[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: 45CFR7.4]



[Page 46]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 7_EMPLOYEE INVENTIONS--Table of Contents

 

Sec.  7.4  Option to acquire foreign rights.



    In any case where it is determined that all domestic rights should 

be assigned to the Government, it shall further be determined, pursuant 

to Executive Order 9865 and Government-wide regulations issued 

thereunder, that the Government shall reserve an option to require the 

assignment of such rights in all or in any specified foreign countries. 

In case where the inventor is not required to assign the patent rights 

in any foreign country or countries to the Government or the Government 

fails to exercise its option within such period of time as may be 

provided by regulations issued by the Commissioner of Patents, any 

application for a patent which may be filed in such country or countries 

by the inventor or his assignee shall nevertheless be subject to a 

nonexclusive, irrevocable, royalty-free license to the Government for 

all governmental purposes, including the power to issue sublicenses for 

use in behalf of the Government and/or in furtherance of the foreign 

policies of the Government.



[27 FR 7987, Aug. 10, 1962]