[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: 14CFR1245.501]



[Page 211-212]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

                          SPACE ADMINISTRATION

 

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

Contents

 

Subpart 5_Authority and Delegations to Take Certain Actions Relating to 

             Patents and Other Intellectual Property Rights

 

Sec. 1245.501  General Counsel.



    The General Counsel administers the NASA patent program and is 

delegated authority to take the following specific actions related to 

intellectual property, including patent, copyright, trademark, and 

related matters:

    (a) Determination of rights. (1) To execute notifications of the 

Administrator's determinations made pursuant to section 305(a) of the 

National Aeronautics and Space Act of 1958, as amended;

    (2) To make determinations, under Executive Order 10096 of January 

23, 1950, as amended, of the respective rights of the Government and of 

the inventor in and to inventions made by employees under the 

adminstrative jurisdiction of the National Aeronautics and Space 

Administration, and to appoint a liaison officer to deal with the 

Commissioner of Patents in such matters pursuant to 37 CFR 100.10, 

``Administration of a Uniform Patent Policy With Respect to the Domestic 

Rights in Inventions Made by Government Employees'';

    (b) Powers of attorney. To appoint and/or revoke principal attorneys 

and to execute necessary powers of attorney for the purpose of filing 

and prosecuting patent applications in which the United States, as 

represented by the Administrator, has an interest by way of either title 

or license;

    (c) Application papers and statements. To receive patent 

applications, documents, and statements transmitted to the Administrator 

pursuant to section 305(c) of the National Aeronautics and Space Act of 

1958, as amended;

    (d) Acceptance of licenses and assignments. To accept on behalf of 

the United States licenses under, assignments of, and other rights in 

inventions, patents, and applications for patents;

    (e) Secrecy orders. To exercise all powers of the Administrator with 

respect to secrecy orders in patent cases and foreign filing under 35 

U.S.C. 181 et seq.;



[[Page 212]]



    (f) Certifications. To exercise the authority of the Administrator 

with respect to certifications in support of requests for extensions of 

time under 35 U.S.C. 267;

    (g) Foreign patent program. To exercise the authority of the 

Administrator in taking all necessary action to obtain and maintain 

patents in foreign countries, including the execution of instruments 

necessary for filing, prosecution, and maintenance of foreign 

applications and patents;

    (h) Authority under section 305(d) and (e). To represent the 

Administrator and to appoint attorneys to represent the Administrator in 

the conduct of business under sections 305(d) and (e) of the National 

Aeronautics and Space Act of 1958, as amended, including execution of 

requests pursuant to said sections of the act that patents be issued to 

the Administrator on behalf of the United States or that title be 

transferred to the Administrator;

    (i) Acquisition authority. To exercise the power conferred on the 

Administrator by the National Aeronautics and Space Act of 1958, as 

amended, to acquire an interest in patents and patent applications, 

including the purchase of such interests in settlement of claims for the 

unauthorized use of patented inventions and to acquire interests in 

copyrights, trademarks, and trade names;

    (j) Authority to settle copyright claims. To exercise all powers 

conferred on the Administrator by 28 U.S.C. 1498(b), including the 

settlement of claims for copyright infringement;

    (k) Granting of licenses. To make the determinations and to take any 

and all actions with respect to the licensing of NASA inventions vested 

in the Administrator by the NASA Domestic Patent Licensing Regulations, 

14 CFR subpart 1245.2 (NASA Management Instruction 5109.3) and the NASA 

Foreign Patent Licensing Regulations, 14 CFR subpart 1245.4 (NASA 

Management Instruction 5109.5) to sign all Federal Register notice 

material required by the patent licensing regulations and to otherwise 

grant licenses on any invention in which the Administrator has reserved 

the right to grant licenses; and

    (l) Waiver determinations and instruments. To sign for the 

Administrator attestations of determinations of grant or denial of 

waiver of title to inventions and to execute instruments of waiver, when 

in accordance with the recommendations of the Inventions and 

Contributions Board, and the NASA Patent Waiver Regulations, 14 CFR 

subpart 1245.1 (NASA Management Instruction 5109.2).