[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: 45CFR650.7]



[Page 205]

 

                        TITLE 45--PUBLIC WELFARE

 

                 CHAPTER VI--NATIONAL SCIENCE FOUNDATION

 

PART 650_PATENTS--Table of Contents

 

Sec. 650.7  Awards affected by international agreements.



    (a) Some NSF awards are made as part of international cooperative 

research programs. The agreements or treaties underlying many of these 

programs require an allocation of patent rights different from that 

provided by the Patent Rights clause in Sec. 650.4(a). Therefore, as 

permitted by Sec. 401.5(d) of the implementing regulations for the 

Bayh-Dole Act (37 CFR 401.5(d)), paragraph (b) of the standard Patent 

Rights clause in Sec. 650.4(a) has been modified to provide that the 

Foundation may require the grantee to transfer to a foreign government 

or research performer such rights in any subject invention as are 

contemplated in the international agreement. The award instrument will 

identify the applicable agreement or treaty.

    (b) After an invention is disclosed to the Patent Assistant, the 

recipient of an award subject to an international agreement will be 

informed as to what rights, if any, it must transfer to foreign 

participants. Recipients may also ask the Program Manager to provide 

them with copies of the identified international agreements before or 

after accepting an award.