovative solutions

Accelerating green technology transfer to impact American lives highlights the FLC Available Technologies search tool (and many examples of lsquogreenrsquo tech transfer) (White House blog post Paul Zielinski FLC Chair co-author)

Other Administration Initiatives(With FLC Engagement)

OSTP FY 2015 SampT Budget Documents

FY 2014 Budget proposes $1354 billion for Federal RampD an increase of $17 billion or 12 percent over the 2014 enacted

Federal research portfoliomdashcomprising basic and applied researchmdashwould total $647 billion up $251 million or 04 percent

Non-defense RampD would rise 07 percent ($477 million) to $659 billion Defense (DOD amp DOE) RampD would rise 17 percent ($12 billion) to $695 billion

Increases DOE (84) USGS (55) NOAA (41) NIST (34) DOT (14) USDA (12) DOD (09) NIH (07)

Decreases NASA (-10) DHS (-151)

Flat NSF EPA

Comparison are all to FY 2014 enacted

Federal RampD Budget(FY 2015 Proposed)

Status House 6 of 12 Passed House(late July) Senate None passed Senate

Source AAAS

Federal RampD Budget(FY 2015 Proposed)

ldquo[Speaker] Boehner told reporters that the House will pass a short-term continuing resolution to keep the government open sometime in September avoiding a government shutdown that would otherwise occur on the last day of the month The legislation would likely expire in early December he said punting decisions about the nations spending to a lame-duck Congress just after the midterm electionrdquo

National Journal Daily 72514

Federal RampD Budget(OMB 2016 SampT Budget Guidance)

FY 2016 SampT Budget Priorities (July 18)

ldquoThe priorities covered in this memo require investments in RampD support for activities such as [STEM] education technology transfer RampD facilities and scientific data collection and management that enable a robust science and technology enterprise and cooperation among multiple Federal agenciesrdquo

Multi-agency Priorities

Advanced manufacturingClean energyEarth observationsGlobal Climate Change

IT and high-perf computingNational and homeland securityRampD for informed policy-making

Federal RampD Budget(OMB Management Agenda CAP Goals and 2016

Budget) Management Agenda Priorities for FY 2016 Budget (July 18)

ldquoThe Presidents Management Agenda seeks to improve the way that Government works and delivers for citizens It is guided by four pillars efficiency effectiveness economic growth and people and culture The Management Agenda is being executed through eight distinct Management Cross-Agency-Priority Goals that fall under these four pillars hellip For each selected goal we have identified targeted areas for additional information that agencies should address in their budget submissionsrdquo

CAP7 Economic Growth - Lab to Market ldquoIncrease the economic impact of Federally-funded research and development by accelerating and improving the transfer of new technologies from the laboratory to the commercial marketplacerdquo

Congressional Actions(113th Congress)

Multiple proposals potentially affecting tech transfer activities (related to STTR and tech commercialization DOE tech transfer use of prize competitions tech commercialization pilot program at NSF other)

Title Number Date Status

DOE Mod Act HR 5120 714 Passed House (to S)

EINSTEIN Act HR 4869 614 Ref House SST

ATTAIN Act S 2129 314 Ref Senate ENR

INNOVATES Act S 1973 114 Ref Senate ENR

TRANSFER Act HR 2981 813 (amended) Ref House SSTampSB

CRADA Act HR 1711 413 Ref House SST

Congressional Actions(DOE-centric proposals)

Common Components (partly derived from ITIF Turning the Page report (2013)

Reorganization (creating new UnderSec for Science and Energy or creating new Office of Advanced Research Tech Transfer and Innovation in Energy - OARTTIE) with tech transfer responsibilities

Est commission to review T2 program and make recommendations

Carry out an Agreements for Commercializing Technology (ACT) pilot based on program developed in 2011

Delegate signature authority to lab directors for agreements under $1M

Allow lab directors to use funds for early-stage and pre-commercial demonstration activities to demonstrate commercial potential of technologies

Allow DOE-funded researchers to participate in I-Corp (NSF) or establish a DOE T2-Corps (modeled on I-Corps)

Other

Congressional Actions(TRANSFER Act of 2013)

Technology and Research Accelerating National Security and Future Economic Resiliency (TRANSFER) Act of 2013 (H 2981)

ldquolsquoEach Federal agency required hellip to establish an STTR program shall carry out a grant program to support innovative approaches to technology transfer at institutions of higher education non-profit research institutions and FederalLaboratories in order to accelerate the commercialization of federally funded research and technology by small business concerns including new businessesrdquo

Use of Funds early-stage proof of concept fundingidentifying research and technologies for commercializationtech maturation funding tech validation market research clarifying IP rights mentoring and education

Amounts $1M to institution ($150K from institution to individual)

Introduced 8213 House SB Cmte and House SSampT CmteAmended 12513 House SST

Strongly supported by the university community

Judicial Actions(Software patentability)

Alice Corporation v CLS Bank International

June 19th (SC Decision) ldquoThe question presented is whether these claims are patent eligible under 35 U S C sect101 or are instead drawn to a patent-ineligible abstract idea We hold that the claims at issue are drawn to the abstract idea of intermediated settlement and that merely requiring generic computer implementation fails to transform that abstract idea into a patent-eligible inventionrdquo

June 19th (IPWatchdog blog) ldquoOn first read I donrsquot see how any software patent claims written as method or systems claims can survive challengerdquo

June 25th (USPTO Guidance issued) Preliminary Examination Instructions in View of the SC Decision in Alice Corp v CLS Bank International

July 25th (Patently-O blog) ldquoBased on info from several sources it appears that the USPTO is now taking a more aggressive stance on subject matter eligibility hellip It appears that applications whose inventive features are found in software or information processing will now have a difficult time being patentedrdquo

Judicial Actions(Software patentability - continued)

Alice Corporation v CLS Bank International

August 5th (Peggy Focarino USPTO Commissioner for Patents)

ldquo[T]the USPTO has applications that were indicated as allowable prior to Alice Corp but that have not yet issued as patents Given our duty to issue patents in compliance with existing case law we have taken steps to avoid granting patents on those applications containing patent ineligible claims in view of Alice Corp To this end our primary examiners and supervisory patent examiners (SPEs) promptly reviewed the small group of such applications that were most likely to be affected by the Alice Corp rulingrdquo

ldquoWe withdrew notice of allowances for some of these applications due to the presence of at least one claim having an abstract idea and no more than a generic computer to perform generic computer functions After withdrawal the applications were returned to the originally assigned examiner for further prosecution Over the past several days our examiners have proactively notified those applicants whose applications were withdrawn helliprdquo

Resources on FLC Web Site(wwwfederallabsorg)

Points of Contact (Agency TTOs gt300 Lab TTOs)

Locate Technologies and Capabilities (Tech Locator Service Available Technologies Search FLC Business Resource (coming soon))

Training and Education (Courses Materials etc)

Reference Materials (Green Book Desk Reference Mechanisms Database etc)

News amp General Information

Youtube demo for FLC Available Technologies Search Tool

Lab Reps Contact Denise Wainer

dwainerutrscom

April 28 ndash 30 2015

Gary Jones

Phone 240-444-1383

gkjonesctrfederallabsorg

wwwfederallabsorg

FLC Washington DC Representative

  • PowerPoint Presentation
  • Slide 2
  • Slide 3
  • Slide 4
  • Slide 5
  • Slide 6
  • Slide 7
  • Slide 8
  • Slide 9
  • Slide 10
  • Slide 11
  • Slide 12
  • Slide 13
  • Slide 14
  • Slide 15
  • Slide 16
  • Slide 17
  • Slide 18
  • Slide 19
  • Slide 20
  • Slide 21
  • Resources on FLC Web Site (wwwfederallabsorg)
  • Slide 23
  • Slide 24
  • Slide 25
  • Slide 26
  • Slide 27
  • Slide 28
Page 9: FLC Washington DC Office Gary K. Jones FLC DC Representative FLC MW Regional Meeting “White House Lab to Market” “View From DC” Indianapolis, IN August

L2M AP Fueling Small Business Innovation

SBIR managers are bull Launching a unified and comprehensive Federal search tool across

all open SBIRSTTR solicitationsbull Analyzing lead times best practices accounting procedures across

agenciesbull Creating an interagency playbook for commercialization best

practices

Each agency is to implement plans to bull Reduce lead timesbull Align more solicitation topics with cross-agency RampD prioritiesbull Streamline accounting and reporting requirements and allow

flexibility for small businesses to adapt their performance benchmarks based on new commercialization pathways

discovered during the performance period

L2M AP Evaluating Impact

Report on metrics that capture RampD commercialization inputs and outputs

Develop outcome metrics that capture longer-term economic impact in collaboration with the research community

Look at technical areas in patents bo CRADAs and licenses by small business v large business etc

Maybe measure start-ups

Develop studies on higher order research questions

Cite other peer reviewed studies etc Other

Patents for Humanity is an awards competition for aiding the less fortunate by rewarding the use of patented technologies to solve global challenges

WIPO-Green is an interactive marketplace that promotes innovation and diffusion of green technologies by connecting technology and service providers with those seeking innovative solutions

Accelerating green technology transfer to impact American lives highlights the FLC Available Technologies search tool (and many examples of lsquogreenrsquo tech transfer) (White House blog post Paul Zielinski FLC Chair co-author)

Other Administration Initiatives(With FLC Engagement)

OSTP FY 2015 SampT Budget Documents

FY 2014 Budget proposes $1354 billion for Federal RampD an increase of $17 billion or 12 percent over the 2014 enacted

Federal research portfoliomdashcomprising basic and applied researchmdashwould total $647 billion up $251 million or 04 percent

Non-defense RampD would rise 07 percent ($477 million) to $659 billion Defense (DOD amp DOE) RampD would rise 17 percent ($12 billion) to $695 billion

Increases DOE (84) USGS (55) NOAA (41) NIST (34) DOT (14) USDA (12) DOD (09) NIH (07)

Decreases NASA (-10) DHS (-151)

Flat NSF EPA

Comparison are all to FY 2014 enacted

Federal RampD Budget(FY 2015 Proposed)

Status House 6 of 12 Passed House(late July) Senate None passed Senate

Source AAAS

Federal RampD Budget(FY 2015 Proposed)

ldquo[Speaker] Boehner told reporters that the House will pass a short-term continuing resolution to keep the government open sometime in September avoiding a government shutdown that would otherwise occur on the last day of the month The legislation would likely expire in early December he said punting decisions about the nations spending to a lame-duck Congress just after the midterm electionrdquo

National Journal Daily 72514

Federal RampD Budget(OMB 2016 SampT Budget Guidance)

FY 2016 SampT Budget Priorities (July 18)

ldquoThe priorities covered in this memo require investments in RampD support for activities such as [STEM] education technology transfer RampD facilities and scientific data collection and management that enable a robust science and technology enterprise and cooperation among multiple Federal agenciesrdquo

Multi-agency Priorities

Advanced manufacturingClean energyEarth observationsGlobal Climate Change

IT and high-perf computingNational and homeland securityRampD for informed policy-making

Federal RampD Budget(OMB Management Agenda CAP Goals and 2016

Budget) Management Agenda Priorities for FY 2016 Budget (July 18)

ldquoThe Presidents Management Agenda seeks to improve the way that Government works and delivers for citizens It is guided by four pillars efficiency effectiveness economic growth and people and culture The Management Agenda is being executed through eight distinct Management Cross-Agency-Priority Goals that fall under these four pillars hellip For each selected goal we have identified targeted areas for additional information that agencies should address in their budget submissionsrdquo

