[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: 45CFR650.5]



[Page 204]

 

                        TITLE 45--PUBLIC WELFARE

 

                 CHAPTER VI--NATIONAL SCIENCE FOUNDATION

 

PART 650_PATENTS--Table of Contents

 

Sec. 650.5  Special patent provisions.



    At the request of the prospective awardee or on recommendation from 

NSF staff, a Grants or Contracts Officer, with the concurrence of the 

cognizant Program Manager, may negotiate special patent provisions when 

he or she determines that exceptional circumstances require restriction 

or elimination of the right of a prospective awardee to retain title to 

any subject invention in order to better promote the policy and 

objectives of chapter 18 of title 35 of the United States Code or the 

National Science Foundation Act. The Grants or Contracts Officer will 

prepare the written determination required by Sec. 401.3(e) of title 37 

of the Code of Federal Regulations and assure that appropriate reports 

are made to the Secretary of Commerce and Chief Counsel for Advocacy of 

the Small Business Administration as required in Sec. 401.3(f). Unless 

doing so would be inconsistent with an obligation imposed on the 

Foundation by statute, international agreement, or pact with other 

participants in or supporters of the research, every special patent 

provision will allow the awardee, after an invention has been made, to 

request that it be allowed to retain principal rights to that invention 

under Sec. 650.12(e) of this regulation.