[Federal Register Volume 70, Number 152 (Tuesday, August 9, 2005)]
[Rules and Regulations]
[Pages 46079-46080]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-15665]
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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
14 CFR Part 1260
RIN 2700-AD14
NASA Grant and Cooperative Agreement Handbook--Intellectual
Property Required Reports and Publications
AGENCY: National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
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SUMMARY: This final rule amends the NASA Grant and Cooperative
Agreement Handbook (Handbook) to clarify intellectual property
provisions. Provision Sec. 1260.28, ``Patent rights'' is amended to
refer to NASA contractors as ``Contractors'' and not ``Recipients''.
Provision Sec. 1260.30, ``Rights in data'' is amended to clarify the
definition of the word ``data''. Provision Sec. 1260.75, ``Summary of
report requirements'', is amended to correct the cross-references to
the intellectual property provisions of the Handbook. These changes are
administrative in nature. No change is being made to the actual
reporting requirements.
DATES: Effective August 9, 2005.
FOR FURTHER INFORMATION CONTACT: Monique Sullivan, NASA Headquarters,
Code HK, Washington, DC, (703-553-2560) e-mail: [email protected].
SUPPLEMENTARY INFORMATION:
A. Background
This final rule amends the NASA Grant and Cooperative Agreement
Handbook (Handbook) to make three clarifications to intellectual
property provisions: (1) Provision Sec. 1260.28, ``Patent rights''
currently refers to NASA Contractors as ``Recipients''. This final rule
amends Sec. 1260.28 to refer to NASA contractors as ``Contractors''
and not ``Recipients''; (2) Paragraph (a)(1) of Provision Sec.
1260.30, ``Rights in data'' is amended to correct previous revisions of
the definition of the word ``data'' to include copyrightable work in
which the recipient asserts copyright, or for which copyright ownership
was purchased. The words ``created under the grant or cooperative
agreement'' are added to the Provision for clarification; and (3)
Intellectual Property provisions are reflected in Provisions Sec.
1260.28, Sec. 1260.30, Sec. 1260.50, Sec. 1260.57, and Sec. 1260.59
of the Handbook. Provision Sec. 1260.75 of the Handbook summarizes the
reporting responsibilities of the recipient as are stated in the
intellectual property provisions. This final rule amends Sec. 1260.75
to correct the cross-references between the intellectual property
provisions and the reporting requirements of Sec. 1260.75.
This is not a significant regulatory action and, therefore, was not
subject to review under section 6(b) of Executive Order 12866,
Regulatory Planning and Review, dated September 30, 1993. This final
rule is not a major rule under 5 U.S.C. 804.
B. Regulatory Flexibility Act
NASA certifies that this final rule will not have a significant
economic impact on a substantial number of small entities within the
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq.,
because the changes are for clarification only and do not impose
additional requirements.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because this final rule
does not impose any new recordkeeping or information collection
requirements, or collection of information from offerors, contractors,
or members of the public that require the approval of the Office of
Management and Budget under 44 U.S.C. 3501, et seq.
List of Subjects in 14 CFR Part 1260
Grant programs, science and technology.
Tom Luedtke,
Assistant Administrator for Procurement.
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Accordingly, 14 CFR part 1260 is amended as follows:
PART 1260--GRANTS AND COOPERATIVE AGREEMENTS
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1. The authority citation for 14 CFR 1260 continues to read as follows:
Authority: 42 U.S.C. 2473(c)(1), Pub. L. 97-258, 96 Stat. 1003
(31 U.S.C. 6301, et seq.)
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2. Amend Sec. 1260.28 by revising the date of the provision to read
``August 2005'', and revising paragraph (h) to read as follows:
Sec. 1260.28 Patent rights.
* * * * *
(h) In the event NASA contractors are tasked to perform work in
support of specified activities under a cooperative agreement and
inventions are made by Contractor employees, the Contractor will
normally retain title to its employee inventions in accordance with 35
U.S.C. 202, 14 CFR Part 1245, and Executive Order 12591. In the event
the Contractor decides not to pursue rights to title in any such
invention and NASA obtains title to such inventions, NASA will use
reasonable efforts to report such inventions and, upon timely request,
will use reasonable efforts to grant the Recipient an exclusive, or
partially exclusive, revocable, royalty-bearing license, subject to the
retention of a royalty-free right of the Government to practice or have
practiced the invention by or on behalf of the Government.