CAP7 Economic Growth - Lab to Market ldquoIncrease the economic impact of Federally-funded research and development by accelerating and improving the transfer of new technologies from the laboratory to the commercial marketplacerdquo

Congressional Actions(113th Congress)

Multiple proposals potentially affecting tech transfer activities (related to STTR and tech commercialization DOE tech transfer use of prize competitions tech commercialization pilot program at NSF other)

Title Number Date Status

DOE Mod Act HR 5120 714 Passed House (to S)

EINSTEIN Act HR 4869 614 Ref House SST

ATTAIN Act S 2129 314 Ref Senate ENR

INNOVATES Act S 1973 114 Ref Senate ENR

TRANSFER Act HR 2981 813 (amended) Ref House SSTampSB

CRADA Act HR 1711 413 Ref House SST

Congressional Actions(DOE-centric proposals)

Common Components (partly derived from ITIF Turning the Page report (2013)

Reorganization (creating new UnderSec for Science and Energy or creating new Office of Advanced Research Tech Transfer and Innovation in Energy - OARTTIE) with tech transfer responsibilities

Est commission to review T2 program and make recommendations

Carry out an Agreements for Commercializing Technology (ACT) pilot based on program developed in 2011

Delegate signature authority to lab directors for agreements under $1M

Allow lab directors to use funds for early-stage and pre-commercial demonstration activities to demonstrate commercial potential of technologies

Allow DOE-funded researchers to participate in I-Corp (NSF) or establish a DOE T2-Corps (modeled on I-Corps)

Other

Congressional Actions(TRANSFER Act of 2013)

Technology and Research Accelerating National Security and Future Economic Resiliency (TRANSFER) Act of 2013 (H 2981)

ldquolsquoEach Federal agency required hellip to establish an STTR program shall carry out a grant program to support innovative approaches to technology transfer at institutions of higher education non-profit research institutions and FederalLaboratories in order to accelerate the commercialization of federally funded research and technology by small business concerns including new businessesrdquo

Use of Funds early-stage proof of concept fundingidentifying research and technologies for commercializationtech maturation funding tech validation market research clarifying IP rights mentoring and education

Amounts $1M to institution ($150K from institution to individual)

Introduced 8213 House SB Cmte and House SSampT CmteAmended 12513 House SST

Strongly supported by the university community

Judicial Actions(Software patentability)

Alice Corporation v CLS Bank International

June 19th (SC Decision) ldquoThe question presented is whether these claims are patent eligible under 35 U S C sect101 or are instead drawn to a patent-ineligible abstract idea We hold that the claims at issue are drawn to the abstract idea of intermediated settlement and that merely requiring generic computer implementation fails to transform that abstract idea into a patent-eligible inventionrdquo

June 19th (IPWatchdog blog) ldquoOn first read I donrsquot see how any software patent claims written as method or systems claims can survive challengerdquo

June 25th (USPTO Guidance issued) Preliminary Examination Instructions in View of the SC Decision in Alice Corp v CLS Bank International

July 25th (Patently-O blog) ldquoBased on info from several sources it appears that the USPTO is now taking a more aggressive stance on subject matter eligibility hellip It appears that applications whose inventive features are found in software or information processing will now have a difficult time being patentedrdquo

Judicial Actions(Software patentability - continued)

Alice Corporation v CLS Bank International

August 5th (Peggy Focarino USPTO Commissioner for Patents)

ldquo[T]the USPTO has applications that were indicated as allowable prior to Alice Corp but that have not yet issued as patents Given our duty to issue patents in compliance with existing case law we have taken steps to avoid granting patents on those applications containing patent ineligible claims in view of Alice Corp To this end our primary examiners and supervisory patent examiners (SPEs) promptly reviewed the small group of such applications that were most likely to be affected by the Alice Corp rulingrdquo

ldquoWe withdrew notice of allowances for some of these applications due to the presence of at least one claim having an abstract idea and no more than a generic computer to perform generic computer functions After withdrawal the applications were returned to the originally assigned examiner for further prosecution Over the past several days our examiners have proactively notified those applicants whose applications were withdrawn helliprdquo

Resources on FLC Web Site(wwwfederallabsorg)

Points of Contact (Agency TTOs gt300 Lab TTOs)

Locate Technologies and Capabilities (Tech Locator Service Available Technologies Search FLC Business Resource (coming soon))

Training and Education (Courses Materials etc)

Reference Materials (Green Book Desk Reference Mechanisms Database etc)

News amp General Information

Youtube demo for FLC Available Technologies Search Tool

Lab Reps Contact Denise Wainer

dwainerutrscom

April 28 ndash 30 2015

Gary Jones

Phone 240-444-1383

gkjonesctrfederallabsorg

wwwfederallabsorg

FLC Washington DC Representative

  • PowerPoint Presentation
  • Slide 2
  • Slide 3
  • Slide 4
  • Slide 5
  • Slide 6
  • Slide 7
  • Slide 8
  • Slide 9
  • Slide 10
  • Slide 11
  • Slide 12
  • Slide 13
  • Slide 14
  • Slide 15
  • Slide 16
  • Slide 17
  • Slide 18
  • Slide 19
  • Slide 20
  • Slide 21
  • Resources on FLC Web Site (wwwfederallabsorg)
  • Slide 23
  • Slide 24
  • Slide 25
  • Slide 26
  • Slide 27
  • Slide 28
Page 10: FLC Washington DC Office Gary K. Jones FLC DC Representative FLC MW Regional Meeting “White House Lab to Market” “View From DC” Indianapolis, IN August

L2M AP Evaluating Impact

Report on metrics that capture RampD commercialization inputs and outputs

Develop outcome metrics that capture longer-term economic impact in collaboration with the research community

Look at technical areas in patents bo CRADAs and licenses by small business v large business etc

Maybe measure start-ups

Develop studies on higher order research questions

Cite other peer reviewed studies etc Other

Patents for Humanity is an awards competition for aiding the less fortunate by rewarding the use of patented technologies to solve global challenges

WIPO-Green is an interactive marketplace that promotes innovation and diffusion of green technologies by connecting technology and service providers with those seeking innovative solutions

Accelerating green technology transfer to impact American lives highlights the FLC Available Technologies search tool (and many examples of lsquogreenrsquo tech transfer) (White House blog post Paul Zielinski FLC Chair co-author)

Other Administration Initiatives(With FLC Engagement)

OSTP FY 2015 SampT Budget Documents

FY 2014 Budget proposes $1354 billion for Federal RampD an increase of $17 billion or 12 percent over the 2014 enacted

Federal research portfoliomdashcomprising basic and applied researchmdashwould total $647 billion up $251 million or 04 percent

Non-defense RampD would rise 07 percent ($477 million) to $659 billion Defense (DOD amp DOE) RampD would rise 17 percent ($12 billion) to $695 billion

Increases DOE (84) USGS (55) NOAA (41) NIST (34) DOT (14) USDA (12) DOD (09) NIH (07)

Decreases NASA (-10) DHS (-151)

Flat NSF EPA

Comparison are all to FY 2014 enacted

Federal RampD Budget(FY 2015 Proposed)

Status House 6 of 12 Passed House(late July) Senate None passed Senate

Source AAAS

Federal RampD Budget(FY 2015 Proposed)

ldquo[Speaker] Boehner told reporters that the House will pass a short-term continuing resolution to keep the government open sometime in September avoiding a government shutdown that would otherwise occur on the last day of the month The legislation would likely expire in early December he said punting decisions about the nations spending to a lame-duck Congress just after the midterm electionrdquo

National Journal Daily 72514

Federal RampD Budget(OMB 2016 SampT Budget Guidance)

FY 2016 SampT Budget Priorities (July 18)

ldquoThe priorities covered in this memo require investments in RampD support for activities such as [STEM] education technology transfer RampD facilities and scientific data collection and management that enable a robust science and technology enterprise and cooperation among multiple Federal agenciesrdquo

Multi-agency Priorities

Advanced manufacturingClean energyEarth observationsGlobal Climate Change

IT and high-perf computingNational and homeland securityRampD for informed policy-making

Federal RampD Budget(OMB Management Agenda CAP Goals and 2016

Budget) Management Agenda Priorities for FY 2016 Budget (July 18)

ldquoThe Presidents Management Agenda seeks to improve the way that Government works and delivers for citizens It is guided by four pillars efficiency effectiveness economic growth and people and culture The Management Agenda is being executed through eight distinct Management Cross-Agency-Priority Goals that fall under these four pillars hellip For each selected goal we have identified targeted areas for additional information that agencies should address in their budget submissionsrdquo

CAP7 Economic Growth - Lab to Market ldquoIncrease the economic impact of Federally-funded research and development by accelerating and improving the transfer of new technologies from the laboratory to the commercial marketplacerdquo

Congressional Actions(113th Congress)

Multiple proposals potentially affecting tech transfer activities (related to STTR and tech commercialization DOE tech transfer use of prize competitions tech commercialization pilot program at NSF other)

Title Number Date Status

DOE Mod Act HR 5120 714 Passed House (to S)

EINSTEIN Act HR 4869 614 Ref House SST

ATTAIN Act S 2129 314 Ref Senate ENR

INNOVATES Act S 1973 114 Ref Senate ENR

TRANSFER Act HR 2981 813 (amended) Ref House SSTampSB

CRADA Act HR 1711 413 Ref House SST

Congressional Actions(DOE-centric proposals)

Common Components (partly derived from ITIF Turning the Page report (2013)

Reorganization (creating new UnderSec for Science and Energy or creating new Office of Advanced Research Tech Transfer and Innovation in Energy - OARTTIE) with tech transfer responsibilities

Est commission to review T2 program and make recommendations

Carry out an Agreements for Commercializing Technology (ACT) pilot based on program developed in 2011

Delegate signature authority to lab directors for agreements under $1M

Allow lab directors to use funds for early-stage and pre-commercial demonstration activities to demonstrate commercial potential of technologies

Allow DOE-funded researchers to participate in I-Corp (NSF) or establish a DOE T2-Corps (modeled on I-Corps)

Other

Congressional Actions(TRANSFER Act of 2013)

Technology and Research Accelerating National Security and Future Economic Resiliency (TRANSFER) Act of 2013 (H 2981)

ldquolsquoEach Federal agency required hellip to establish an STTR program shall carry out a grant program to support innovative approaches to technology transfer at institutions of higher education non-profit research institutions and FederalLaboratories in order to accelerate the commercialization of federally funded research and technology by small business concerns including new businessesrdquo

Use of Funds early-stage proof of concept fundingidentifying research and technologies for commercializationtech maturation funding tech validation market research clarifying IP rights mentoring and education

Amounts $1M to institution ($150K from institution to individual)

Introduced 8213 House SB Cmte and House SSampT CmteAmended 12513 House SST

Strongly supported by the university community

Judicial Actions(Software patentability)

Alice Corporation v CLS Bank International

June 19th (SC Decision) ldquoThe question presented is whether these claims are patent eligible under 35 U S C sect101 or are instead drawn to a patent-ineligible abstract idea We hold that the claims at issue are drawn to the abstract idea of intermediated settlement and that merely requiring generic computer implementation fails to transform that abstract idea into a patent-eligible inventionrdquo

