[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: 14CFR1245.117]

[Page 207-208]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
                          SPACE ADMINISTRATION
 
PART 1245--PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS--Table of Contents
 
                  Subpart 1--Patent Waiver Regulations
 
Sec. 1245.117  March-in and waiver revocation procedures.

    (a) The exercise of march-in procedures shall be governed by 35 
U.S.C. 203 and by the applicable provisions of 37 CFR 401.6, entitled 
``Exercise of march-in rights for inventions made by nonprofit 
organizations and small business firms.''
    (b) Whenever NASA receives information that it believes might 
warrant the exercise of march-in rights, before initiating any march-in 
proceeding, it shall notify the waiver recipient in writing of the 
information and request informal written or oral comments from the 
waiver recipient as well as information relevant to the matter. In the 
absence of any comments from the waiver recipient within 30 days, NASA 
may, at its discretion, proceed with the procedures set forth in 37 CFR 
401.6. If a comment is received within 30 days, or later if NASA has not 
initiated the procedures, then NASA shall, within 60 days after it 
receives the comment, either initiate the procedures or notify the 
waiver recipient, in writing, that it will not pursue march-in rights on 
the basis of the available information.
    (c) If march-in procedures are to be initiated, the Administrator of 
NASA, or designee, shall undertake or refer the matter for fact finding 
to the NASA Board of Contract Appeals (BCA) and its Chairperson.
    (d) Fact-finding shall be conducted by the NASA BCA and its 
Chairperson in accordance with its procedures that are consistent with 
the procedures set forth in 37 CFR 401.6. Any portion of the march-in 
proceeding, including a

[[Page 208]]

fact-finding hearing that involves testimony or evidence relating to the 
utilization or efforts at obtaining utilization that are being made by 
the waiver recipient, its assignee, or licensees shall be closed to the 
public, including potential licensees. In accordance with 35 U.S.C. 
202(c)(5), NASA shall not disclose any such information obtained during 
a march-in proceeding to persons outside the Government except when such 
release is authorized by the waiver recipient (assignee or licensee).
    (e) The preparation of written findings of fact and recommended 
determination by the Chairperson of the NASA BCA and the determination 
by the Administrator, or designee, of NASA shall be in accordance with 
37 CFR 401.6.
    (f) NASA may, at any time, terminate a march-in proceeding if it is 
satisfied that it does not wish to exercise march-in rights.