[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: 14CFR1245.108]

[Page 203-204]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
                          SPACE ADMINISTRATION
 
PART 1245--PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS--Table of Contents
 
                  Subpart 1--Patent Waiver Regulations
 
Sec. 1245.108  License to contractor.

    (a) Each contractor reporting an invention is granted a revocable, 
nonexclusive, royalty-free license in each patent application filed in 
any country on the invention and in any resulting patent in which the 
Government acquires title. The license extends to the contractor's 
domestic subsidiaries and affiliates, if any, within the corporate 
structure of which the contractor is a party and includes the right to 
grant sublicenses of the same scope to the extent the contractor was 
legally obligated to do so at the time the contract was awarded. The 
license and right is transferable only with the approval of the 
Administrator except when transferred to the successor of that part of 
the contractor's business to which the invention pertains.
    (b) The contractor's domestic license may be revoked or modified by 
the Administrator to the extent necessary to achieve expeditious 
practical application of the invention pursuant to an application for an 
exclusive license submitted in accordance with the Licensing of NASA 
Inventions (14 CFR

[[Page 204]]

1245.2). This license will not be revoked in that field of use and/or 
the geographical areas in which the contractor has achieved practical 
application and continues to make the benefits of the invention 
available to the public on reasonable terms. The license in any foreign 
country may be revoked or modified at the discretion of the 
Administrator to the extent the contractor, its licensees, or its 
domestic subsidiaries or affiliates have failed to achieve practical 
application in that foreign country.
    (c) Before revocation or modification of the license, the contractor 
will be provided a written notice of the Administrator's intention to 
revoke or modify the license, and the contractor will be allowed 30 days 
(or any other time as may be allowed by the Administrator for good cause 
shown by the contractor) after the notice to show cause why the license 
should not be revoked or modified. The contractor shall have the right 
to appeal, under the Licensing of NASA Inventions (14 CFR 1245.2), any 
decision concerning the revocation or modification of its license.