June 19th (IPWatchdog blog) ldquoOn first read I donrsquot see how any software patent claims written as method or systems claims can survive challengerdquo

June 25th (USPTO Guidance issued) Preliminary Examination Instructions in View of the SC Decision in Alice Corp v CLS Bank International

July 25th (Patently-O blog) ldquoBased on info from several sources it appears that the USPTO is now taking a more aggressive stance on subject matter eligibility hellip It appears that applications whose inventive features are found in software or information processing will now have a difficult time being patentedrdquo

Judicial Actions(Software patentability - continued)

Alice Corporation v CLS Bank International

August 5th (Peggy Focarino USPTO Commissioner for Patents)

ldquo[T]the USPTO has applications that were indicated as allowable prior to Alice Corp but that have not yet issued as patents Given our duty to issue patents in compliance with existing case law we have taken steps to avoid granting patents on those applications containing patent ineligible claims in view of Alice Corp To this end our primary examiners and supervisory patent examiners (SPEs) promptly reviewed the small group of such applications that were most likely to be affected by the Alice Corp rulingrdquo

ldquoWe withdrew notice of allowances for some of these applications due to the presence of at least one claim having an abstract idea and no more than a generic computer to perform generic computer functions After withdrawal the applications were returned to the originally assigned examiner for further prosecution Over the past several days our examiners have proactively notified those applicants whose applications were withdrawn helliprdquo

Resources on FLC Web Site(wwwfederallabsorg)

Points of Contact (Agency TTOs gt300 Lab TTOs)

Locate Technologies and Capabilities (Tech Locator Service Available Technologies Search FLC Business Resource (coming soon))

Training and Education (Courses Materials etc)

Reference Materials (Green Book Desk Reference Mechanisms Database etc)

News amp General Information

Youtube demo for FLC Available Technologies Search Tool

Lab Reps Contact Denise Wainer

dwainerutrscom

April 28 ndash 30 2015

Gary Jones

Phone 240-444-1383

gkjonesctrfederallabsorg

wwwfederallabsorg

FLC Washington DC Representative

  • PowerPoint Presentation
  • Slide 2
  • Slide 3
  • Slide 4
  • Slide 5
  • Slide 6
  • Slide 7
  • Slide 8
  • Slide 9
  • Slide 10
  • Slide 11
  • Slide 12
  • Slide 13
  • Slide 14
  • Slide 15
  • Slide 16
  • Slide 17
  • Slide 18
  • Slide 19
  • Slide 20
  • Slide 21
  • Resources on FLC Web Site (wwwfederallabsorg)
  • Slide 23
  • Slide 24
  • Slide 25
  • Slide 26
  • Slide 27
  • Slide 28
Page 11: FLC Washington DC Office Gary K. Jones FLC DC Representative FLC MW Regional Meeting “White House Lab to Market” “View From DC” Indianapolis, IN August

Patents for Humanity is an awards competition for aiding the less fortunate by rewarding the use of patented technologies to solve global challenges

WIPO-Green is an interactive marketplace that promotes innovation and diffusion of green technologies by connecting technology and service providers with those seeking innovative solutions

Accelerating green technology transfer to impact American lives highlights the FLC Available Technologies search tool (and many examples of lsquogreenrsquo tech transfer) (White House blog post Paul Zielinski FLC Chair co-author)

Other Administration Initiatives(With FLC Engagement)

OSTP FY 2015 SampT Budget Documents

FY 2014 Budget proposes $1354 billion for Federal RampD an increase of $17 billion or 12 percent over the 2014 enacted

Federal research portfoliomdashcomprising basic and applied researchmdashwould total $647 billion up $251 million or 04 percent

Non-defense RampD would rise 07 percent ($477 million) to $659 billion Defense (DOD amp DOE) RampD would rise 17 percent ($12 billion) to $695 billion

Increases DOE (84) USGS (55) NOAA (41) NIST (34) DOT (14) USDA (12) DOD (09) NIH (07)

Decreases NASA (-10) DHS (-151)

Flat NSF EPA

Comparison are all to FY 2014 enacted

Federal RampD Budget(FY 2015 Proposed)

Status House 6 of 12 Passed House(late July) Senate None passed Senate

Source AAAS

Federal RampD Budget(FY 2015 Proposed)

ldquo[Speaker] Boehner told reporters that the House will pass a short-term continuing resolution to keep the government open sometime in September avoiding a government shutdown that would otherwise occur on the last day of the month The legislation would likely expire in early December he said punting decisions about the nations spending to a lame-duck Congress just after the midterm electionrdquo

National Journal Daily 72514

Federal RampD Budget(OMB 2016 SampT Budget Guidance)

FY 2016 SampT Budget Priorities (July 18)

ldquoThe priorities covered in this memo require investments in RampD support for activities such as [STEM] education technology transfer RampD facilities and scientific data collection and management that enable a robust science and technology enterprise and cooperation among multiple Federal agenciesrdquo

Multi-agency Priorities

Advanced manufacturingClean energyEarth observationsGlobal Climate Change

IT and high-perf computingNational and homeland securityRampD for informed policy-making

Federal RampD Budget(OMB Management Agenda CAP Goals and 2016

Budget) Management Agenda Priorities for FY 2016 Budget (July 18)

ldquoThe Presidents Management Agenda seeks to improve the way that Government works and delivers for citizens It is guided by four pillars efficiency effectiveness economic growth and people and culture The Management Agenda is being executed through eight distinct Management Cross-Agency-Priority Goals that fall under these four pillars hellip For each selected goal we have identified targeted areas for additional information that agencies should address in their budget submissionsrdquo

CAP7 Economic Growth - Lab to Market ldquoIncrease the economic impact of Federally-funded research and development by accelerating and improving the transfer of new technologies from the laboratory to the commercial marketplacerdquo

Congressional Actions(113th Congress)

Multiple proposals potentially affecting tech transfer activities (related to STTR and tech commercialization DOE tech transfer use of prize competitions tech commercialization pilot program at NSF other)

Title Number Date Status

DOE Mod Act HR 5120 714 Passed House (to S)

EINSTEIN Act HR 4869 614 Ref House SST

ATTAIN Act S 2129 314 Ref Senate ENR

INNOVATES Act S 1973 114 Ref Senate ENR

TRANSFER Act HR 2981 813 (amended) Ref House SSTampSB

CRADA Act HR 1711 413 Ref House SST

Congressional Actions(DOE-centric proposals)

Common Components (partly derived from ITIF Turning the Page report (2013)

Reorganization (creating new UnderSec for Science and Energy or creating new Office of Advanced Research Tech Transfer and Innovation in Energy - OARTTIE) with tech transfer responsibilities

Est commission to review T2 program and make recommendations

Carry out an Agreements for Commercializing Technology (ACT) pilot based on program developed in 2011

Delegate signature authority to lab directors for agreements under $1M

Allow lab directors to use funds for early-stage and pre-commercial demonstration activities to demonstrate commercial potential of technologies

Allow DOE-funded researchers to participate in I-Corp (NSF) or establish a DOE T2-Corps (modeled on I-Corps)

Other

Congressional Actions(TRANSFER Act of 2013)

Technology and Research Accelerating National Security and Future Economic Resiliency (TRANSFER) Act of 2013 (H 2981)

ldquolsquoEach Federal agency required hellip to establish an STTR program shall carry out a grant program to support innovative approaches to technology transfer at institutions of higher education non-profit research institutions and FederalLaboratories in order to accelerate the commercialization of federally funded research and technology by small business concerns including new businessesrdquo

Use of Funds early-stage proof of concept fundingidentifying research and technologies for commercializationtech maturation funding tech validation market research clarifying IP rights mentoring and education

Amounts $1M to institution ($150K from institution to individual)

Introduced 8213 House SB Cmte and House SSampT CmteAmended 12513 House SST

Strongly supported by the university community

Judicial Actions(Software patentability)

Alice Corporation v CLS Bank International

June 19th (SC Decision) ldquoThe question presented is whether these claims are patent eligible under 35 U S C sect101 or are instead drawn to a patent-ineligible abstract idea We hold that the claims at issue are drawn to the abstract idea of intermediated settlement and that merely requiring generic computer implementation fails to transform that abstract idea into a patent-eligible inventionrdquo

June 19th (IPWatchdog blog) ldquoOn first read I donrsquot see how any software patent claims written as method or systems claims can survive challengerdquo

June 25th (USPTO Guidance issued) Preliminary Examination Instructions in View of the SC Decision in Alice Corp v CLS Bank International

July 25th (Patently-O blog) ldquoBased on info from several sources it appears that the USPTO is now taking a more aggressive stance on subject matter eligibility hellip It appears that applications whose inventive features are found in software or information processing will now have a difficult time being patentedrdquo

Judicial Actions(Software patentability - continued)

Alice Corporation v CLS Bank International

August 5th (Peggy Focarino USPTO Commissioner for Patents)

ldquo[T]the USPTO has applications that were indicated as allowable prior to Alice Corp but that have not yet issued as patents Given our duty to issue patents in compliance with existing case law we have taken steps to avoid granting patents on those applications containing patent ineligible claims in view of Alice Corp To this end our primary examiners and supervisory patent examiners (SPEs) promptly reviewed the small group of such applications that were most likely to be affected by the Alice Corp rulingrdquo

ldquoWe withdrew notice of allowances for some of these applications due to the presence of at least one claim having an abstract idea and no more than a generic computer to perform generic computer functions After withdrawal the applications were returned to the originally assigned examiner for further prosecution Over the past several days our examiners have proactively notified those applicants whose applications were withdrawn helliprdquo

Resources on FLC Web Site(wwwfederallabsorg)

Points of Contact (Agency TTOs gt300 Lab TTOs)

Locate Technologies and Capabilities (Tech Locator Service Available Technologies Search FLC Business Resource (coming soon))

Training and Education (Courses Materials etc)

Reference Materials (Green Book Desk Reference Mechanisms Database etc)

News amp General Information

Youtube demo for FLC Available Technologies Search Tool

Lab Reps Contact Denise Wainer

dwainerutrscom

April 28 ndash 30 2015

Gary Jones

Phone 240-444-1383

gkjonesctrfederallabsorg

wwwfederallabsorg

FLC Washington DC Representative

  • PowerPoint Presentation
  • Slide 2
  • Slide 3
  • Slide 4
  • Slide 5
  • Slide 6
  • Slide 7
  • Slide 8
  • Slide 9
  • Slide 10
  • Slide 11
  • Slide 12
  • Slide 13
  • Slide 14
  • Slide 15
  • Slide 16
  • Slide 17
  • Slide 18
  • Slide 19
  • Slide 20
  • Slide 21
  • Resources on FLC Web Site (wwwfederallabsorg)
  • Slide 23
  • Slide 24
  • Slide 25
  • Slide 26
  • Slide 27
  • Slide 28
Page 12: FLC Washington DC Office Gary K. Jones FLC DC Representative FLC MW Regional Meeting “White House Lab to Market” “View From DC” Indianapolis, IN August

OSTP FY 2015 SampT Budget Documents

FY 2014 Budget proposes $1354 billion for Federal RampD an increase of $17 billion or 12 percent over the 2014 enacted

