[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 45CFR7.3]



[Page 45-46]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 7_EMPLOYEE INVENTIONS--Table of Contents

 

Sec.  7.3  Determination as to domestic rights.



    The determination of the ownership of the domestic right, title, and 

interest in and to an invention which is or may be patentable, made by a 

Government employee while under the administrative jurisdiction of the 

Department, shall be made in writing by the Assistant Secretary (Health 

and Scientific Affairs), in accordance with the provisions of Executive 

Order 10096 and Government-wide regulations issued thereunder by the 

Commissioner of Patents as follows:

    (a) The Government as represented by the Assistant Secretary (Health 

and Scientific Affairs) shall obtain the entire domestic right, title 

and interest in and to all inventions made by any Government employee 

(1) during working hours, or (2) with a contribution by the Government 

of facilities, equipment, materials, funds, or information, or of time 

or services of other Government employees on official duty, or (3) which 

bear a direct relation to or are made in consequence of the official 

duties of the inventor.

    (b) In any case where the contribution of the Government, as 

measured by any one or more of the criteria set forth in paragraph (a) 

of this section, to the invention is insufficient equitably to justify a 

requirement of assignment to the Government of the entire domestic 

right, title and interest in and to such invention, or in any case where 

the Government has insufficient interest in an invention to obtain the 

entire domestic right, title, and interest therein (although the 

Government could obtain same under paragraph (a) of this section), the 

Department, subject to the approval of the Commissioner, shall leave 

title to such invention in the employee, subject, however, to the 

reservation to the Government of a nonexclusive, irrevocable, royalty-

free license in the invention with power to grant licenses for all 

governmental purposes, such reservation to appear, where practicable, in 

any patent, domestic or foreign, which may issue on such invention.

    (c) In applying the provisions of paragraphs (a) and (b) of this 

section, to the facts and circumstances relating to the making of any 

particular invention, it shall be presumed that an invention made by an 

employee who is employed or assigned (1) to invent or improve or perfect 

any art, machine, manufacture, or composition of matter, (2) to conduct 

or perform research, development work, or both, (3) to supervise, 

direct, coordinate, or review Government financed or conducted research, 

development work, or both, or (4) to act in a liaison capacity among 

governmental or nongovernmental agencies or individuals engaged in such 

work, falls within the provisions of paragraph (a) of this section, and 

it shall be presumed that any invention made by any other employee falls 

within the provisions of paragraph (b) of this section. Either 

presumption may be rebutted by a showing of the facts and circumstances 

and shall not preclude a determination that these facts and 

circumstances justify leaving the entire right, title and interest in 

and to the invention in the Government employee, subject to law.

    (d) In any case wherein the Government neither (1) obtains the 

entire domestic right, title and interest in and to an invention 

pursuant to the provisions of paragraph (a) of this section, nor (2) 

reserves a nonexclusive, irrevocable, royalty-free license in the 

invention, with power to grant licenses for all governmental purposes, 

pursuant to the provisions of paragraph (b)



[[Page 46]]



of this section, the Government shall leave the entire right, title and 

interest in and to the invention in the Government employee, subject to 

law.



[27 FR 7986, Aug. 10, 1962, as amended at 31 FR 12842, Nov. 1, 1966]