[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: 14CFR1245.112]



[Page 206]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

                          SPACE ADMINISTRATION

 

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

Contents

 

                   Subpart 1_Patent Waiver Regulations

 

Sec. 1245.112  Notice of proposed Board action and reconsideration.



    (a) Notice. Except as provided by Sec. 1245.104(d), the Board will 

notify the petitioner, through the contracting officer, with respect to 

petitions for advance waiver prior to contract execution, and directly 

to the petitioner for all other petitions:

    (1) Whether it proposes to recommend to the Administrator that the 

petition be:

    (i) Granted in the extent requested;

    (ii) Granted in an extent different from that requested; or

    (iii) Denied.

    (2) Of the reasons for any recommended action adverse to or 

different from the waiver of rights requested by the petitioner.

    (b) Request for reconsideration and statements required. (1) If, 

under paragraph (a) of this section, the Board notifies the petitioner 

that the Board proposes to recommend action adverse to or different from 

the waiver requested, the petitioner may, within the period as the Board 

may set, but not less than 15 days from the notification, request 

reconsideration by the Board.

    (2) If reconsideration has been requested within the prescribed 

time, the petitioner shall, within 30 days from the date of the request 

for reconsideration, or within any other time as the Board may set, file 

its statement setting forth the points, authorities, arguments, and any 

additional material on which it relies.

    (3) Upon filing of the reconsideration statement by the petitioner, 

the petition will be assigned for reconsideration by the Board upon the 

contents of the petition, the record, and the reconsideration statement 

submitted by the petitioner.

    (4) The Board, after its reconsideration, will promptly notify the 

petitioner of its proposed recommendation to the Administrator. If the 

Board's proposed action is adverse to, or different from, the waiver 

requested, the petitioner may request an oral hearing within the time as 

the Board has set.