Federal research portfoliomdashcomprising basic and applied researchmdashwould total $647 billion up $251 million or 04 percent

Non-defense RampD would rise 07 percent ($477 million) to $659 billion Defense (DOD amp DOE) RampD would rise 17 percent ($12 billion) to $695 billion

Increases DOE (84) USGS (55) NOAA (41) NIST (34) DOT (14) USDA (12) DOD (09) NIH (07)

Decreases NASA (-10) DHS (-151)

Flat NSF EPA

Comparison are all to FY 2014 enacted

Federal RampD Budget(FY 2015 Proposed)

Status House 6 of 12 Passed House(late July) Senate None passed Senate

Source AAAS

Federal RampD Budget(FY 2015 Proposed)

ldquo[Speaker] Boehner told reporters that the House will pass a short-term continuing resolution to keep the government open sometime in September avoiding a government shutdown that would otherwise occur on the last day of the month The legislation would likely expire in early December he said punting decisions about the nations spending to a lame-duck Congress just after the midterm electionrdquo

National Journal Daily 72514

Federal RampD Budget(OMB 2016 SampT Budget Guidance)

FY 2016 SampT Budget Priorities (July 18)

ldquoThe priorities covered in this memo require investments in RampD support for activities such as [STEM] education technology transfer RampD facilities and scientific data collection and management that enable a robust science and technology enterprise and cooperation among multiple Federal agenciesrdquo

Multi-agency Priorities

Advanced manufacturingClean energyEarth observationsGlobal Climate Change

IT and high-perf computingNational and homeland securityRampD for informed policy-making

Federal RampD Budget(OMB Management Agenda CAP Goals and 2016

Budget) Management Agenda Priorities for FY 2016 Budget (July 18)

ldquoThe Presidents Management Agenda seeks to improve the way that Government works and delivers for citizens It is guided by four pillars efficiency effectiveness economic growth and people and culture The Management Agenda is being executed through eight distinct Management Cross-Agency-Priority Goals that fall under these four pillars hellip For each selected goal we have identified targeted areas for additional information that agencies should address in their budget submissionsrdquo

CAP7 Economic Growth - Lab to Market ldquoIncrease the economic impact of Federally-funded research and development by accelerating and improving the transfer of new technologies from the laboratory to the commercial marketplacerdquo

Congressional Actions(113th Congress)

Multiple proposals potentially affecting tech transfer activities (related to STTR and tech commercialization DOE tech transfer use of prize competitions tech commercialization pilot program at NSF other)

Title Number Date Status

DOE Mod Act HR 5120 714 Passed House (to S)

EINSTEIN Act HR 4869 614 Ref House SST

ATTAIN Act S 2129 314 Ref Senate ENR

INNOVATES Act S 1973 114 Ref Senate ENR

TRANSFER Act HR 2981 813 (amended) Ref House SSTampSB

CRADA Act HR 1711 413 Ref House SST

Congressional Actions(DOE-centric proposals)

Common Components (partly derived from ITIF Turning the Page report (2013)

Reorganization (creating new UnderSec for Science and Energy or creating new Office of Advanced Research Tech Transfer and Innovation in Energy - OARTTIE) with tech transfer responsibilities

Est commission to review T2 program and make recommendations

Carry out an Agreements for Commercializing Technology (ACT) pilot based on program developed in 2011

Delegate signature authority to lab directors for agreements under $1M

Allow lab directors to use funds for early-stage and pre-commercial demonstration activities to demonstrate commercial potential of technologies

Allow DOE-funded researchers to participate in I-Corp (NSF) or establish a DOE T2-Corps (modeled on I-Corps)

Other

Congressional Actions(TRANSFER Act of 2013)

Technology and Research Accelerating National Security and Future Economic Resiliency (TRANSFER) Act of 2013 (H 2981)

ldquolsquoEach Federal agency required hellip to establish an STTR program shall carry out a grant program to support innovative approaches to technology transfer at institutions of higher education non-profit research institutions and FederalLaboratories in order to accelerate the commercialization of federally funded research and technology by small business concerns including new businessesrdquo

Use of Funds early-stage proof of concept fundingidentifying research and technologies for commercializationtech maturation funding tech validation market research clarifying IP rights mentoring and education

Amounts $1M to institution ($150K from institution to individual)

Introduced 8213 House SB Cmte and House SSampT CmteAmended 12513 House SST

Strongly supported by the university community

Judicial Actions(Software patentability)

Alice Corporation v CLS Bank International

June 19th (SC Decision) ldquoThe question presented is whether these claims are patent eligible under 35 U S C sect101 or are instead drawn to a patent-ineligible abstract idea We hold that the claims at issue are drawn to the abstract idea of intermediated settlement and that merely requiring generic computer implementation fails to transform that abstract idea into a patent-eligible inventionrdquo

June 19th (IPWatchdog blog) ldquoOn first read I donrsquot see how any software patent claims written as method or systems claims can survive challengerdquo

June 25th (USPTO Guidance issued) Preliminary Examination Instructions in View of the SC Decision in Alice Corp v CLS Bank International

July 25th (Patently-O blog) ldquoBased on info from several sources it appears that the USPTO is now taking a more aggressive stance on subject matter eligibility hellip It appears that applications whose inventive features are found in software or information processing will now have a difficult time being patentedrdquo

Judicial Actions(Software patentability - continued)

Alice Corporation v CLS Bank International

August 5th (Peggy Focarino USPTO Commissioner for Patents)

ldquo[T]the USPTO has applications that were indicated as allowable prior to Alice Corp but that have not yet issued as patents Given our duty to issue patents in compliance with existing case law we have taken steps to avoid granting patents on those applications containing patent ineligible claims in view of Alice Corp To this end our primary examiners and supervisory patent examiners (SPEs) promptly reviewed the small group of such applications that were most likely to be affected by the Alice Corp rulingrdquo

ldquoWe withdrew notice of allowances for some of these applications due to the presence of at least one claim having an abstract idea and no more than a generic computer to perform generic computer functions After withdrawal the applications were returned to the originally assigned examiner for further prosecution Over the past several days our examiners have proactively notified those applicants whose applications were withdrawn helliprdquo

Resources on FLC Web Site(wwwfederallabsorg)

Points of Contact (Agency TTOs gt300 Lab TTOs)

Locate Technologies and Capabilities (Tech Locator Service Available Technologies Search FLC Business Resource (coming soon))

Training and Education (Courses Materials etc)

Reference Materials (Green Book Desk Reference Mechanisms Database etc)

News amp General Information

Youtube demo for FLC Available Technologies Search Tool

Lab Reps Contact Denise Wainer

dwainerutrscom

April 28 ndash 30 2015

Gary Jones

Phone 240-444-1383

gkjonesctrfederallabsorg

wwwfederallabsorg

FLC Washington DC Representative

  • PowerPoint Presentation
  • Slide 2
  • Slide 3
  • Slide 4
  • Slide 5
  • Slide 6
  • Slide 7
  • Slide 8
  • Slide 9
  • Slide 10
  • Slide 11
  • Slide 12
  • Slide 13
  • Slide 14
  • Slide 15
  • Slide 16
  • Slide 17
  • Slide 18
  • Slide 19
  • Slide 20
  • Slide 21
  • Resources on FLC Web Site (wwwfederallabsorg)
  • Slide 23
  • Slide 24
  • Slide 25
  • Slide 26
  • Slide 27
  • Slide 28
Page 13: FLC Washington DC Office Gary K. Jones FLC DC Representative FLC MW Regional Meeting “White House Lab to Market” “View From DC” Indianapolis, IN August

Source AAAS

Federal RampD Budget(FY 2015 Proposed)

ldquo[Speaker] Boehner told reporters that the House will pass a short-term continuing resolution to keep the government open sometime in September avoiding a government shutdown that would otherwise occur on the last day of the month The legislation would likely expire in early December he said punting decisions about the nations spending to a lame-duck Congress just after the midterm electionrdquo

National Journal Daily 72514

Federal RampD Budget(OMB 2016 SampT Budget Guidance)

FY 2016 SampT Budget Priorities (July 18)

ldquoThe priorities covered in this memo require investments in RampD support for activities such as [STEM] education technology transfer RampD facilities and scientific data collection and management that enable a robust science and technology enterprise and cooperation among multiple Federal agenciesrdquo

Multi-agency Priorities

Advanced manufacturingClean energyEarth observationsGlobal Climate Change

IT and high-perf computingNational and homeland securityRampD for informed policy-making

Federal RampD Budget(OMB Management Agenda CAP Goals and 2016

Budget) Management Agenda Priorities for FY 2016 Budget (July 18)

ldquoThe Presidents Management Agenda seeks to improve the way that Government works and delivers for citizens It is guided by four pillars efficiency effectiveness economic growth and people and culture The Management Agenda is being executed through eight distinct Management Cross-Agency-Priority Goals that fall under these four pillars hellip For each selected goal we have identified targeted areas for additional information that agencies should address in their budget submissionsrdquo

CAP7 Economic Growth - Lab to Market ldquoIncrease the economic impact of Federally-funded research and development by accelerating and improving the transfer of new technologies from the laboratory to the commercial marketplacerdquo

Congressional Actions(113th Congress)

Multiple proposals potentially affecting tech transfer activities (related to STTR and tech commercialization DOE tech transfer use of prize competitions tech commercialization pilot program at NSF other)

Title Number Date Status

DOE Mod Act HR 5120 714 Passed House (to S)

EINSTEIN Act HR 4869 614 Ref House SST

ATTAIN Act S 2129 314 Ref Senate ENR

INNOVATES Act S 1973 114 Ref Senate ENR

TRANSFER Act HR 2981 813 (amended) Ref House SSTampSB

CRADA Act HR 1711 413 Ref House SST

Congressional Actions(DOE-centric proposals)

Common Components (partly derived from ITIF Turning the Page report (2013)

Reorganization (creating new UnderSec for Science and Energy or creating new Office of Advanced Research Tech Transfer and Innovation in Energy - OARTTIE) with tech transfer responsibilities

Est commission to review T2 program and make recommendations

Carry out an Agreements for Commercializing Technology (ACT) pilot based on program developed in 2011

Delegate signature authority to lab directors for agreements under $1M

Allow lab directors to use funds for early-stage and pre-commercial demonstration activities to demonstrate commercial potential of technologies

Allow DOE-funded researchers to participate in I-Corp (NSF) or establish a DOE T2-Corps (modeled on I-Corps)

Other

Congressional Actions(TRANSFER Act of 2013)

Technology and Research Accelerating National Security and Future Economic Resiliency (TRANSFER) Act of 2013 (H 2981)

ldquolsquoEach Federal agency required hellip to establish an STTR program shall carry out a grant program to support innovative approaches to technology transfer at institutions of higher education non-profit research institutions and FederalLaboratories in order to accelerate the commercialization of federally funded research and technology by small business concerns including new businessesrdquo

Use of Funds early-stage proof of concept fundingidentifying research and technologies for commercializationtech maturation funding tech validation market research clarifying IP rights mentoring and education

Amounts $1M to institution ($150K from institution to individual)

Introduced 8213 House SB Cmte and House SSampT CmteAmended 12513 House SST

Strongly supported by the university community

Judicial Actions(Software patentability)

