[Code of Federal Regulations] [Title 32, Volume 5] [Revised as of July 1, 2005] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR746.11] [Page 383-385] TITLE 32--NATIONAL DEFENSE CHAPTER VI--DEPARTMENT OF THE NAVY PART 746_LICENSING OF GOVERNMENT INVENTIONS IN THE CUSTODY OF THE DEPARTMENT OF THE NAVY--Table of Contents Sec. 746.11 Procedures. (a) Publication requirements. The Chief of Naval Research shall cause to be published in the Federal Register, the Official Gazette of the United States Patent and Trademark Office, and at least one other publication that the Chief of Naval Research deems would best serve the public interest, a list of the government inventions available for licensing under the conditions specified in this part. The list shall be revised periodically to include directly, or by reference to a previously published list, all inventions currently available for licensing. Other publications on inventions available [[Page 384]] for licensing are encouraged, and may include abstracts, when appropriate, as well as information on the design, construction, use, and potential market for the inventions. (b) Contents of a nonexclusive license application. An application for a nonexclusive license under a government invention should be addressed to the Chief of Naval Research (Code 300), Arlington, VA 22217, and shall include: (1) Identification of the invention for which the license is desired, including the patent application serial number or patent number, title, and date, if known, and any other identification of the invention; (2) Name and address of the person, company, or organization applying for the license, and whether the applicant is a United States citizen or a United States corporation; (3) Name and address of the representative of applicant to whom correspondence should be sent; (4) Nature and type of applicant's business; (5) Source of information concerning the availability of a license on this invention; (6) Purpose for which the license is desired and a brief description of applicant's plan to achieve that purpose; (7) A statement of the fields of use for which applicant intends to practice the invention; and (8) A statement as to the geographic areas in which the applicant would practice the invention. (c) Contents of an exclusive license application. An application for an exclusive license should be addressed to the Chief of Naval Research (Code 300), Arlington, VA 22217, and, in addition to the information indicated in paragraph (b) of Sec. 746.11, an application for an exclusive license shall include: (1) Applicant's status, if any, in any one or more of the following categor- ies: (i) Small business firm; (ii) Minority business enterprise; (iii) Location in a surplus labor area; (iv) Location in a low-income area; and (v) Location in an economically depressed area; (2) A statement of applicant's capability to undertake the development and marketing required to achieve the practical application of the invention; (3) A statement describing the time, expenditure, and other acts which the applicant considers necessary to achieve practical application of the invention and the applicant's offer to invest that sum to perform such acts if the license is granted; (4) A statement that contains the applicant's best knowledge of the extent to which the government invention is being practiced by private industry and the Government; (5) Identification of other exclusive licenses granted to applicant under inventions in the custody of other government agencies; and (6) Any other facts which the applicant believes are evidence that it is in the public interest for the Chief of Naval Research to grant an exclusive license rather than a nonexclusive license, and that such exclusive license should be granted to the applicant. (d) Published notices. (1) A notice that a prospective exclusive licensee has been selected shall be published in the Federal Register, and a copy of the notice shall be sent to the Attorney General. The notice shall include: (i) Identification of the invention; (ii) Identification of the selected licensee; (iii) Duration and scope of the contemplated license; and (iv) A statement to the effect that the license will be granted unless: (A) An application for a nonexclusive license, submitted by a responsible applicant pursuant to paragraph (b) of Sec. 746.11, is received by the Chief of Naval Research within 60 days from the publication of the notice in the Federal Register, and the Chief of Naval Research determines in accordance with his prescribed procedures, under which procedures the Chief of Naval Research shall record and make available for public inspection all decisions made pursuant thereto and the basis therefore, that the applicant has established that he has already achieved or is likely to bring the invention to the point of practical application withing a reasonable period under a nonexclusive license; or [[Page 385]] (B) The Chief of Naval Research determines that third party has presented evidence and argument which has established that it would not be in the public interest to grant the exclusive license. (2) If an exclusive license has been granted pursuant to this part, notice thereof shall be published in the Federal Register. Such notice shall include: (i) Identification of the invention; (ii) Identification of the licensee; and (iii) Duration and scope of the license. (3) If an exclusive license has been modified or revoked pursuant to paragraph (e) Sec. 746.11, notice thereof shall be published in the Federal Register. Such notice shall include: (i) Identification of the invention; (ii) Identification of the licensee; and (iii) Effective date of the modification or revocation. (e) Modification or revocation. (1) Any license granted pursuant to this part may be modified or revoked by the Chief of Naval Research if the licensee at any time defaults in making any report required by the license or commits any breach of covenant or agreement therein contained. (2) A license may also be revoked by the Chief of Naval Research if the licensee willfully makes a false statement of material fact or willfully omits a material fact in the license application or any report required in the license agreement. (3) Before modifying or revoking any license granted pursuant to this part for any cause, the Chief of Naval Research shall furnish the licensee and any sublicensee of record a written notice of intention to modify or revoke the license, and the licensee and any sublicensee shall be allowed 30 days after such notice to remedy any breach of any covenant or agreement as referred to in paragraph (e)(1) of Sec. 746.11, or to show cause why the license should not be modified or revoked. (f) Appeals. An applicant for a license, a licensee, or such other third party who has participated under paragraph (d)(1)(iv)(B) of Sec. 746.11 shall have the right to appeal, in accordance with procedures prescribed by the Chief of Naval Research, any decision concerning the granting, denial, interpretation, modification, or revocation of a license.