[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: 45CFR650.3]



[Page 200-201]

 

                        TITLE 45--PUBLIC WELFARE

 

                 CHAPTER VI--NATIONAL SCIENCE FOUNDATION

 

PART 650_PATENTS--Table of Contents

 

Sec. 650.3  Source of authority.



    (a) 35 U.S.C. 200-212, commonly called the Bayh-Dole Act, as amended 

by title V of Public Law 98-620 (98 stat. 3335, 3364). That law controls 

the allocation of rights to inventions made by employees of small 

business firms and domestic nonprofit organizations, including 

universities, during federally-supported experimentation, research, or 

development. Government-wide implementing regulations are contained in 

part 401 of title 37 of the Code of Federal Regulations.

    (b) Section 11(e) of the National Science Foundation Act of 1950, as 

amended, (42 U.S.C. 1870(e)) provides that the Foundation shall have the 

authority to do all things necessary to carry out the provisions of this 

Act, including, but without being limited thereto, the authority--to 

acquire by purchase, lease, loan, gift, or condemnation, and to hold and 

dispose of by grant, sale, lease, or loan, real and personal property of 

all kinds necessary for, or resulting from, the exercise of authority 

granted by this Act.



[[Page 201]]



    (c) Section 12 of the NSF Act (42 U.S.C. 1871) provides that each 

contract or other arrangement executed pursuant to this Act which 

relates to scientific research shall contain provisions governing the 

disposition of inventions produced thereunder in a manner calculated to 

protect the public interest and the equities of the individual or 

organization with which the contract or other arrangement is executed.

    (d) The Presidential Memorandum entitled ``Government Patent 

Policy'' issued February 18, 1983, directs Federal agencies, to the 

extent permitted by law, to apply to all research performers the 

policies of the Bayh-Dole Act. Under the provisions of the National 

Science Foundation Act quoted above, the Foundation is permitted to 

apply the Bayh-Dole policies without restriction.