Should this contingency arise, the appeals procedures shall be similar to those for contract appeals to the extent that they are necessary and consistent with a quick, just and inexpensive determination. The ordinary concepts of adversary proceedings will be followed where appropriate. Early in the process, the Board will arrange an informal meeting or a telephone conference with both parties and will follow procedures very similar to those outlined in Rule 13 of this contract rules except that all decisions shall be by a majority of a panel of three members.

No appeals have been submitted to date under any of these authorities.

VIII

INVENTION LICENSING APPEALS BOARD

The Department of Energy, in order to foster practical application and commercialization of inventions, grants exclusive or nonexclusive licenses174 to prospective private developers.175 Such licenses are negotiated on terms in the best interests of the public so that a new invention is developed to the point of practical application in the shortest time possible.176

The Board has been designated by the Secretary to sit as an Invention Licensing Appeals Board to hear appeals from decisions by the Assistant General Counsel for Patents concerning DOE-owned patents, both domestic and foreign, as provided for in 10 CFR §781.52 and in 10 CFR §781.66. In this capacity the Board considers decisions going to the grant, denial, interpretation, modification or revocation of a license.

Ordinarily the Invention Licensing Appeals Board will use the Board of Contract Appeals rules and procedures to the extent they are applicable. An affected party who receives notice of a decision from the Assistant General Counsel for Patents

174 10 CFR §781.11(b).

175 Id.
176 10 CFR $781.11(a).

has 30 days to file a notice of appeal with the Board.177 In the absence of a notice of decision an affected party has 30 days from publication of the decision in the Federal Register. 178

Applicant, in the notice of an appeal must specify which portion of the decision is appealed and the reasons why it is in error.179 Thus, an adversary proceeding is envisioned. If a hearing is desired, it may be requested within 15 days of the notice. If the hearing is allowed, the parties will be given a minimum of 15 days notice of the time and place to present oral arguments.180

Statements containing facts and arguments may be filed with the notice of appeal or appellant may state in the notice that they will be submitted within 15 days.181

The Board, in arriving at its decision will consider the policy expressed in 10 CFR §781.11 together with the evidence submitted by the parties.182 After the close of the trial the Board makes findings of fact and conclusions which constitute the final action of the Department of Energy.183

181 10 CFR $781.51.

182 10 CFR $781.53.

183 One appeal only has been adjudicated by the Board. In re application by

Hitachi Ltd., ILAB No. 1-3-78 (April 27, 1979).

IX

CONCLUSION

DOE contractual arrangements range from complex research and development contracts to loan guaranties and financial assistance agreements. Inevitably, disputes and appeals arise in the performance of these agreements when contractors and others take issue with decisions of government officials. Such disputes require resolution in a manner that will least interrupt the agency-contractor working relationship. They must be resolved promptly, with appropriate "due process", and in as inexpensive and informal a manner as possible. It is for this purpose that the Boards were established.

From its inception, the Board of Contract Appeals established a policy favoring rules that would emphasize need for prompt, impartial and inexpensive resolution of disputes. Equally important towards realizing this goal is the necessity that contractors, subcontractors and government counsel be as fully aware as possible of their rights and remedies under the contract, as well as of the rules and procedures issued by the Board to resolve disputes. Likewise, the other Board adopted the same policy.

These factors were the underlying reasons for publishing this Guide. If through this Guide, a small improvement occurs in resolving each appeal, a substantial total benefit in time, cost and quality will have been achieved. This is our goal.