[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: 37CFR404.3]



[Page 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.  404.3  Definitions.



    (a) Government owned invention means an invention, whether or not 

covered by a patent or patent application, or discovery which is or may 

be patentable or otherwise protectable under Title 35, the Plant Variety 

Protection Act (7 U.S.C. 2321 et seq.) or foreign patent law, owned in 

whole or in part by the United States Government.

    (b) Federal agency means an executive department, military 

department, Government corporation, or independent establishment, except 

the Tennessee Valley Authority, which has custody of a federally owned 

invention.

    (c) Small business firm means a small business concern as defined in 

section 2 of Pub. L. 85-536 (15 U.S.C. 632) and implementing regulations 

of the Administrator of the Small Business Administration.

    (d) Practical application means to manufacture in the case of a 

composition or product, to practice in the case of a process or method, 

or to operate in the case of a machine or system; and, in each case, 

under such conditions as to establish that the invention is being 

utilized and that its benefits are to the extent permitted by law or 

Government regulations available to the public on reasonable terms.

    (e) United States means the United States of America, its 

territories and possessions, the District of Columbia, and the 

Commonwealth of Puerto Rico.



[50 FR 9802, Mar. 12, 1985, as amended at 71 FR 11512, Mar. 8, 2006]