[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: 45CFR650.16]



[Page 208]

 

                        TITLE 45--PUBLIC WELFARE

 

                 CHAPTER VI--NATIONAL SCIENCE FOUNDATION

 

PART 650_PATENTS--Table of Contents

 

Sec. 650.16  Background rights.



    The Foundation will acquire rights to a research performer's pre-

existing technology only in exceptional circumstances where, due to the 

nature of the research being supported, the Foundation requires greater 

control over resulting inventions. The NSF Grants or Contracts Officer, 

with concurrence of the cognizant Program Manager, will negotiate a 

background rights provision. If the affected awardee is a small business 

firm or nonprofit organization, the provision will conform to the 

requirements of the Bayh-Dole Act (35 U.S.C. 202(f)) as implemented by 

37 CFR 401.12).