[Code of Federal Regulations]

[Title 14, Volume 5]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 14CFR1245.102]



[Page 201]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

                          SPACE ADMINISTRATION

 

PART 1245_PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS--Table of 

Contents

 

                   Subpart 1_Patent Waiver Regulations

 

Sec. 1245.102  Definitions and terms.



    As used in this subpart:

    (a) Contract means any actual or proposed contract, agreement, 

understanding, or other arrangement with the National Aeronautics and 

Space Administration (NASA) or another Government agency on NASA's 

behalf, including any assignment, substitution of parties, or 

subcontract executed or entered into thereunder, and including NASA 

grants awarded under the authority of 42 U.S.C. 1891-1893.

    (b) Contractor means the party who has undertaken to perform work 

under a contract or subcontract.

    (c) Invention includes any art, method, process, machine, 

manufacture, design, or composition or matter, or any new and useful 

improvement thereof, or any variety of plant, which is or may be 

patentable under the Patent Laws of the United States of America or any 

foreign country.

    (d) Made, when used in relation to any invention, means the 

conception or first actual reduction to practice of such invention.

    (e) Practical application means to manufacture in the case of a 

composition or product, to practice in the case of a process or method, 

or to operate in the case of a machine or system; and, in each case, 

under such conditions as to establish that the invention is being 

utilized and that its benefits are to the extent permitted by law or 

Govenment regulations available to the public on reasonable terms.

    (f) Board means the NASA Inventions and Contributions Board 

established by the Administrator of NASA within the Administration under 

section 305(f) of the National Aeronautics and Space Act of 1958, as 

amended (42 U.S.C. 2457(f)).

    (g) Chairperson means Chairperson of the NASA Inventions and 

Contributions Board.

    (h) Petitioner means a contractor or prospective contractor who 

requests that the Administrator waive rights in an invention or class of 

inventions made or which may be made under a NASA contract. In the case 

of an identified invention, the petitioner may be the inventor(s).

    (i) Government agency includes any executive department, independent 

commission, board, office, agency, administration, authority, Government 

corporation, or other Government establishment of the executive branch 

of the Government of the United States of America.

    (j) Administrator means the Administrator of the National 

Aeronautics and Space Administration or the Administrator's duly 

authorized representative.