Alice Corporation v CLS Bank International

June 19th (SC Decision) ldquoThe question presented is whether these claims are patent eligible under 35 U S C sect101 or are instead drawn to a patent-ineligible abstract idea We hold that the claims at issue are drawn to the abstract idea of intermediated settlement and that merely requiring generic computer implementation fails to transform that abstract idea into a patent-eligible inventionrdquo

June 19th (IPWatchdog blog) ldquoOn first read I donrsquot see how any software patent claims written as method or systems claims can survive challengerdquo

June 25th (USPTO Guidance issued) Preliminary Examination Instructions in View of the SC Decision in Alice Corp v CLS Bank International

July 25th (Patently-O blog) ldquoBased on info from several sources it appears that the USPTO is now taking a more aggressive stance on subject matter eligibility hellip It appears that applications whose inventive features are found in software or information processing will now have a difficult time being patentedrdquo

Judicial Actions(Software patentability - continued)

Alice Corporation v CLS Bank International

August 5th (Peggy Focarino USPTO Commissioner for Patents)

ldquo[T]the USPTO has applications that were indicated as allowable prior to Alice Corp but that have not yet issued as patents Given our duty to issue patents in compliance with existing case law we have taken steps to avoid granting patents on those applications containing patent ineligible claims in view of Alice Corp To this end our primary examiners and supervisory patent examiners (SPEs) promptly reviewed the small group of such applications that were most likely to be affected by the Alice Corp rulingrdquo

ldquoWe withdrew notice of allowances for some of these applications due to the presence of at least one claim having an abstract idea and no more than a generic computer to perform generic computer functions After withdrawal the applications were returned to the originally assigned examiner for further prosecution Over the past several days our examiners have proactively notified those applicants whose applications were withdrawn helliprdquo

Resources on FLC Web Site(wwwfederallabsorg)

Points of Contact (Agency TTOs gt300 Lab TTOs)

Locate Technologies and Capabilities (Tech Locator Service Available Technologies Search FLC Business Resource (coming soon))

Training and Education (Courses Materials etc)

Reference Materials (Green Book Desk Reference Mechanisms Database etc)

News amp General Information

Youtube demo for FLC Available Technologies Search Tool

Lab Reps Contact Denise Wainer

dwainerutrscom

April 28 ndash 30 2015

Gary Jones

Phone 240-444-1383

gkjonesctrfederallabsorg

wwwfederallabsorg

FLC Washington DC Representative

  • PowerPoint Presentation
  • Slide 2
  • Slide 3
  • Slide 4
  • Slide 5
  • Slide 6
  • Slide 7
  • Slide 8
  • Slide 9
  • Slide 10
  • Slide 11
  • Slide 12
  • Slide 13
  • Slide 14
  • Slide 15
  • Slide 16
  • Slide 17
  • Slide 18
  • Slide 19
  • Slide 20
  • Slide 21
  • Resources on FLC Web Site (wwwfederallabsorg)
  • Slide 23
  • Slide 24
  • Slide 25
  • Slide 26
  • Slide 27
  • Slide 28
Page 14: FLC Washington DC Office Gary K. Jones FLC DC Representative FLC MW Regional Meeting “White House Lab to Market” “View From DC” Indianapolis, IN August

Federal RampD Budget(FY 2015 Proposed)

ldquo[Speaker] Boehner told reporters that the House will pass a short-term continuing resolution to keep the government open sometime in September avoiding a government shutdown that would otherwise occur on the last day of the month The legislation would likely expire in early December he said punting decisions about the nations spending to a lame-duck Congress just after the midterm electionrdquo

National Journal Daily 72514

Federal RampD Budget(OMB 2016 SampT Budget Guidance)

FY 2016 SampT Budget Priorities (July 18)

ldquoThe priorities covered in this memo require investments in RampD support for activities such as [STEM] education technology transfer RampD facilities and scientific data collection and management that enable a robust science and technology enterprise and cooperation among multiple Federal agenciesrdquo

Multi-agency Priorities

Advanced manufacturingClean energyEarth observationsGlobal Climate Change

IT and high-perf computingNational and homeland securityRampD for informed policy-making

Federal RampD Budget(OMB Management Agenda CAP Goals and 2016

Budget) Management Agenda Priorities for FY 2016 Budget (July 18)

ldquoThe Presidents Management Agenda seeks to improve the way that Government works and delivers for citizens It is guided by four pillars efficiency effectiveness economic growth and people and culture The Management Agenda is being executed through eight distinct Management Cross-Agency-Priority Goals that fall under these four pillars hellip For each selected goal we have identified targeted areas for additional information that agencies should address in their budget submissionsrdquo

CAP7 Economic Growth - Lab to Market ldquoIncrease the economic impact of Federally-funded research and development by accelerating and improving the transfer of new technologies from the laboratory to the commercial marketplacerdquo

Congressional Actions(113th Congress)

Multiple proposals potentially affecting tech transfer activities (related to STTR and tech commercialization DOE tech transfer use of prize competitions tech commercialization pilot program at NSF other)

Title Number Date Status

DOE Mod Act HR 5120 714 Passed House (to S)

EINSTEIN Act HR 4869 614 Ref House SST

ATTAIN Act S 2129 314 Ref Senate ENR

INNOVATES Act S 1973 114 Ref Senate ENR

TRANSFER Act HR 2981 813 (amended) Ref House SSTampSB

CRADA Act HR 1711 413 Ref House SST

Congressional Actions(DOE-centric proposals)

Common Components (partly derived from ITIF Turning the Page report (2013)

Reorganization (creating new UnderSec for Science and Energy or creating new Office of Advanced Research Tech Transfer and Innovation in Energy - OARTTIE) with tech transfer responsibilities

Est commission to review T2 program and make recommendations

Carry out an Agreements for Commercializing Technology (ACT) pilot based on program developed in 2011

Delegate signature authority to lab directors for agreements under $1M

Allow lab directors to use funds for early-stage and pre-commercial demonstration activities to demonstrate commercial potential of technologies

Allow DOE-funded researchers to participate in I-Corp (NSF) or establish a DOE T2-Corps (modeled on I-Corps)

Other

Congressional Actions(TRANSFER Act of 2013)

Technology and Research Accelerating National Security and Future Economic Resiliency (TRANSFER) Act of 2013 (H 2981)

ldquolsquoEach Federal agency required hellip to establish an STTR program shall carry out a grant program to support innovative approaches to technology transfer at institutions of higher education non-profit research institutions and FederalLaboratories in order to accelerate the commercialization of federally funded research and technology by small business concerns including new businessesrdquo

Use of Funds early-stage proof of concept fundingidentifying research and technologies for commercializationtech maturation funding tech validation market research clarifying IP rights mentoring and education

Amounts $1M to institution ($150K from institution to individual)

Introduced 8213 House SB Cmte and House SSampT CmteAmended 12513 House SST

Strongly supported by the university community

Judicial Actions(Software patentability)

Alice Corporation v CLS Bank International

June 19th (SC Decision) ldquoThe question presented is whether these claims are patent eligible under 35 U S C sect101 or are instead drawn to a patent-ineligible abstract idea We hold that the claims at issue are drawn to the abstract idea of intermediated settlement and that merely requiring generic computer implementation fails to transform that abstract idea into a patent-eligible inventionrdquo

June 19th (IPWatchdog blog) ldquoOn first read I donrsquot see how any software patent claims written as method or systems claims can survive challengerdquo

June 25th (USPTO Guidance issued) Preliminary Examination Instructions in View of the SC Decision in Alice Corp v CLS Bank International

July 25th (Patently-O blog) ldquoBased on info from several sources it appears that the USPTO is now taking a more aggressive stance on subject matter eligibility hellip It appears that applications whose inventive features are found in software or information processing will now have a difficult time being patentedrdquo

Judicial Actions(Software patentability - continued)

Alice Corporation v CLS Bank International

August 5th (Peggy Focarino USPTO Commissioner for Patents)

ldquo[T]the USPTO has applications that were indicated as allowable prior to Alice Corp but that have not yet issued as patents Given our duty to issue patents in compliance with existing case law we have taken steps to avoid granting patents on those applications containing patent ineligible claims in view of Alice Corp To this end our primary examiners and supervisory patent examiners (SPEs) promptly reviewed the small group of such applications that were most likely to be affected by the Alice Corp rulingrdquo

ldquoWe withdrew notice of allowances for some of these applications due to the presence of at least one claim having an abstract idea and no more than a generic computer to perform generic computer functions After withdrawal the applications were returned to the originally assigned examiner for further prosecution Over the past several days our examiners have proactively notified those applicants whose applications were withdrawn helliprdquo

Resources on FLC Web Site(wwwfederallabsorg)

Points of Contact (Agency TTOs gt300 Lab TTOs)

Locate Technologies and Capabilities (Tech Locator Service Available Technologies Search FLC Business Resource (coming soon))

Training and Education (Courses Materials etc)

Reference Materials (Green Book Desk Reference Mechanisms Database etc)

News amp General Information

Youtube demo for FLC Available Technologies Search Tool

Lab Reps Contact Denise Wainer

dwainerutrscom

April 28 ndash 30 2015

Gary Jones

Phone 240-444-1383

gkjonesctrfederallabsorg

wwwfederallabsorg

FLC Washington DC Representative

  • PowerPoint Presentation
  • Slide 2
  • Slide 3
  • Slide 4
  • Slide 5
  • Slide 6
  • Slide 7
  • Slide 8
  • Slide 9
  • Slide 10
  • Slide 11
  • Slide 12
  • Slide 13
  • Slide 14
  • Slide 15
  • Slide 16
  • Slide 17
  • Slide 18
  • Slide 19
  • Slide 20
  • Slide 21
  • Resources on FLC Web Site (wwwfederallabsorg)
  • Slide 23
  • Slide 24
  • Slide 25
  • Slide 26
  • Slide 27
  • Slide 28
Page 15: FLC Washington DC Office Gary K. Jones FLC DC Representative FLC MW Regional Meeting “White House Lab to Market” “View From DC” Indianapolis, IN August

Federal RampD Budget(OMB 2016 SampT Budget Guidance)

FY 2016 SampT Budget Priorities (July 18)

ldquoThe priorities covered in this memo require investments in RampD support for activities such as [STEM] education technology transfer RampD facilities and scientific data collection and management that enable a robust science and technology enterprise and cooperation among multiple Federal agenciesrdquo

Multi-agency Priorities

Advanced manufacturingClean energyEarth observationsGlobal Climate Change

IT and high-perf computingNational and homeland securityRampD for informed policy-making

Federal RampD Budget(OMB Management Agenda CAP Goals and 2016

Budget) Management Agenda Priorities for FY 2016 Budget (July 18)

ldquoThe Presidents Management Agenda seeks to improve the way that Government works and delivers for citizens It is guided by four pillars efficiency effectiveness economic growth and people and culture The Management Agenda is being executed through eight distinct Management Cross-Agency-Priority Goals that fall under these four pillars hellip For each selected goal we have identified targeted areas for additional information that agencies should address in their budget submissionsrdquo

CAP7 Economic Growth - Lab to Market ldquoIncrease the economic impact of Federally-funded research and development by accelerating and improving the transfer of new technologies from the laboratory to the commercial marketplacerdquo

Congressional Actions(113th Congress)

Multiple proposals potentially affecting tech transfer activities (related to STTR and tech commercialization DOE tech transfer use of prize competitions tech commercialization pilot program at NSF other)

