[Code of Federal Regulations]
[Title 37, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 37CFR404.3]

[Page 643-644]
 
              TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
  CHAPTER IV--ASSISTANT SECRETARY FOR TECHNOLOGY POLICY, DEPARTMENT OF 
                                COMMERCE
 
PART 404--LICENSING OF GOVERNMENT OWNED INVENTIONS--Table of Contents
 
Sec. 404.3  Definitions.

    (a) Federally owned invention means an invention, plant, or design 
which is covered by a patent, or patent application in the United 
States, or a patent, patent application, plant variety protection, or 
other form of protection, in a foreign country, title to which has been 
assigned to or otherwise vested in the United States Government.
    (b) Federal agency means an executive department, military 
department, Government corporation, or independent establishment, except 
the Tennessee Valley Authority, which has custody of a federally owned 
invention.
    (c) Small business firm means a small business concern as defined in 
section 2 of Pub. L. 85-536 (15 U.S.C. 632) and implementing regulations 
of the Administrator of the Small Business Administration.
    (d) Practical application means to manufacture in the case of a 
composition or product, to practice in the case of a process or method, 
or to operate in the case of a machine or system; and,

[[Page 644]]

in each case, under such conditions as to establish that the invention 
is being utilized and that its benefits are to the extent permitted by 
law or Government regulations available to the public on reasonable 
terms.
    (e) United States means the United States of America, its 
territories and possessions, the District of Columbia, and the 
Commonwealth of Puerto Rico.