[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: 14CFR1245.105]

[Page 202]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
                          SPACE ADMINISTRATION
 
PART 1245--PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS--Table of Contents
 
                  Subpart 1--Patent Waiver Regulations
 
Sec. 1245.105  Waiver after reporting inventions.

    (a) The provisions of this section apply to petitions for waiver of 
domestic rights to identified inventions which have been reported to 
NASA and to which a waiver of rights has not been granted pursuant to 
Sec. 1245.104.
    (b)(1) When an individual identified invention has been reported to 
NASA under the applicable terms of the contract and waiver of rights has 
not been granted under Sec. 1245.104, the Board normally will recommend 
grant of a request for waiver of domestic rights to such invention if 
the request is received within 8 months of first disclosure to NASA (or 
such longer period that the Board may permit for good cause shown), 
unless the Board finds that one or more of the situations set forth in 
Sec. 1245.104(b)(3)(i) through (v) exist. When granted, the waiver will 
be subject to the reservations set forth in Sec. 1245.107 in the same 
manner as discussed in Sec. 1245.104(c)(1).
    (2) The waiver shall extend to the invention claimed in the patent 
application filed on the reported invention, including any subsequent 
divisional or continuation application thereof, provided the claims of 
the subsequent application do not substantially change the scope of the 
reported invention.