Title Number Date Status

DOE Mod Act HR 5120 714 Passed House (to S)

EINSTEIN Act HR 4869 614 Ref House SST

ATTAIN Act S 2129 314 Ref Senate ENR

INNOVATES Act S 1973 114 Ref Senate ENR

TRANSFER Act HR 2981 813 (amended) Ref House SSTampSB

CRADA Act HR 1711 413 Ref House SST

Congressional Actions(DOE-centric proposals)

Common Components (partly derived from ITIF Turning the Page report (2013)

Reorganization (creating new UnderSec for Science and Energy or creating new Office of Advanced Research Tech Transfer and Innovation in Energy - OARTTIE) with tech transfer responsibilities

Est commission to review T2 program and make recommendations

Carry out an Agreements for Commercializing Technology (ACT) pilot based on program developed in 2011

Delegate signature authority to lab directors for agreements under $1M

Allow lab directors to use funds for early-stage and pre-commercial demonstration activities to demonstrate commercial potential of technologies

Allow DOE-funded researchers to participate in I-Corp (NSF) or establish a DOE T2-Corps (modeled on I-Corps)

Other

Congressional Actions(TRANSFER Act of 2013)

Technology and Research Accelerating National Security and Future Economic Resiliency (TRANSFER) Act of 2013 (H 2981)

ldquolsquoEach Federal agency required hellip to establish an STTR program shall carry out a grant program to support innovative approaches to technology transfer at institutions of higher education non-profit research institutions and FederalLaboratories in order to accelerate the commercialization of federally funded research and technology by small business concerns including new businessesrdquo

Use of Funds early-stage proof of concept fundingidentifying research and technologies for commercializationtech maturation funding tech validation market research clarifying IP rights mentoring and education

Amounts $1M to institution ($150K from institution to individual)

Introduced 8213 House SB Cmte and House SSampT CmteAmended 12513 House SST

Strongly supported by the university community

Judicial Actions(Software patentability)

Alice Corporation v CLS Bank International

June 19th (SC Decision) ldquoThe question presented is whether these claims are patent eligible under 35 U S C sect101 or are instead drawn to a patent-ineligible abstract idea We hold that the claims at issue are drawn to the abstract idea of intermediated settlement and that merely requiring generic computer implementation fails to transform that abstract idea into a patent-eligible inventionrdquo

June 19th (IPWatchdog blog) ldquoOn first read I donrsquot see how any software patent claims written as method or systems claims can survive challengerdquo

June 25th (USPTO Guidance issued) Preliminary Examination Instructions in View of the SC Decision in Alice Corp v CLS Bank International

July 25th (Patently-O blog) ldquoBased on info from several sources it appears that the USPTO is now taking a more aggressive stance on subject matter eligibility hellip It appears that applications whose inventive features are found in software or information processing will now have a difficult time being patentedrdquo

Judicial Actions(Software patentability - continued)

Alice Corporation v CLS Bank International

August 5th (Peggy Focarino USPTO Commissioner for Patents)

ldquo[T]the USPTO has applications that were indicated as allowable prior to Alice Corp but that have not yet issued as patents Given our duty to issue patents in compliance with existing case law we have taken steps to avoid granting patents on those applications containing patent ineligible claims in view of Alice Corp To this end our primary examiners and supervisory patent examiners (SPEs) promptly reviewed the small group of such applications that were most likely to be affected by the Alice Corp rulingrdquo

ldquoWe withdrew notice of allowances for some of these applications due to the presence of at least one claim having an abstract idea and no more than a generic computer to perform generic computer functions After withdrawal the applications were returned to the originally assigned examiner for further prosecution Over the past several days our examiners have proactively notified those applicants whose applications were withdrawn helliprdquo

Resources on FLC Web Site(wwwfederallabsorg)

Points of Contact (Agency TTOs gt300 Lab TTOs)

Locate Technologies and Capabilities (Tech Locator Service Available Technologies Search FLC Business Resource (coming soon))

Training and Education (Courses Materials etc)

Reference Materials (Green Book Desk Reference Mechanisms Database etc)

News amp General Information

Youtube demo for FLC Available Technologies Search Tool

Lab Reps Contact Denise Wainer

dwainerutrscom

April 28 ndash 30 2015

Gary Jones

Phone 240-444-1383

gkjonesctrfederallabsorg

wwwfederallabsorg

FLC Washington DC Representative

  • PowerPoint Presentation
  • Slide 2
  • Slide 3
  • Slide 4
  • Slide 5
  • Slide 6
  • Slide 7
  • Slide 8
  • Slide 9
  • Slide 10
  • Slide 11
  • Slide 12
  • Slide 13
  • Slide 14
  • Slide 15
  • Slide 16
  • Slide 17
  • Slide 18
  • Slide 19
  • Slide 20
  • Slide 21
  • Resources on FLC Web Site (wwwfederallabsorg)
  • Slide 23
  • Slide 24
  • Slide 25
  • Slide 26
  • Slide 27
  • Slide 28
Page 16: FLC Washington DC Office Gary K. Jones FLC DC Representative FLC MW Regional Meeting “White House Lab to Market” “View From DC” Indianapolis, IN August

Federal RampD Budget(OMB Management Agenda CAP Goals and 2016

Budget) Management Agenda Priorities for FY 2016 Budget (July 18)

ldquoThe Presidents Management Agenda seeks to improve the way that Government works and delivers for citizens It is guided by four pillars efficiency effectiveness economic growth and people and culture The Management Agenda is being executed through eight distinct Management Cross-Agency-Priority Goals that fall under these four pillars hellip For each selected goal we have identified targeted areas for additional information that agencies should address in their budget submissionsrdquo

CAP7 Economic Growth - Lab to Market ldquoIncrease the economic impact of Federally-funded research and development by accelerating and improving the transfer of new technologies from the laboratory to the commercial marketplacerdquo

Congressional Actions(113th Congress)

Multiple proposals potentially affecting tech transfer activities (related to STTR and tech commercialization DOE tech transfer use of prize competitions tech commercialization pilot program at NSF other)

Title Number Date Status

DOE Mod Act HR 5120 714 Passed House (to S)

EINSTEIN Act HR 4869 614 Ref House SST

ATTAIN Act S 2129 314 Ref Senate ENR

INNOVATES Act S 1973 114 Ref Senate ENR

TRANSFER Act HR 2981 813 (amended) Ref House SSTampSB

CRADA Act HR 1711 413 Ref House SST

Congressional Actions(DOE-centric proposals)

Common Components (partly derived from ITIF Turning the Page report (2013)

Reorganization (creating new UnderSec for Science and Energy or creating new Office of Advanced Research Tech Transfer and Innovation in Energy - OARTTIE) with tech transfer responsibilities

Est commission to review T2 program and make recommendations

Carry out an Agreements for Commercializing Technology (ACT) pilot based on program developed in 2011

Delegate signature authority to lab directors for agreements under $1M

Allow lab directors to use funds for early-stage and pre-commercial demonstration activities to demonstrate commercial potential of technologies

Allow DOE-funded researchers to participate in I-Corp (NSF) or establish a DOE T2-Corps (modeled on I-Corps)

Other

Congressional Actions(TRANSFER Act of 2013)

Technology and Research Accelerating National Security and Future Economic Resiliency (TRANSFER) Act of 2013 (H 2981)

ldquolsquoEach Federal agency required hellip to establish an STTR program shall carry out a grant program to support innovative approaches to technology transfer at institutions of higher education non-profit research institutions and FederalLaboratories in order to accelerate the commercialization of federally funded research and technology by small business concerns including new businessesrdquo

Use of Funds early-stage proof of concept fundingidentifying research and technologies for commercializationtech maturation funding tech validation market research clarifying IP rights mentoring and education

Amounts $1M to institution ($150K from institution to individual)

Introduced 8213 House SB Cmte and House SSampT CmteAmended 12513 House SST

Strongly supported by the university community

Judicial Actions(Software patentability)

Alice Corporation v CLS Bank International

June 19th (SC Decision) ldquoThe question presented is whether these claims are patent eligible under 35 U S C sect101 or are instead drawn to a patent-ineligible abstract idea We hold that the claims at issue are drawn to the abstract idea of intermediated settlement and that merely requiring generic computer implementation fails to transform that abstract idea into a patent-eligible inventionrdquo

June 19th (IPWatchdog blog) ldquoOn first read I donrsquot see how any software patent claims written as method or systems claims can survive challengerdquo

June 25th (USPTO Guidance issued) Preliminary Examination Instructions in View of the SC Decision in Alice Corp v CLS Bank International

July 25th (Patently-O blog) ldquoBased on info from several sources it appears that the USPTO is now taking a more aggressive stance on subject matter eligibility hellip It appears that applications whose inventive features are found in software or information processing will now have a difficult time being patentedrdquo

Judicial Actions(Software patentability - continued)

Alice Corporation v CLS Bank International

August 5th (Peggy Focarino USPTO Commissioner for Patents)

ldquo[T]the USPTO has applications that were indicated as allowable prior to Alice Corp but that have not yet issued as patents Given our duty to issue patents in compliance with existing case law we have taken steps to avoid granting patents on those applications containing patent ineligible claims in view of Alice Corp To this end our primary examiners and supervisory patent examiners (SPEs) promptly reviewed the small group of such applications that were most likely to be affected by the Alice Corp rulingrdquo

ldquoWe withdrew notice of allowances for some of these applications due to the presence of at least one claim having an abstract idea and no more than a generic computer to perform generic computer functions After withdrawal the applications were returned to the originally assigned examiner for further prosecution Over the past several days our examiners have proactively notified those applicants whose applications were withdrawn helliprdquo

Resources on FLC Web Site(wwwfederallabsorg)

Points of Contact (Agency TTOs gt300 Lab TTOs)

Locate Technologies and Capabilities (Tech Locator Service Available Technologies Search FLC Business Resource (coming soon))

Training and Education (Courses Materials etc)

Reference Materials (Green Book Desk Reference Mechanisms Database etc)

News amp General Information

Youtube demo for FLC Available Technologies Search Tool

Lab Reps Contact Denise Wainer

dwainerutrscom

April 28 ndash 30 2015

Gary Jones

Phone 240-444-1383

gkjonesctrfederallabsorg

wwwfederallabsorg

FLC Washington DC Representative

  • PowerPoint Presentation
  • Slide 2
  • Slide 3
  • Slide 4
  • Slide 5
  • Slide 6
  • Slide 7
  • Slide 8
  • Slide 9
  • Slide 10
  • Slide 11
  • Slide 12
  • Slide 13
  • Slide 14
  • Slide 15
  • Slide 16
  • Slide 17
  • Slide 18
  • Slide 19
  • Slide 20
  • Slide 21
  • Resources on FLC Web Site (wwwfederallabsorg)
  • Slide 23
  • Slide 24
  • Slide 25
  • Slide 26
  • Slide 27
  • Slide 28
Page 17: FLC Washington DC Office Gary K. Jones FLC DC Representative FLC MW Regional Meeting “White House Lab to Market” “View From DC” Indianapolis, IN August

Congressional Actions(113th Congress)

Multiple proposals potentially affecting tech transfer activities (related to STTR and tech commercialization DOE tech transfer use of prize competitions tech commercialization pilot program at NSF other)

