[Code of Federal Regulations]
[Title 14, Volume 5]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR1245.103]

[Page 203-204]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
                   CHAPTER V--NATIONAL AERONAUTICS AND
                          SPACE ADMINISTRATION
 
PART 1245_PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS--Table of Contents
 
                   Subpart 1_Patent Waiver Regulations
 
Sec.  1245.103  Policy.

    (a) In implementing the provisions of section 305(f) of the National 
Aeronautics and Space Act of 1958, as amended (42 U.S.C. 2457(f)), and 
in determining when the interests of the United States would be served 
by waiver of all or any part of the rights of the United States in 
inventions made in the performance of work under NASA

[[Page 204]]

contracts, the Administrator will be guided by the objectives set forth 
in the National Aeronautics and Space Act of 1958, as amended (42 U.S.C. 
2451-2477) and by the basic policy of the Presidential Memorandum and 
Statement of Government Patent Policy to the Heads of the Executive 
Departments and agencies dated February 18, 1983. Among the most 
important goals are to provide incentives to foster inventiveness and 
encourage the reporting of inventions made under NASA contracts, to 
provide for the widest practicable dissemination of new technology 
resulting from NASA programs, and to promote early utilization, 
expeditious development, and continued availability of this new 
technology for commercial purposes and the public benefit. In applying 
this regulation, both the need for incentives to draw forth private 
initiatives and the need to promote healthy competition in industry must 
be weighed.
    (b) Several different situations arise when waiver of all or any 
part of the rights of the United States may be requested and are 
prescribed in Sec. Sec.  1245.104-1245.106. Under Sec.  1245.104, 
advance waiver of rights to any or all of the inventions which may be 
made under a contract may be requested prior to the execution of the 
contract, or within 30 days after execution of the contract. Waiver of 
rights to an identified invention made and reported under a contract are 
to be requested under Sec.  1245.105, and may be requested under this 
provision even though a request under Sec.  1245.104 was not made, or if 
made, was not granted. Waiver of foreign rights under Sec.  1245.106 may 
be requested concurrently with domestic rights under Sec.  1245.104 or 
Sec.  1245.105, or may be made independently.
    (c) With respect to inventions which may be or are made or conceived 
in the course of or under contracts for research, development or 
demonstration work awarded by NASA on behalf of the Department of Energy 
(DOE) or in support of a DOE program, on a reimbursable basis pursuant 
to agreement between DOE and NASA, the waiver policy, regulations, and 
procedures of DOE will be applied. NASA will normally grant waiver of 
rights to inventions made under contracts awarded by NASA on behalf of, 
or in support of, programs funded by another Government agency, unless 
the funding agency recommends and justifies denial of the waiver. See 
Sec. Sec.  1245.110(c) and 1245.111(b).