[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: 14CFR1245.105]



[Page 203]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

                          SPACE ADMINISTRATION

 

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

Contents

 

                   Subpart 1_Patent Waiver Regulations

 

Sec. 1245.105  Waiver after reporting inventions.



    (a) The provisions of this section apply to petitions for waiver of 

domestic rights to identified inventions which have been reported to 

NASA and to which a waiver of rights has not been granted pursuant to 

Sec. 1245.104.

    (b)(1) When an individual identified invention has been reported to 

NASA under the applicable terms of the contract and waiver of rights has 

not been granted under Sec. 1245.104, the Board normally will recommend 

grant of a request for waiver of domestic rights to such invention if 

the request is received within 8 months of first disclosure to NASA (or 

such longer period that the Board may permit for good cause shown), 

unless the Board finds that one or more of the situations set forth in 

Sec. 1245.104(b)(3)(i) through (v) exist. When granted, the waiver will 

be subject to the reservations set forth in Sec. 1245.107 in the same 

manner as discussed in Sec. 1245.104(c)(1).

    (2) The waiver shall extend to the invention claimed in the patent 

application filed on the reported invention, including any subsequent 

divisional or continuation application thereof, provided the claims of 

the subsequent application do not substantially change the scope of the 

reported invention.