[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: 45CFR650.9]



[Page 205]

 

                        TITLE 45--PUBLIC WELFARE

 

                 CHAPTER VI--NATIONAL SCIENCE FOUNDATION

 

PART 650_PATENTS--Table of Contents

 

Sec. 650.9  Unwanted inventions.



    (a) 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 and engineering journals or as a statutory 

invention registration under section 157 of title 35 of the United 

States Code. Except as provided in paragraph (b) of this section, the 

NSF Patent Assistant will acknowledge a negative election by encouraging 

the awardee and inventor to promptly make all research results available 

to the scientific and engineering community.

    (b) If the NSF Patent Assistant believes that another Federal agency 

is interested in the relevant technology, he or she may, after receiving 

the awardee's election not to patent and ascertaining that the inventor 

also does not want to patent, send a copy of the invention disclosure to 

that agency to give it an opportunity to review and patent the 

invention. Unless the agency expresses an interest in the invention 

within thirty days, the Patent Assistant will acknowledge the awardee's 

negative election by encouraging prompt publication of all research 

results. If the agency does express an interest in patenting the 

invention, the Patent Assistant will transfer to it all rights to the 

invention.