[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: 14CFR1245.301]



[Page 209]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

                          SPACE ADMINISTRATION

 

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

Contents

 

                  Subpart 3_NASA Foreign Patent Program

 

Sec. 1245.301  Inventions under NASA contracts.



    (a) Pursuant to Sec. 1245.113, NASA has facilitated the filing of 

foreign patent applications by contractors by providing for the granting 

of a waiver of title to a contractor to any identified invention in 

countries other than the United States in the event the Administrator of 

NASA does not desire to file a patent application covering the invention 

in such countries. However, any such waiver is subject to the 

reservation by the Administrator of the license required to be retained 

by NASA under section 305(f) of the National Aeronautics and Space Act 

of 1958 (42 U.S.C. 2457(f)).

    (b) Conversely, where the principal rights in an invention made 

under a NASA contract remain in the contractor by virtue of waiver, 

Sec. 1245.19(a)(5) provides that the contractor, upon written request, 

will convey to the Administrator of NASA the entire right, title, and 

interest in the invention in any foreign country in which the contractor 

has elected not to file a patent application.

    (c) With respect to inventions in which NASA has acquired and 

retained the principal rights, NASA will file patent applications in 

countries other than the United States on inventions selected in 

accordance with the criteria set forth in Sec. 1245.303.