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above-identified acquisition activity Aeronautics and Space Aircraft allegations appears application Board's findings cells cited claims commercial Company competence concludes considerable Contract NAS contractor Contributions Board Corp Corporation defined Denied determined devices direct Division dominant position duly considered effective effort Electric electronic engines equipment established exclusive rights existing experience facilities field of technology FINDINGS AND RECOMMENDATION Funding further Government governmental Granted hereby expressly incorporated improved incorporated by reference indicated industry intended interests Inventions and Contributions involved manufacture materials ment methods Moreover NASA Patent Waiver National Aeronautics operation Patent Waiver Regulations performance Peti petition Petitioner Petitioner's preferred or dominant present principal developer processes proposed public health reasons respective criterion set significant SPACE ADMINISTRATION PETITIONER specifically STATEMENT OF FACTS submitted subsection technical testing tion title under Section tract United utility vention waiver of title Waiver Regulations 1966
Page 224 - ... the contract is in a field of science or technology in which there has been little significant experience outside of work funded by the government, or where the government has been the principal developer of the field, and the acquisition of exclusive rights at the time of contracting might confer on the contractor a preferred or dominant position...
Page xlviii - Administrator shall prescribe, he may waive all or any part of the rights of the United States under this section with respect to any invention or class of inventions made or which may be made by any person or class of persons in the performance of any work required by any contract of the Administration if the Administrator determines that the interests of the United States will be served thereby.
Page 225 - Invention within — (I) Nine months from the date a corresponding US application is filed; (II) Six months from the date permission is granted to file foreign applications where such filing has been prohibited for security reasons; or (ill) Such longer periods as may be expressly approved by the Administrator.
Page xlviii - As used in this section — (1) the term "person" means any individual, partnership, corporation, association, institution, or other entity; (2) the term "contract...
Page xlviii - In other situations, where the purpose of the contract is to build upon existing knowledge or technology to develop information, products, processes, or methods for use by the government, and the work called for by the contract is in a field of technology in which the contractor has acquired technical competence (demonstrated by factors such as know-how, experience, and patent position) directly related to an area in which the contractor has an established nongovernmental commercial position...
Page xlviii - That any such waiver shall be subject to the reservation of an irrevocable, nonexclusive, nontransferable, royalty-free license for the practice of such invention throughout the world by or on behalf of the United States or any foreign government pursuant to any treaty or agreement with the United States.
Page xlviii - To the point of practical application" means to manufacture in the case of a composition or product, to practice in the case of a process, or to operate in the case of a machine, and under such conditions as to establish that the invention is being worked and that its benefits are reasonably accessible to the public.
Page xlviii - ... or on terms that are reasonable in the circumstances, or can show cause why he should retain the principal or exclusive rights for a further period of time, the...
Page xlviii - Contractor is a part and includes the right to grant sublicenses of the same scope to the extent the Contractor was legally obligated to do so at the time the contract was awarded. The license...
Page 226 - A transcript or equivalent record of the proceeding shall be arranged for by the Board. The petitioner shall submit for the record a copy of any exhibit or visual aid utilized during the hearing. §1245.114 Findings and recommendations of the Board. (a) Findings of the Board. The Board shall consider the petition, the NASA contract, if relevant, the goals cited in...