[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: 14CFR1245.103]

[Page 200-201]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
                          SPACE ADMINISTRATION
 
PART 1245--PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS--Table of Contents
 
                  Subpart 1--Patent Waiver Regulations
 
Sec. 1245.103  Policy.

    (a) In implementing the provisions of section 305(f) of the National 
Aeronautics and Space Act of 1958, as amended (42 U.S.C. 2457(f)), and 
in determining when the interests of the United States would be served 
by waiver of all or any part of the rights of the United States in 
inventions made in the performance of work under NASA contracts, the 
Administrator will be guided by the objectives set forth in the National 
Aeronautics and Space Act of 1958, as amended (42 U.S.C. 2451-2477) and 
by the basic policy of the Presidential Memorandum and Statement of 
Government Patent Policy to the Heads of the Executive Departments and 
agencies dated February 18, 1983. Among the most important goals are to 
provide incentives to foster inventiveness and encourage the reporting 
of inventions made under NASA contracts, to provide for the widest 
practicable dissemination of new technology resulting from NASA 
programs, and to promote early utilization, expeditious development, and 
continued availability of this new technology for commercial purposes 
and the public benefit. In applying this regulation,

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both the need for incentives to draw forth private initiatives and the 
need to promote healthy competition in industry must be weighed.
    (b) Several different situations arise when waiver of all or any 
part of the rights of the United States may be requested and are 
prescribed in Secs. 1245.104-1245.106. Under Sec. 1245.104, advance 
waiver of rights to any or all of the inventions which may be made under 
a contract may be requested prior to the execution of the contract, or 
within 30 days after execution of the contract. Waiver of rights to an 
identified invention made and reported under a contract are to be 
requested under Sec. 1245.105, and may be requested under this provision 
even though a request under Sec. 1245.104 was not made, or if made, was 
not granted. Waiver of foreign rights under Sec. 1245.106 may be 
requested concurrently with domestic rights under Sec. 1245.104 or 
Sec. 1245.105, or may be made independently.
    (c) With respect to inventions which may be or are made or conceived 
in the course of or under contracts for research, development or 
demonstration work awarded by NASA on behalf of the Department of Energy 
(DOE) or in support of a DOE program, on a reimbursable basis pursuant 
to agreement between DOE and NASA, the waiver policy, regulations, and 
procedures of DOE will be applied. NASA will normally grant waiver of 
rights to inventions made under contracts awarded by NASA on behalf of, 
or in support of, programs funded by another Government agency, unless 
the funding agency recommends and justifies denial of the waiver. See 
Secs. 1245.110(c) and 1245.111(b).