Title Number Date Status

DOE Mod Act HR 5120 714 Passed House (to S)

EINSTEIN Act HR 4869 614 Ref House SST

ATTAIN Act S 2129 314 Ref Senate ENR

INNOVATES Act S 1973 114 Ref Senate ENR

TRANSFER Act HR 2981 813 (amended) Ref House SSTampSB

CRADA Act HR 1711 413 Ref House SST

Congressional Actions(DOE-centric proposals)

Common Components (partly derived from ITIF Turning the Page report (2013)

Reorganization (creating new UnderSec for Science and Energy or creating new Office of Advanced Research Tech Transfer and Innovation in Energy - OARTTIE) with tech transfer responsibilities

Est commission to review T2 program and make recommendations

Carry out an Agreements for Commercializing Technology (ACT) pilot based on program developed in 2011

Delegate signature authority to lab directors for agreements under $1M

Allow lab directors to use funds for early-stage and pre-commercial demonstration activities to demonstrate commercial potential of technologies

Allow DOE-funded researchers to participate in I-Corp (NSF) or establish a DOE T2-Corps (modeled on I-Corps)

Other

Congressional Actions(TRANSFER Act of 2013)

Technology and Research Accelerating National Security and Future Economic Resiliency (TRANSFER) Act of 2013 (H 2981)

ldquolsquoEach Federal agency required hellip to establish an STTR program shall carry out a grant program to support innovative approaches to technology transfer at institutions of higher education non-profit research institutions and FederalLaboratories in order to accelerate the commercialization of federally funded research and technology by small business concerns including new businessesrdquo

Use of Funds early-stage proof of concept fundingidentifying research and technologies for commercializationtech maturation funding tech validation market research clarifying IP rights mentoring and education

Amounts $1M to institution ($150K from institution to individual)

Introduced 8213 House SB Cmte and House SSampT CmteAmended 12513 House SST

Strongly supported by the university community

Judicial Actions(Software patentability)

Alice Corporation v CLS Bank International

June 19th (SC Decision) ldquoThe question presented is whether these claims are patent eligible under 35 U S C sect101 or are instead drawn to a patent-ineligible abstract idea We hold that the claims at issue are drawn to the abstract idea of intermediated settlement and that merely requiring generic computer implementation fails to transform that abstract idea into a patent-eligible inventionrdquo

June 19th (IPWatchdog blog) ldquoOn first read I donrsquot see how any software patent claims written as method or systems claims can survive challengerdquo

June 25th (USPTO Guidance issued) Preliminary Examination Instructions in View of the SC Decision in Alice Corp v CLS Bank International

July 25th (Patently-O blog) ldquoBased on info from several sources it appears that the USPTO is now taking a more aggressive stance on subject matter eligibility hellip It appears that applications whose inventive features are found in software or information processing will now have a difficult time being patentedrdquo

Judicial Actions(Software patentability - continued)

Alice Corporation v CLS Bank International

August 5th (Peggy Focarino USPTO Commissioner for Patents)

ldquo[T]the USPTO has applications that were indicated as allowable prior to Alice Corp but that have not yet issued as patents Given our duty to issue patents in compliance with existing case law we have taken steps to avoid granting patents on those applications containing patent ineligible claims in view of Alice Corp To this end our primary examiners and supervisory patent examiners (SPEs) promptly reviewed the small group of such applications that were most likely to be affected by the Alice Corp rulingrdquo

ldquoWe withdrew notice of allowances for some of these applications due to the presence of at least one claim having an abstract idea and no more than a generic computer to perform generic computer functions After withdrawal the applications were returned to the originally assigned examiner for further prosecution Over the past several days our examiners have proactively notified those applicants whose applications were withdrawn helliprdquo

Resources on FLC Web Site(wwwfederallabsorg)

Points of Contact (Agency TTOs gt300 Lab TTOs)

Locate Technologies and Capabilities (Tech Locator Service Available Technologies Search FLC Business Resource (coming soon))

Training and Education (Courses Materials etc)

Reference Materials (Green Book Desk Reference Mechanisms Database etc)

News amp General Information

Youtube demo for FLC Available Technologies Search Tool

Lab Reps Contact Denise Wainer

dwainerutrscom

April 28 ndash 30 2015

Gary Jones

Phone 240-444-1383

gkjonesctrfederallabsorg

wwwfederallabsorg

FLC Washington DC Representative

  • PowerPoint Presentation
  • Slide 2
  • Slide 3
  • Slide 4
  • Slide 5
  • Slide 6
  • Slide 7
  • Slide 8
  • Slide 9
  • Slide 10
  • Slide 11
  • Slide 12
  • Slide 13
  • Slide 14
  • Slide 15
  • Slide 16
  • Slide 17
  • Slide 18
  • Slide 19
  • Slide 20
  • Slide 21
  • Resources on FLC Web Site (wwwfederallabsorg)
  • Slide 23
  • Slide 24
  • Slide 25
  • Slide 26
  • Slide 27
  • Slide 28
Page 18: FLC Washington DC Office Gary K. Jones FLC DC Representative FLC MW Regional Meeting “White House Lab to Market” “View From DC” Indianapolis, IN August

Congressional Actions(DOE-centric proposals)

Common Components (partly derived from ITIF Turning the Page report (2013)

Reorganization (creating new UnderSec for Science and Energy or creating new Office of Advanced Research Tech Transfer and Innovation in Energy - OARTTIE) with tech transfer responsibilities

Est commission to review T2 program and make recommendations

Carry out an Agreements for Commercializing Technology (ACT) pilot based on program developed in 2011

Delegate signature authority to lab directors for agreements under $1M

Allow lab directors to use funds for early-stage and pre-commercial demonstration activities to demonstrate commercial potential of technologies

Allow DOE-funded researchers to participate in I-Corp (NSF) or establish a DOE T2-Corps (modeled on I-Corps)

Other

Congressional Actions(TRANSFER Act of 2013)

Technology and Research Accelerating National Security and Future Economic Resiliency (TRANSFER) Act of 2013 (H 2981)

ldquolsquoEach Federal agency required hellip to establish an STTR program shall carry out a grant program to support innovative approaches to technology transfer at institutions of higher education non-profit research institutions and FederalLaboratories in order to accelerate the commercialization of federally funded research and technology by small business concerns including new businessesrdquo

Use of Funds early-stage proof of concept fundingidentifying research and technologies for commercializationtech maturation funding tech validation market research clarifying IP rights mentoring and education

Amounts $1M to institution ($150K from institution to individual)

Introduced 8213 House SB Cmte and House SSampT CmteAmended 12513 House SST

Strongly supported by the university community

Judicial Actions(Software patentability)

Alice Corporation v CLS Bank International

June 19th (SC Decision) ldquoThe question presented is whether these claims are patent eligible under 35 U S C sect101 or are instead drawn to a patent-ineligible abstract idea We hold that the claims at issue are drawn to the abstract idea of intermediated settlement and that merely requiring generic computer implementation fails to transform that abstract idea into a patent-eligible inventionrdquo

June 19th (IPWatchdog blog) ldquoOn first read I donrsquot see how any software patent claims written as method or systems claims can survive challengerdquo

June 25th (USPTO Guidance issued) Preliminary Examination Instructions in View of the SC Decision in Alice Corp v CLS Bank International

July 25th (Patently-O blog) ldquoBased on info from several sources it appears that the USPTO is now taking a more aggressive stance on subject matter eligibility hellip It appears that applications whose inventive features are found in software or information processing will now have a difficult time being patentedrdquo

Judicial Actions(Software patentability - continued)

Alice Corporation v CLS Bank International

August 5th (Peggy Focarino USPTO Commissioner for Patents)

ldquo[T]the USPTO has applications that were indicated as allowable prior to Alice Corp but that have not yet issued as patents Given our duty to issue patents in compliance with existing case law we have taken steps to avoid granting patents on those applications containing patent ineligible claims in view of Alice Corp To this end our primary examiners and supervisory patent examiners (SPEs) promptly reviewed the small group of such applications that were most likely to be affected by the Alice Corp rulingrdquo

ldquoWe withdrew notice of allowances for some of these applications due to the presence of at least one claim having an abstract idea and no more than a generic computer to perform generic computer functions After withdrawal the applications were returned to the originally assigned examiner for further prosecution Over the past several days our examiners have proactively notified those applicants whose applications were withdrawn helliprdquo

Resources on FLC Web Site(wwwfederallabsorg)

Points of Contact (Agency TTOs gt300 Lab TTOs)

Locate Technologies and Capabilities (Tech Locator Service Available Technologies Search FLC Business Resource (coming soon))

Training and Education (Courses Materials etc)

Reference Materials (Green Book Desk Reference Mechanisms Database etc)

News amp General Information

Youtube demo for FLC Available Technologies Search Tool

Lab Reps Contact Denise Wainer

dwainerutrscom

April 28 ndash 30 2015

Gary Jones

Phone 240-444-1383

gkjonesctrfederallabsorg

wwwfederallabsorg

FLC Washington DC Representative

  • PowerPoint Presentation
  • Slide 2
  • Slide 3
  • Slide 4
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  • Resources on FLC Web Site (wwwfederallabsorg)
  • Slide 23
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  • Slide 26
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  • Slide 28
Page 19: FLC Washington DC Office Gary K. Jones FLC DC Representative FLC MW Regional Meeting “White House Lab to Market” “View From DC” Indianapolis, IN August

Congressional Actions(TRANSFER Act of 2013)

Technology and Research Accelerating National Security and Future Economic Resiliency (TRANSFER) Act of 2013 (H 2981)

ldquolsquoEach Federal agency required hellip to establish an STTR program shall carry out a grant program to support innovative approaches to technology transfer at institutions of higher education non-profit research institutions and FederalLaboratories in order to accelerate the commercialization of federally funded research and technology by small business concerns including new businessesrdquo

Use of Funds early-stage proof of concept fundingidentifying research and technologies for commercializationtech maturation funding tech validation market research clarifying IP rights mentoring and education

Amounts $1M to institution ($150K from institution to individual)

Introduced 8213 House SB Cmte and House SSampT CmteAmended 12513 House SST

Strongly supported by the university community

Judicial Actions(Software patentability)

Alice Corporation v CLS Bank International

June 19th (SC Decision) ldquoThe question presented is whether these claims are patent eligible under 35 U S C sect101 or are instead drawn to a patent-ineligible abstract idea We hold that the claims at issue are drawn to the abstract idea of intermediated settlement and that merely requiring generic computer implementation fails to transform that abstract idea into a patent-eligible inventionrdquo

June 19th (IPWatchdog blog) ldquoOn first read I donrsquot see how any software patent claims written as method or systems claims can survive challengerdquo

June 25th (USPTO Guidance issued) Preliminary Examination Instructions in View of the SC Decision in Alice Corp v CLS Bank International

July 25th (Patently-O blog) ldquoBased on info from several sources it appears that the USPTO is now taking a more aggressive stance on subject matter eligibility hellip It appears that applications whose inventive features are found in software or information processing will now have a difficult time being patentedrdquo

Judicial Actions(Software patentability - continued)

