[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: 14CFR1245.108]



[Page 204-205]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

                          SPACE ADMINISTRATION

 

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

Contents

 

                   Subpart 1_Patent Waiver Regulations

 

Sec. 1245.108  License to contractor.



    (a) Each contractor reporting an invention is granted a revocable, 

nonexclusive, royalty-free license in each patent application filed in 

any country on the invention and in any resulting patent in which the 

Government acquires title. The license extends to the contractor's 

domestic subsidiaries and affiliates, if any, within the corporate 

structure of which the contractor is a party and includes the right to 

grant sublicenses of the same scope to the extent the contractor was 

legally obligated to do so at the time the contract was awarded. The 

license and right is transferable only with the approval of the 

Administrator except when transferred to the successor of that part of 

the contractor's business to which the invention pertains.



[[Page 205]]



    (b) The contractor's domestic license may be revoked or modified by 

the Administrator to the extent necessary to achieve expeditious 

practical application of the invention pursuant to an application for an 

exclusive license submitted in accordance with the Licensing of NASA 

Inventions (14 CFR 1245.2). This license will not be revoked in that 

field of use and/or the geographical areas in which the contractor has 

achieved practical application and continues to make the benefits of the 

invention available to the public on reasonable terms. The license in 

any foreign country may be revoked or modified at the discretion of the 

Administrator to the extent the contractor, its licensees, or its 

domestic subsidiaries or affiliates have failed to achieve practical 

application in that foreign country.

    (c) Before revocation or modification of the license, the contractor 

will be provided a written notice of the Administrator's intention to 

revoke or modify the license, and the contractor will be allowed 30 days 

(or any other time as may be allowed by the Administrator for good cause 

shown by the contractor) after the notice to show cause why the license 

should not be revoked or modified. The contractor shall have the right 

to appeal, under the Licensing of NASA Inventions (14 CFR 1245.2), any 

decision concerning the revocation or modification of its license.