Number: RL32051
Title: Innovation and Intellectual Property Issues in Homeland Security
Authors: John R. Thomas, Resources, Science, and Industry Division 
Abstract: Perhaps not fully appreciated during the Cipro incident was the fact that existing laws provide mechanisms for addressing potential conflicts between intellectual property rights and homeland security needs.  These mechanisms include a government taking of the intellectual property, subject to reasonable compensation owed to the patent owner, as well as government purchase of patents. Legislation introduced in the 107th Congress would have called for the award of a compulsory patent license in the event of a public health emergency. Other current or proposed legislation also relates to the intersection between intellectual property and homeland security, including the Invention Secrecy Act and a proposed patent extension for firms that develop anti-terrorism technologies. This report addresses each of these issues in turn.
Pages: 19
Date: January 17, 2008