[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: 14CFR1245.103]



[Page 201-202]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

                          SPACE ADMINISTRATION

 

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

Contents

 

                   Subpart 1_Patent Waiver Regulations

 

Sec. 1245.103  Policy.



    (a) In implementing the provisions of section 305(f) of the National 

Aeronautics and Space Act of 1958, as amended (42 U.S.C. 2457(f)), and 

in determining when the interests of the United States would be served 

by waiver of all or any part of the rights of the United States in 

inventions made in the performance of work under NASA contracts, the 

Administrator will be guided by the objectives set forth in the National 

Aeronautics and Space Act of 1958, as amended (42 U.S.C. 2451-2477) and 

by the basic policy of the Presidential Memorandum and Statement of 

Government Patent Policy to the Heads of the Executive Departments and 

agencies dated February 18, 1983. Among the most important goals are to 

provide incentives to foster inventiveness and encourage the reporting 

of inventions made under NASA contracts, to provide for the widest



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practicable dissemination of new technology resulting from NASA 

programs, and to promote early utilization, expeditious development, and 

continued availability of this new technology for commercial purposes 

and the public benefit. In applying this regulation, both the need for 

incentives to draw forth private initiatives and the need to promote 

healthy competition in industry must be weighed.

    (b) Several different situations arise when waiver of all or any 

part of the rights of the United States may be requested and are 

prescribed in Sec. Sec. 1245.104-1245.106. Under Sec. 1245.104, 

advance waiver of rights to any or all of the inventions which may be 

made under a contract may be requested prior to the execution of the 

contract, or within 30 days after execution of the contract. Waiver of 

rights to an identified invention made and reported under a contract are 

to be requested under Sec. 1245.105, and may be requested under this 

provision even though a request under Sec. 1245.104 was not made, or if 

made, was not granted. Waiver of foreign rights under Sec. 1245.106 may 

be requested concurrently with domestic rights under Sec. 1245.104 or 

Sec. 1245.105, or may be made independently.

    (c) With respect to inventions which may be or are made or conceived 

in the course of or under contracts for research, development or 

demonstration work awarded by NASA on behalf of the Department of Energy 

(DOE) or in support of a DOE program, on a reimbursable basis pursuant 

to agreement between DOE and NASA, the waiver policy, regulations, and 

procedures of DOE will be applied. NASA will normally grant waiver of 

rights to inventions made under contracts awarded by NASA on behalf of, 

or in support of, programs funded by another Government agency, unless 

the funding agency recommends and justifies denial of the waiver. See 

Sec. Sec. 1245.110(c) and 1245.111(b).