[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: 45CFR650.2]



[Page 200]

 

                        TITLE 45--PUBLIC WELFARE

 

                 CHAPTER VI--NATIONAL SCIENCE FOUNDATION

 

PART 650_PATENTS--Table of Contents

 

Sec. 650.2  National Science Foundation patent policy.



    As authorized by the National Science Board at its 230th meeting, 

October 15-16, 1981, the Director of the National Science Foundation has 

adopted the following statement of NSF patent policy.

    (a) In accordance with the Bayh-Dole Act and the Presidential 

Memorandum entitled ``Government Patent Policy'' issued February 18, 

1983, the Foundation will use the Patent Rights clause prescribed by the 

Department of Commerce in all its funding agreements for the performance 

of experimental, developmental, or research work, including awards made 

to foreign entities, unless the Foundation determines that some other 

provision would better serve the purposes of that Act or the interests 

of the United States and the general public.

    (b) In funding agreements covered by a treaty or agreement that 

provides that an international organization or foreign government, 

research institute, or inventor will own or share patent rights, the 

Foundation will acquire such patent rights as are necessary to comply 

with the applicable treaty or agreement.

    (c) If an awardee elects not to retain rights to an invention, the 

Foundation will allow the inventor to retain the principal patent rights 

unless the awardee, or the inventor's employer if other than the 

awardee, shows that it would be harmed by that action.

    (d) The Foundation will normally allow any patent rights not wanted 

by the awardee or inventor to be dedicated to the public through 

publication in scientific journals or as a statutory invention 

registration. However, if another Federal agency is known to be 

interested in the relevant technology, the Foundation may give it an 

opportunity to review and patent the invention so long as that does not 

inhibit the dissemination of the research results to the scientific 

community.