[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: 14CFR1274.914]

[Page 473]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
                          SPACE ADMINISTRATION
 
PART 1274--COOPERATIVE AGREEMENTS WITH COMMERCIAL FIRMS--Table of Contents
 
              Subpart I--Provisions and Special Conditions
 
Sec. 1274.914  Requests for waiver of rights--large business.

              Requests for Waiver of Rights--Large Business

                              October 2000

    (a) In accordance with the NASA Patent Waiver Regulations, 14 CFR 
part 1245, subpart 1, waiver of rights to any or all inventions made or 
that may be made under a NASA agreement, contract or subcontract with 
other than a small business firm or a domestic nonprofit organization 
may be requested at different time periods. Advance waiver of rights to 
any or all inventions that may be made under a contract or subcontract 
may be requested prior to the execution of the agreement, contract or 
subcontract, or within 30 days after execution by the selected 
Recipient. In addition, waiver of rights to an identified invention made 
and reported under a agreement, contract or subcontract may be 
requested, even though a request for an advance waiver was not made or, 
if made, was not granted.
    (b) Each request for waiver of rights shall be by petition to the 
Administrator and shall include an identification of the petitioner; 
place of business and address; if petitioner is represented by counsel, 
the name, address, and telephone number of the counsel; the signature of 
the petitioner or authorized representative; and the date of signature. 
No specific forms need be used, but the request should contain a 
positive statement that waiver of rights is being requested under the 
NASA Patent Waiver Regulations; a clear indication of whether the 
request is for an advance waiver or for a waiver of rights for an 
individual identified invention; whether foreign rights are also 
requested and, if so, the countries, and a citation of the specific 
section or sections of the regulations under which such rights are 
requested; and the name, address, and telephone number of the party with 
whom to communicate when the request is acted upon. Requests for advance 
waiver of rights should, preferably, be included with the proposal, but 
in any event in advance of negotiations.
    (c) Petitions for advance waiver, prior to agreement execution, must 
be submitted to the Grant Officer. All other petitions will be submitted 
to the Patent Representative designated in the contract.
    (d) Petitions submitted with proposals selected for negotiation of 
an agreement will be forwarded by the Grant Officer to the installation 
Patent Counsel for processing and then to the Inventions and 
Contributions Board. The Board will consider these petitions and where 
the Board makes the findings to support the waiver, the Board will 
recommend to the Administrator that waiver be granted, and will notify 
the petitioner and the Grant Officer of the Administrator's 
determination. The Grant Officer will be informed by the Board whenever 
there is insufficient time or information or other reasons to permit a 
decision to be made without unduly delaying the execution of the 
agreement. In the latter event, the petitioner will be so notified by 
the Grant Officer. All other petitions will be processed by installation 
Patent Counsel and forwarded to the Board. The Board shall notify the 
petitioner of its action and if waiver is granted, the conditions, 
reservations, and obligations thereof will be included in the Instrument 
of Waiver. Whenever the Board notifies a petitioner of a recommendation 
adverse to, or different from, the waiver requested, the petitioner may 
request reconsideration under procedures set forth in the Regulations.

[End of provision]