[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: 14CFR1245.109]

[Page 207]
 
                     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.  1245.109  Assignment of title to NASA.

    (a) The instrument of waiver set forth in Sec.  1245.115(c) shall be 
voided by NASA with respect to the domestic title to any invention for 
which a patent application has not been filed within 1 year (or a 
reasonable time thereafter for good cause shown) from notification to 
NASA of election of title, as required by Sec.  1245.104(c)(2), for an 
advanced waiver pursuant to Sec.  1245.104, or within 1 year from the 
granting of a waiver for an individual invention granted pursuant to 
Sec.  1245.105.
    (b) The instrument of waiver set forth in Sec.  1245.115(c) shall be 
voided by NASA with respect to title in any foreign country for which 
waiver has been granted pursuant to Sec.  1245.106, if a patent 
application has not been filed in that country (or in the European 
Patent Office or under the Patent Cooperation Treaty and that country 
designated) within either 10 months (or a reasonable time thereafter for 
good cause shown) from the date a corresponding U.S. patent application 
has been filed or 6 months (or a reasonable time thereafter for good 
cause shown) from the date a license is granted by the Commissioner of 
Patents and Trademarks to file foreign patent applications where such 
filing has been prohibited by a Secrecy Order.
    (c) In any country in which the waiver recipient decides not to 
continue prosecution of any application, to pay maintenance fees on, or 
defend in reexamination or opposition proceedings on a patent on a 
waived invention, the waiver recipient shall notify the patent 
representative within sufficient time for NASA to continue prosecution, 
pay the maintenance fee or defend the reexamination or opposition, and 
upon written request, convey title to NASA and execute all papers 
necessary for NASA to proceed with the appropriate action.