[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: 37CFR404.8]



[Page 717]

 

              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.  404.8  Application for a license.



    An application for a license should be addressed to the Federal 

agency having custody of the invention and shall normally include:

    (a) Identification of the invention for which the license is desired 

including the patent application serial number or patent number, title, 

and date, if known;

    (b) Identification of the type of license for which the application 

is submitted;

    (c) Name and address of the person, company, or organization 

applying for the license and the citizenship or place of incorporation 

of the applicant;

    (d) Name, address, and telephone number of the representative of the 

applicant to whom correspondence should be sent;

    (e) Nature and type of applicant's business, identifying products or 

services which the applicant has successfully commercialized, and 

approximate number of applicant's employees;

    (f) Source of information concerning the availability of a license 

on the invention;

    (g) A statement indicating whether the applicant is a small business 

firm as defined in Sec.  404.3(c)

    (h) A detailed description of applicant's plan for development or 

marketing of the invention, or both, which should include:

    (1) A statement of the time, nature and amount of anticipated 

investment of capital and other resources which applicant believes will 

be required to bring the invention to practical application;

    (2) A statement as to applicant's capability and intention to 

fulfill the plan, including information regarding manufacuturing, 

marketing, financial, and technical resources;

    (3) A statement of the fields of use for which applicant intends to 

practice the invention; and

    (4) A statement of the geographic areas in which applicant intends 

to manufacture any products embodying the invention and geographic areas 

where applicant intends to use or sell the invention, or both;

    (i) Identification of licenses previously granted to applicant under 

federally owned inventions;

    (j) A statement containing applicant's best knowledge of the extent 

to which the invention is being practiced by private industry or 

Government, or both, or is otherwise available commercially; and

    (k) Any other information which applicant believes will support a 

determination to grant the license to applicant.