[Code of Federal Regulations]

[Title 37, Volume 1]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 37CFR404.1]



[Page 713-714]

 

              TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS

 

  CHAPTER IV--ASSISTANT SECRETARY FOR TECHNOLOGY POLICY, DEPARTMENT OF 

                                COMMERCE

 

PART 404_LICENSING OF GOVERNMENT OWNED INVENTIONS--Table of Contents

 

Sec.  404.1  Scope of part.









Sec.

404.1 Scope of part.

404.2 Policy and objective.

404.3 Definitions.

404.4 Authority to grant licenses.

404.5 Restrictions and conditions on all licenses granted under this 

          part.

404.6 Nonexclusive licenses.

404.7 Exclusive, co-exclusive and partially exclusive licenses.

404.8 Application for a license.

404.9 [Reserved]

404.10 Modification and termination of licenses.

404.11 Appeals.

404.12 Protection and administration of inventions.

404.13 Transfer of custody.

404.14 Confidentiality of information.



    Authority: 35 U.S.C. 207-209.



[[Page 714]]





    Source: 50 FR 9802, Mar. 12, 1985, unless otherwise noted.





    This part prescribes the terms, conditions, and procedures upon 

which a federally owned invention, other than an invention in the 

custody of the Tennessee Valley Authority, may be licensed. This part 

does not affect licenses which:

    (a) Were in effect prior to April 7, 2006;

    (b) May exist at the time of the Government's acquisition of title 

to the invention, including those resulting from the allocation of 

rights to inventions made under Government research and development 

contracts;

    (c) Are the result of an authorized exchange of rights in the 

settlement of patent disputes, including interferences; or

    (d) Are otherwise authorized by law or treaty, including 35 U.S.C. 

202(e), 35 U.S.C. 207(a)(3) and 15 U.S.C. 3710a, which also may 

authorize the assignment of inventions. Although licenses on inventions 

made under a cooperative research and development agreement (CRADA) are 

not subject to this regulation, agencies are encouraged to apply the 

same policies and use similar terms when appropriate. Similarly, this 

should be done for licenses granted under inventions where the agency 

has acquired rights pursuant to 35 U.S.C. 207(a)(3).



[71 FR 11512, Mar. 8, 2006]