[Code of Federal Regulations]
[Title 32, Volume 6]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR841.8]

[Page 83-84]
 
                        TITLE 32-NATIONAL DEFENSE
 
                CHAPTER VII--DEPARTMENT OF THE AIR FORCE
 
PART 841_LICENSING GOVERNMENT-OWNED INVENTIONS IN THE CUSTODY OF THE 
DEPARTMENT OF THE AIR FORCE--Table of Contents
 
    Subpart B_Restrictions and Conditions for Licensing and Types of 
                                Licenses
 
Sec. 841.8  Exclusive and partially exclusive licenses.

    Each Government invention may be made available for the granting of 
an exclusive or partially exclusive license subject to the following 
restrictions and conditions:
    (a) Restrictions. Exclusive or partially exclusive licenses may be 
granted on federally owned inventions as follows:
    (1) Three months after notice of the invention's availability has 
been announced in the Federal Register; or
    (2) Without such notice where the Air Force determines that 
expeditious granting of such a license will best serve the interest of 
the Federal Government and the public; and
    (3) In either situation specified in paragraph (a) (1) or (2) of 
this section only if:
    (i) Notice of a prospective license, identifying the invention and 
the prospective licensee, has been published in the Federal Register, 
providing opportunity for filing written objections within a 60-day 
period;
    (ii) After expiration of the 60-day period and consideration of any 
written objections received during the period, the Air Force makes the 
determinations required by Sec. 841.15 favorably to the applicant; and
    (iii) The Air Force has given first preference to any small business 
firms submitting plans that are determined by the agency to be within 
the capabilities of the firms and as equally likely, if executed, to 
bring the invention to practical application as any plans submitted by 
applicants that are not small business firms.
    (b) Conditions. In addition to the provisions of Sec. 841.6, the 
following terms and conditions apply to domestic exclusive and partially 
exclusive licenses:

[[Page 84]]

    (1) The license shall be subject to the irrevocable royalty-free 
right of the Government of the United States to practice and have 
practiced the invention on behalf of the United States and on behalf of 
any foreign government or international organization pursuant to any 
existing or future treaty or agreement with the United States.
    (2) The license shall reserve to the Air Force the right to require 
the licensee to grant sublicenses to responsible applicants, on 
reasonable terms, when necessary to fulfill health or safety needs.
    (3) The license shall be subject to any licenses in force at the 
time of the grant of the exclusive or partially exclusive license.
    (4) The license may grant the licensee the right of enforcement of 
the licensed patent pursuant to the provisions of 35 U.S.C. 29, as 
determined appropriate in the public interest.