[Code of Federal Regulations]
[Title 14, Volume 5, Parts 1200 to end]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR1245.102]

[Page 200]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
                          SPACE ADMINISTRATION
 
PART 1245--PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS--Table of Contents
 
                  Subpart 1--Patent Waiver Regulations
 
Sec. 1245.102  Definitions and terms.

    As used in this subpart:
    (a) Contract means any actual or proposed contract, agreement, 
understanding, or other arrangement with the National Aeronautics and 
Space Administration (NASA) or another Government agency on NASA's 
behalf, including any assignment, substitution of parties, or 
subcontract executed or entered into thereunder, and including NASA 
grants awarded under the authority of 42 U.S.C. 1891-1893.
    (b) Contractor means the party who has undertaken to perform work 
under a contract or subcontract.
    (c) Invention includes any art, method, process, machine, 
manufacture, design, or composition or matter, or any new and useful 
improvement thereof, or any variety of plant, which is or may be 
patentable under the Patent Laws of the United States of America or any 
foreign country.
    (d) Made, when used in relation to any invention, means the 
conception or first actual reduction to practice of such invention.
    (e) Practical application means to manufacture in the case of a 
composition or product, to practice in the case of a process or method, 
or to operate in the case of a machine or system; and, in each case, 
under such conditions as to establish that the invention is being 
utilized and that its benefits are to the extent permitted by law or 
Govenment regulations available to the public on reasonable terms.
    (f) Board means the NASA Inventions and Contributions Board 
established by the Administrator of NASA within the Administration under 
section 305(f) of the National Aeronautics and Space Act of 1958, as 
amended (42 U.S.C. 2457(f)).
    (g) Chairperson means Chairperson of the NASA Inventions and 
Contributions Board.
    (h) Petitioner means a contractor or prospective contractor who 
requests that the Administrator waive rights in an invention or class of 
inventions made or which may be made under a NASA contract. In the case 
of an identified invention, the petitioner may be the inventor(s).
    (i) Government agency includes any executive department, independent 
commission, board, office, agency, administration, authority, Government 
corporation, or other Government establishment of the executive branch 
of the Government of the United States of America.
    (j) Administrator means the Administrator of the National 
Aeronautics and Space Administration or the Administrator's duly 
authorized representative.