[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: 14CFR1245.107]

[Page 203]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
                          SPACE ADMINISTRATION
 
PART 1245--PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS--Table of Contents
 
                  Subpart 1--Patent Waiver Regulations
 
Sec. 1245.107  Reservations.

    (a) License to the Government. Any invention for which waiver of 
domestic or foreign rights has been granted under this subpart shall be 
subject to the reservation by the Administrator of an irrevocable, 
nonexclusive, nontransferable, royalty-free license for the practice of 
the invention throughout the world by or on behalf of the United States 
or any foreign government pursuant to any treaty or agreement with the 
United States.
    (b) March-in rights. For any invention for which waiver of rights 
has been granted under this subpart, NASA has the right in accordance 
with 35 U.S.C. 203 and 210, and with the procedures set forth in 
Sec. 1245.117 and 37 CFR 401.6, to require the contractor, an assignee, 
or exclusive licensee of the invention to grant a nonexclusive, 
partially exclusive, or exclusive license in any field of use to a 
responsible applicant or applicants, upon terms that are reasonable 
under the circumstances, and if the contractor, assignee, or exclusive 
licensee refuses such a request, NASA has the right to grant such a 
license itself if NASA determines that:
    (1) Such action is necessary because the contractor or assignee has 
not taken, or is not expected to take within a reasonable time, 
effective steps to achieve practical application of the invention in 
such field of use;
    (2) Such action is necessary to alleviate health or safety needs 
which are not reasonably satisfied by the contractor, assignee, or their 
licensees;
    (3) Such action is necessary to meet requirements for public use 
specified by Federal regulations and such requirements are not 
reasonably satisfied by the contractor, assignee, or licensees; or
    (4) Such action is necessary because the agreement required by the 
``Preference for United States industry'' has not been obtained or 
waived or because a licensee of the exclusive right to use or sell any 
invention in the United States is in breach of such agreement.
    (c) Additional reservations. In the event one or more of the 
situations set forth in Sec. 1245.104 (b)(1) through (b)(3) exist, the 
Board may determine to recommend partial grant of the waiver request 
(rather than denial) by making the grant subject to additional 
reservations (than those set forth in (a) and (b) of this section) to 
the extent necessary to address the particular situation. Such 
additional reservations may include, but not be limited to, field-of-use 
or terrestrial-use limitations, or additions to the march-in rights.