[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: 14CFR1245.109]



[Page 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. 1245.109  Assignment of title to NASA.



    (a) The instrument of waiver set forth in Sec. 1245.115(c) shall be 

voided by NASA with respect to the domestic title to any invention for 

which a patent application has not been filed within 1 year (or a 

reasonable time thereafter for good cause shown) from notification to 

NASA of election of title, as required by Sec. 1245.104(c)(2), for an 

advanced waiver pursuant to Sec. 1245.104, or within 1 year from the 

granting of a waiver for an individual invention granted pursuant to 

Sec. 1245.105.

    (b) The instrument of waiver set forth in Sec. 1245.115(c) shall be 

voided by NASA with respect to title in any foreign country for which 

waiver has been granted pursuant to Sec. 1245.106, if a patent 

application has not been filed in that country (or in the European 

Patent Office or under the Patent Cooperation Treaty and that country 

designated) within either 10 months (or a reasonable time thereafter for 

good cause shown) from the date a corresponding U.S. patent application 

has been filed or 6 months (or a reasonable time thereafter for good 

cause shown) from the date a license is granted by the Commissioner of 

Patents and Trademarks to file foreign patent applications where such 

filing has been prohibited by a Secrecy Order.

    (c) In any country in which the waiver recipient decides not to 

continue prosecution of any application, to pay maintenance fees on, or 

defend in reexamination or opposition proceedings on a patent on a 

waived invention, the waiver recipient shall notify the patent 

representative within sufficient time for NASA to continue prosecution, 

pay the maintenance fee or defend the reexamination or opposition, and 

upon written request, convey title to NASA and execute all papers 

necessary for NASA to proceed with the appropriate action.