[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: 45CFR650.14]



[Page 207]

 

                        TITLE 45--PUBLIC WELFARE

 

                 CHAPTER VI--NATIONAL SCIENCE FOUNDATION

 

PART 650_PATENTS--Table of Contents

 

Sec. 650.14  Request for conveyance of title to NSF.



    (a) The procedures established by this section apply to the exercise 

of the Foundation's right under paragraph (d) of the Patent Rights 

clause in Sec. 650.4(a) to request conveyance of title to a subject 

invention if certain conditions exist.

    (b) The NSF Patent Assistant may request the recipient of an NSF 

award to convey to the Foundation or a designee title in one or more 

countries to any invention to which the awardee has elected not to 

retain title. The NSF Patent Assistant may request immediate conveyance 

of title to a subject invention if the awardee fails (1) to submit a 

timely invention disclosure, (2) to make a timely election to retain 

patent rights, or (3) to file a timely patent application; but only if 

he or she determines that such action is required to preserve patent 

rights.

    (c) The NSF Patent Assistant will informally review any apparent 

failure by an awardee to comply with the requirements of paragraph (c) 

of the Patent Rights clause in Sec. 650.4(a). The interested 

institution, the inventor, the patent holder, and any other interested 

party will be given an opportunity to explain why a particular invention 

was not disclosed, why an election was not made, or why a patent 

application was not filed. If the Patent Assistant determines that a 

genuine dispute over material facts exists, a cross-directorate fact-

finding panel will be appointed by the General Counsel. The panel will 

establish its own fact-finding procedures based on the dimensions of the 

particular dispute. Written findings of facts will be submitted to the 

General Counsel, sent by certified mail to the patent holder, and made 

available to all other interested parties.

    (d) The NSF General Counsel will determine whether the Foundation 

should request conveyance of title or if it should retain title obtained 

under Sec. 650.14(b).