Alice Corporation v CLS Bank International

August 5th (Peggy Focarino USPTO Commissioner for Patents)

ldquo[T]the USPTO has applications that were indicated as allowable prior to Alice Corp but that have not yet issued as patents Given our duty to issue patents in compliance with existing case law we have taken steps to avoid granting patents on those applications containing patent ineligible claims in view of Alice Corp To this end our primary examiners and supervisory patent examiners (SPEs) promptly reviewed the small group of such applications that were most likely to be affected by the Alice Corp rulingrdquo

ldquoWe withdrew notice of allowances for some of these applications due to the presence of at least one claim having an abstract idea and no more than a generic computer to perform generic computer functions After withdrawal the applications were returned to the originally assigned examiner for further prosecution Over the past several days our examiners have proactively notified those applicants whose applications were withdrawn helliprdquo

Resources on FLC Web Site(wwwfederallabsorg)

Points of Contact (Agency TTOs gt300 Lab TTOs)

Locate Technologies and Capabilities (Tech Locator Service Available Technologies Search FLC Business Resource (coming soon))

Training and Education (Courses Materials etc)

Reference Materials (Green Book Desk Reference Mechanisms Database etc)

News amp General Information

Youtube demo for FLC Available Technologies Search Tool

Lab Reps Contact Denise Wainer

dwainerutrscom

April 28 ndash 30 2015

Gary Jones

Phone 240-444-1383

gkjonesctrfederallabsorg

wwwfederallabsorg

FLC Washington DC Representative

  • PowerPoint Presentation
  • Slide 2
  • Slide 3
  • Slide 4
  • Slide 5
  • Slide 6
  • Slide 7
  • Slide 8
  • Slide 9
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  • Slide 14
  • Slide 15
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  • Slide 19
  • Slide 20
  • Slide 21
  • Resources on FLC Web Site (wwwfederallabsorg)
  • Slide 23
  • Slide 24
  • Slide 25
  • Slide 26
  • Slide 27
  • Slide 28
Page 20: FLC Washington DC Office Gary K. Jones FLC DC Representative FLC MW Regional Meeting “White House Lab to Market” “View From DC” Indianapolis, IN August

Judicial Actions(Software patentability)

Alice Corporation v CLS Bank International

June 19th (SC Decision) ldquoThe question presented is whether these claims are patent eligible under 35 U S C sect101 or are instead drawn to a patent-ineligible abstract idea We hold that the claims at issue are drawn to the abstract idea of intermediated settlement and that merely requiring generic computer implementation fails to transform that abstract idea into a patent-eligible inventionrdquo

June 19th (IPWatchdog blog) ldquoOn first read I donrsquot see how any software patent claims written as method or systems claims can survive challengerdquo

June 25th (USPTO Guidance issued) Preliminary Examination Instructions in View of the SC Decision in Alice Corp v CLS Bank International

July 25th (Patently-O blog) ldquoBased on info from several sources it appears that the USPTO is now taking a more aggressive stance on subject matter eligibility hellip It appears that applications whose inventive features are found in software or information processing will now have a difficult time being patentedrdquo

Judicial Actions(Software patentability - continued)

Alice Corporation v CLS Bank International

August 5th (Peggy Focarino USPTO Commissioner for Patents)

ldquo[T]the USPTO has applications that were indicated as allowable prior to Alice Corp but that have not yet issued as patents Given our duty to issue patents in compliance with existing case law we have taken steps to avoid granting patents on those applications containing patent ineligible claims in view of Alice Corp To this end our primary examiners and supervisory patent examiners (SPEs) promptly reviewed the small group of such applications that were most likely to be affected by the Alice Corp rulingrdquo

ldquoWe withdrew notice of allowances for some of these applications due to the presence of at least one claim having an abstract idea and no more than a generic computer to perform generic computer functions After withdrawal the applications were returned to the originally assigned examiner for further prosecution Over the past several days our examiners have proactively notified those applicants whose applications were withdrawn helliprdquo

Resources on FLC Web Site(wwwfederallabsorg)

Points of Contact (Agency TTOs gt300 Lab TTOs)

Locate Technologies and Capabilities (Tech Locator Service Available Technologies Search FLC Business Resource (coming soon))

Training and Education (Courses Materials etc)

Reference Materials (Green Book Desk Reference Mechanisms Database etc)

News amp General Information

Youtube demo for FLC Available Technologies Search Tool

Lab Reps Contact Denise Wainer

dwainerutrscom

April 28 ndash 30 2015

Gary Jones

Phone 240-444-1383

gkjonesctrfederallabsorg

wwwfederallabsorg

FLC Washington DC Representative

  • PowerPoint Presentation
  • Slide 2
  • Slide 3
  • Slide 4
  • Slide 5
  • Slide 6
  • Slide 7
  • Slide 8
  • Slide 9
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  • Resources on FLC Web Site (wwwfederallabsorg)
  • Slide 23
  • Slide 24
  • Slide 25
  • Slide 26
  • Slide 27
  • Slide 28
Page 21: FLC Washington DC Office Gary K. Jones FLC DC Representative FLC MW Regional Meeting “White House Lab to Market” “View From DC” Indianapolis, IN August

Judicial Actions(Software patentability - continued)

Alice Corporation v CLS Bank International

August 5th (Peggy Focarino USPTO Commissioner for Patents)

ldquo[T]the USPTO has applications that were indicated as allowable prior to Alice Corp but that have not yet issued as patents Given our duty to issue patents in compliance with existing case law we have taken steps to avoid granting patents on those applications containing patent ineligible claims in view of Alice Corp To this end our primary examiners and supervisory patent examiners (SPEs) promptly reviewed the small group of such applications that were most likely to be affected by the Alice Corp rulingrdquo

ldquoWe withdrew notice of allowances for some of these applications due to the presence of at least one claim having an abstract idea and no more than a generic computer to perform generic computer functions After withdrawal the applications were returned to the originally assigned examiner for further prosecution Over the past several days our examiners have proactively notified those applicants whose applications were withdrawn helliprdquo

Resources on FLC Web Site(wwwfederallabsorg)

Points of Contact (Agency TTOs gt300 Lab TTOs)

Locate Technologies and Capabilities (Tech Locator Service Available Technologies Search FLC Business Resource (coming soon))

Training and Education (Courses Materials etc)

Reference Materials (Green Book Desk Reference Mechanisms Database etc)

News amp General Information

Youtube demo for FLC Available Technologies Search Tool

Lab Reps Contact Denise Wainer

dwainerutrscom

April 28 ndash 30 2015

Gary Jones

Phone 240-444-1383

gkjonesctrfederallabsorg

wwwfederallabsorg

FLC Washington DC Representative

  • PowerPoint Presentation
  • Slide 2
  • Slide 3
  • Slide 4
  • Slide 5
  • Slide 6
  • Slide 7
  • Slide 8
  • Slide 9
  • Slide 10
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  • Slide 19
  • Slide 20
  • Slide 21
  • Resources on FLC Web Site (wwwfederallabsorg)
  • Slide 23
  • Slide 24
  • Slide 25
  • Slide 26
  • Slide 27
  • Slide 28
Page 22: FLC Washington DC Office Gary K. Jones FLC DC Representative FLC MW Regional Meeting “White House Lab to Market” “View From DC” Indianapolis, IN August

Resources on FLC Web Site(wwwfederallabsorg)

Points of Contact (Agency TTOs gt300 Lab TTOs)

Locate Technologies and Capabilities (Tech Locator Service Available Technologies Search FLC Business Resource (coming soon))

Training and Education (Courses Materials etc)

Reference Materials (Green Book Desk Reference Mechanisms Database etc)

News amp General Information

Youtube demo for FLC Available Technologies Search Tool

Lab Reps Contact Denise Wainer

dwainerutrscom

April 28 ndash 30 2015

Gary Jones

Phone 240-444-1383

gkjonesctrfederallabsorg

wwwfederallabsorg

FLC Washington DC Representative

  • PowerPoint Presentation
  • Slide 2
  • Slide 3
  • Slide 4
  • Slide 5
  • Slide 6
  • Slide 7
  • Slide 8
  • Slide 9
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  • Slide 21
  • Resources on FLC Web Site (wwwfederallabsorg)
  • Slide 23
  • Slide 24
  • Slide 25
  • Slide 26
  • Slide 27
  • Slide 28
Page 23: FLC Washington DC Office Gary K. Jones FLC DC Representative FLC MW Regional Meeting “White House Lab to Market” “View From DC” Indianapolis, IN August

Youtube demo for FLC Available Technologies Search Tool

Lab Reps Contact Denise Wainer

dwainerutrscom

April 28 ndash 30 2015

Gary Jones

Phone 240-444-1383

gkjonesctrfederallabsorg

wwwfederallabsorg

FLC Washington DC Representative

  • PowerPoint Presentation
  • Slide 2
  • Slide 3
  • Slide 4
  • Slide 5
  • Slide 6
  • Slide 7
  • Slide 8
  • Slide 9
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  • Slide 19
  • Slide 20
  • Slide 21
  • Resources on FLC Web Site (wwwfederallabsorg)
  • Slide 23
  • Slide 24
  • Slide 25
  • Slide 26
  • Slide 27
  • Slide 28
Page 24: FLC Washington DC Office Gary K. Jones FLC DC Representative FLC MW Regional Meeting “White House Lab to Market” “View From DC” Indianapolis, IN August

Lab Reps Contact Denise Wainer

dwainerutrscom

April 28 ndash 30 2015

Gary Jones

Phone 240-444-1383

gkjonesctrfederallabsorg

wwwfederallabsorg

FLC Washington DC Representative

  • PowerPoint Presentation
  • Slide 2
  • Slide 3
  • Slide 4
  • Slide 5
  • Slide 6
  • Slide 7
  • Slide 8
  • Slide 9
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  • Slide 20
  • Slide 21
  • Resources on FLC Web Site (wwwfederallabsorg)
  • Slide 23
  • Slide 24
  • Slide 25
  • Slide 26
  • Slide 27
  • Slide 28
Page 25: FLC Washington DC Office Gary K. Jones FLC DC Representative FLC MW Regional Meeting “White House Lab to Market” “View From DC” Indianapolis, IN August

April 28 ndash 30 2015

Gary Jones

Phone 240-444-1383

gkjonesctrfederallabsorg

wwwfederallabsorg

FLC Washington DC Representative

  • PowerPoint Presentation
  • Slide 2
  • Slide 3
  • Slide 4
  • Slide 5
  • Slide 6
  • Slide 7
  • Slide 8
  • Slide 9
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  • Slide 21
  • Resources on FLC Web Site (wwwfederallabsorg)
  • Slide 23
  • Slide 24
  • Slide 25
  • Slide 26
  • Slide 27
  • Slide 28
Page 26: FLC Washington DC Office Gary K. Jones FLC DC Representative FLC MW Regional Meeting “White House Lab to Market” “View From DC” Indianapolis, IN August

Gary Jones

Phone 240-444-1383

gkjonesctrfederallabsorg

wwwfederallabsorg

FLC Washington DC Representative

  • PowerPoint Presentation
  • Slide 2
  • Slide 3
  • Slide 4
  • Slide 5
  • Slide 6
  • Slide 7
  • Slide 8
  • Slide 9
  • Slide 10
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  • Slide 15
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  • Slide 19
  • Slide 20
  • Slide 21
  • Resources on FLC Web Site (wwwfederallabsorg)
  • Slide 23
  • Slide 24
  • Slide 25
  • Slide 26
  • Slide 27
  • Slide 28