[Code of Federal Regulations]

[Title 45, Volume 3]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR650.12]



[Page 206]

 

                        TITLE 45--PUBLIC WELFARE

 

                 CHAPTER VI--NATIONAL SCIENCE FOUNDATION

 

PART 650_PATENTS--Table of Contents

 

Sec. 650.12  Waivers and approvals.



    (a) Requests for extension of time to disclose to the NSF Patent 

Assistant, make an election to retain title to, or file a patent on a 

subject invention will be granted by the NSF Patent Assistant unless he 

or she determines that such an extension would either imperil the 

securing of valid patent protection or unacceptably restrict the 

publication of the results of the NSF-supported research.

    (b) Approval of assignments by nonprofit organizations (required by 

subparagraph (k)(1) of the Patent Rights clause in Sec. 650.4(a)) will 

be given by the Patent Assistant unless he or she determines that the 

interests of the United States Government will be adversely affected by 

such assignment.

    (c) Approval of long-term exclusive licensing of NSF-assisted 

inventions by nonprofit organizations (restricted by earlier versions of 

the NSF Patents Rights clause and by pre-Bayh-Dole Institutional Patent 

Agreements and waiver conditions) will be given by the Patent Assistant 

unless he or she determines that the interests of the United States 

Government will be adversely affected by such waiver.

    (d) The preference for United States industry imposed by paragraph 

(i) of the Patent Rights clause in Sec. 650.4(a) may be waived by the 

NSF Patent Assistant as provided in that paragraph.

    (e) Special restrictions on or limitation of the right of an awardee 

to retain title to subject inventions imposed under Sec. 650.5 of this 

regulation may be waived by the Grants or Contracting Officer whenever 

he or she determines, after consultation with the cognizant Program 

Manager, that the reasons for imposing the restrictions or limitations 

do not require their application to a particular invention.

    (f) Requests for approvals and waiver under this section should be 

addressed to the NSF Patent Assistant as provided in paragraph (1) of 

the Patent Rights clause in Sec. 650.4(a). Requests under paragraph (a) 

of this section for extensions of time to disclose, elect, or file may 

be made by telephone or electronic mail as well as in writing. A written 

request for extension of time to disclose, elect, or file can be assumed 

to have been approved unless the Patent Assistant replies negatively 

within ten business days of the date such request was mailed, 

telecopied, or otherwise dispatched. Requests for approvals or waivers 

under paragraphs (b), (c), (d), and (e) of this section must be in 

writing and should explain why an approval or waiver is justified under 

the stated criteria. The requester will be given a written explanation 

of the reasons for denial of a request covered by this section.