[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: 14CFR1245.117]



[Page 208-209]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

                          SPACE ADMINISTRATION

 

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

Contents

 

                   Subpart 1_Patent Waiver Regulations

 

Sec. 1245.117  March-in and waiver revocation procedures.



    (a) The exercise of march-in procedures shall be governed by 35 

U.S.C. 203 and by the applicable provisions of 37 CFR 401.6, entitled 

``Exercise of march-in rights for inventions made by nonprofit 

organizations and small business firms.''

    (b) Whenever NASA receives information that it believes might 

warrant the exercise of march-in rights, before initiating any march-in 

proceeding, it shall notify the waiver recipient in writing of the 

information and request informal written or oral comments from the 

waiver recipient as well as information relevant to the matter. In the 

absence of any comments from the waiver recipient within 30 days, NASA 

may, at its discretion, proceed with the procedures set forth in 37 CFR 

401.6. If a comment is received within 30 days, or later if NASA has not 

initiated the procedures, then NASA shall, within 60 days after it 

receives the comment, either initiate the procedures or notify the 

waiver recipient, in writing, that it will not pursue march-in rights on 

the basis of the available information.

    (c) If march-in procedures are to be initiated, the Administrator of 

NASA, or designee, shall undertake or refer the matter for fact finding 

to the



[[Page 209]]



NASA Board of Contract Appeals (BCA) and its Chairperson.

    (d) Fact-finding shall be conducted by the NASA BCA and its 

Chairperson in accordance with its procedures that are consistent with 

the procedures set forth in 37 CFR 401.6. Any portion of the march-in 

proceeding, including a fact-finding hearing that involves testimony or 

evidence relating to the utilization or efforts at obtaining utilization 

that are being made by the waiver recipient, its assignee, or licensees 

shall be closed to the public, including potential licensees. In 

accordance with 35 U.S.C. 202(c)(5), NASA shall not disclose any such 

information obtained during a march-in proceeding to persons outside the 

Government except when such release is authorized by the waiver 

recipient (assignee or licensee).

    (e) The preparation of written findings of fact and recommended 

determination by the Chairperson of the NASA BCA and the determination 

by the Administrator, or designee, of NASA shall be in accordance with 

37 CFR 401.6.

    (f) NASA may, at any time, terminate a march-in proceeding if it is 

satisfied that it does not wish to exercise march-in rights.