[Code of Federal Regulations]
[Title 15, Volume 1, Parts 0 to 299]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR290.9]

[Page 437]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
 CHAPTER II--NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY, DEPARTMENT 
                               OF COMMERCE
 
PART 290--REGIONAL CENTERS FOR THE TRANSFER OF MANUFACTURING TECHNOLOGY--Table of Contents
 
Sec. 290.9  Intellectual property rights.

    (a) Awards under the Program will follow the policies and procedures 
on ownership to inventions made under grants and cooperative agreements 
that are set out in Public Law 96-517 (35 U.S.C. chapter 18), the 
Presidential Memorandum on Government Patent Policy to the Heads of 
Executive Departments and Agencies Dated February 18, 1983, and part 401 
of title 37 of the Code of Federal Regulations, as appropriate. These 
policies and procedures generally require the Government to grant to 
Centers selected for funding the right to elect to obtain title to any 
invention made in the course of the conduct of research under an award, 
subject to the reservation of a Government license.
    (b) Except as otherwise specifically provided for in an Award, 
Centers selected for funding under the Program may establish claim to 
copyright subsisting in any data first produced in the performance of 
the award. When claim is made to copyright, the funding recipient shall 
affix the applicable copyright notice of 17 U.S.C. 401 or 402 and 
acknowledgment of Government sponsorship to the data when and if the 
data are delivered to the Government, are published, or are deposited 
for registration as a published work in the U.S. Copyright Office. For 
data other than computer software, the funding recipient shall grant to 
the Government, and others acting on its behalf, a paid up, 
nonexclusive, irrevocable, worldwide license for all such data to 
reproduce, prepare derivative works, distribute copies to the public, 
and perform publicly and display publicly, by or on behalf of the 
Government. For computer software, the funding recipient shall grant to 
the Government, and others acting on its behalf, a paid up, 
nonexclusive, irrevocable, worldwide license for all such computer 
software to reproduce, prepare derivative works, distribute copies to 
the public, and perform publicly and display publicly, by or on behalf 
of the Government.