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3. Amend Sec. 1260.30 by revising the date of the provision to read
``August 2005'', and revising paragraph (a)(1) to read as follows:
Sec. 1260.30 Rights in data.
* * * * *
(a) Fully Funded Efforts.
(1) ``Data'' means recorded information, regardless of form, the
media on which it may be recorded, or the method of recording, created
under the grant or cooperative agreement. The term includes, but is not
limited to, data of a scientific or technical nature, and any
copyrightable work, including computer software and documentation
thereof, in which the recipient asserts copyright, or for which
copyright ownership was purchased, under the grant or cooperative
agreement.
* * * * *
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4. Amend Sec. 1260.75 by--
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(a) Removing paragraphs (b)(5) and (b)(11);
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(b) Redesignating paragraphs (b)(6) through (b)(12) as (b)(5) through
(b)(10);
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(c) Revising the newly designated paragraphs (b)(5) through (b)(10);
and
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(d) Revising paragraph (c)(1).
The revised paragraphs are to read as follows:
Sec. 1260.75 Summary of report requirements.
* * * * *
(b) * * *
(5) A Disclosure of Subject Invention or a Disclosure of Reportable
Item is required, as applicable, in accordance with Sec. 1260.28 for
all grants and
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cooperative agreements (except Education and Training Grants) with
educational institutions, nonprofit organizations and small businesses,
and Sec. 1260.57 for all grants and cooperative agreements (except
Education and Training Grants) with large businesses, respectively. The
reporting of a subject invention under Sec. 1260.28 shall be made
within two months after the inventor discloses it to the recipient. The
reporting of a reportable item under Sec. 1260.57 shall be made within
two months after the inventor discloses it to the recipient or, if
earlier, within six months after the recipient becomes aware that a
reportable item has been made. Disclosures of subject inventions and
reportable items will be reported using either the electronic or paper
version of NASA Form 1679, ``Disclosure of Invention and New Technology
(Including Software)''. Electronic disclosures may be submitted at the
electronic New Technology Reporting web site (eNTRe) at: http://invention.nasa.gov.
(6) An Election of Title to a Subject Invention is required for all
grants and cooperative agreements (except Education and Training
Grants), as applicable, in accordance with Sec. 1260.28. The notice is
due within two years of disclosure of a subject invention being
elected, except in any case where publication, on sale or public use of
the subject invention being elected has initiated the one year
statutory period wherein valid patent protection can still be obtained
in the United Stated, notice is due at least 60 days prior to the end
of the statutory period.
(7) An Interim Summary Report listing all subject inventions or
reportable items required to be disclosed during the preceding year is
required for all grants and cooperative agreements (except Education
and Training Grants), in accordance with Sec. 1260.28 or Sec.
1260.57, respectively. The listing is due annually. Interim Summary
Reports may be submitted electronically on the electronic New
Technology Reporting web site (eNTRe) at: http://invention.nasa.gov.
(8) A Notification of Decision to Forego Patent Protection is
required for all grants and cooperative agreements (except Education
and Training Grants), as applicable, in accordance with Sec. 1260.28.
The notification is due not less than thirty days before the expiration
of the response period required by the relevant patent office.
(9) A Utilization of Subject Invention Report is required for all
grants and cooperative agreements (except Education and Training
Grants) where the recipient has elected title to a subject invention in
accordance with Sec. 1260.28. The report is due annually from the
election date.
(10) An Annual NASA Form 1018, NASA Property in the Custody of
Contractors, is required for all grants and cooperative agreements with
commercial organizations. The reports are due October 31st of each
year. Negative reports (i.e. no reportable property) are required.
(c) * * *
(1) A Final Summary Report listing all subject inventions or
reportable items, or certifying that there are none, is required for
all grants and cooperative agreements (except Education and Training
Grants), in accordance with Sec. 1260.28 or Sec. 1260.57,
respectively. The report is due within 90 days after the expiration of
the grant or cooperative agreement. The Final Summary Report may be
submitted electronically on the electronic New Technology Reporting web
site (eNTRe) at: http://invention.nasa.gov.
* * * * *
[FR Doc. 05-15665 Filed 8-8-05; 8:45 am]
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