NATIONAL AERONAUTICS AND SPACE ADMINISTRATION PETITIONER: Douglas Aircraft Company CONTRACT: NAS 7-101 Color Television Data Display System Section 1245.106, NASA Patent Waiver Regulations (1964)--Incidental Commercial Utility-Requirement of Public Use--Government Funding v. Private Funding--Government as Principal Developer of Field--Competition in Field--Alternative Methods as Negating Possibility of Preference or Dominance--Scope of Field of Technology--Evidence as to Privately-Funded Experience in Field--Making of Invention as Primary Object of Contract--Waiver of Title as Necessary Incentive--Information Display Systems--Space Vehicles--Color Television Data Display System--PETITION GRANTED FINDINGS AND RECOMMENDATION OF THE INVENTIONS AND CONTRIBUTIONS BOARD: STATEMENT OF FACTS: The Petitioner, Douglas Aircraft Company, is a contractor of the National Aeronautics and Space Administration, under Contract NAS 7-101. The petition was made for waiver of title of the United States in an invention entitled "Color Television Data Display System," described in an attachment to the petition. The invention was made by Joseph T. Hine and John R. McDaniel, employees of the Petitioner, in the performance of work required under the above-identified contract, and in the manner specified in Section 305(a) of the National Aeronautics and Space Act of 1958, as determined by the Administrator. The petition was considered by the Inventions and Contributions Board on October 8, 1965. The Board, having duly considered the allegations and claims of the above-identified petition, expressly makes the findings required under Section 1245.106(b) of the NASA Patent Waiver Regulations (1964), (which is hereby expressly incorporated by reference), and concludes that the invention does not fall within the enumerated proscriptions of the cited Section. The reasons for the Board's findings are stated below, corresponding in each instance to the respective criterion set forth in each subsection. SECTION 1245.106(b)(1). The present invention relates to an information display system for displaying on a television screen pictures of a portion of the operating system of a missile being readied for launch, to enable observation of current temperature and other operating data at various points in the system. Since, insofar as the Govern ment is concerned, the inventive system would be restricted to use only in connection with the space or other related programs of the Government, it appears obvious that the present display system has no direct relation to any other Governmental program requiring its use by the general public. SECTION 1245.106(b)(2). Since the invention constitutes a rather sophisticated and costly display system developed in connection with a governmental missile contract, with little likelihood of its use by the public, it is readily apparent that the Government will not likely require its use by members of the general public. SECTION 1245.106(b)(3). The inventive display system is concerned solely with the visual display of an operating system, for example, of a missile being readied for launch, or perhaps the display of a manufacturing process, and accordingly appears clearly not to have any direct or indirect relationship to the public health or public welfare. SECTION 1245.106(b)(4). The present invention is in a field of science or technology, defined as information display, in which it is considered that there has been significant experience gained outside of work funded by the Government. In this connection, the Petitioner contends, and it is agreed, that such systems have been extensively developed by many industrial firms for production and other control, often as computer output equipment. As support for the foregoing contention by the Petitioner, the NASA technical evaluator states unequivocally that the use of information display systems is widespread and is used in most commercial fields. The evaluator goes on to say that most modern manufacturing processes use information display systems, and schools are presently using television in combination with computers to teach. The foregoing information, in addition to supporting a finding of significant experience achieved by privately-funded sources, is considered to further establish that the Government has not been the principal developer of the field. Petitioner's allegation that it is not a major supplier in the field of data display systems, and would not obtain a dominant position in the field by virtue of the grant of this request for waiver, is believed to be welltaken, particularly in view of the previously-noted large industrial competition in the field. Further support for the above allegation is given by the technical evaluator who, in denying that acquisition of exclusive rights in the invention might confer on the contractor a preferred or dominant position in the inventive field, points out that there are many other ways of displaying information, indicating as one example the oscilloscope, in view of which it is apparent that Petitioner would not be placed in a preferential or dominant position by acquiring title in the single invention involved in the present case. The Board further expressly finds that although the petition satisfies the requirements of Section 1245.106(b), it does not meet all the criteria of Section 1245.106(c) (1), (which is hereby expressly incorporated by reference), which Section encompasses the criteria of Section 1245.104(a), subsections (1) through (4), (which are also hereby expressly incorporated by reference). However, this defect is not fatal to the petition, since the Board finds that the conditions precedent of Section 1245.106(c)(2)(i) and (ii), (which are also hereby expressly incorporated by reference), have been met. The reasons for the Board's findings are stated below, corresponding in each case to the respective criterion set forth in each subsection. SECTION 1245.104(a)(1). The principal purpose of the present contract was the design and development of the Saturn IV-B high-thrust space vehicle, for obvious application only in the manned and/or unmanned space flight program of the Government, with clearly no specific contract intent to apply the invention commercially to the benefit of the public. SECTION 1245.104(a)(2). Since the principal purpose of the present contract was solely to develop a rocket stage for application to a governmental space vehicle, no public purpose or use, or health or welfare, is involved. SECTION 1245.104(a)(3). The field of science or technology involved in the present contract is considered to be space vehicles generally, and in particular spacecraft boosters or launch vehicles, and in this field it is generally recognized that the Government has been the principal developer. Although the latter finding is considered to raise a presumption that there has been little significant experience in the defined contract field by privatelyfunded sources, this presumption could perhaps be rebutted. However, in the instant case, the record is silent regarding the experience of industry gained in the defined field through the expenditure of its own funds. Moreover, the purpose of the present contract is to develop the S-IV B stage for the Saturn IB Vehicle, and it is considered that the significant nature of inventions likely to be developed thereunder would place the Petitioner in an advantageous position over its industrial competitors, should it be granted the requested waiver; accordingly, the Petitioner has not adequately supported a favorable finding under this subsection. waiver of title is a necessary incentive to proceed with such development. To this end, the Petitioner has indicated its maintenance for many years of an active and aggressive licensing program specifically designed to develop its so-called "spin-off" and "fallout" inventions. The Petitioner further notes the well-recognized substantial incentive afforded by patent protection, and it notes in addition that considerable risk capital would be required to adapt the present invention to any particular commercial system. More importantly, the Petitioner, after noting generally that patent protection is one of the prime considerations in pursuing the commercial utilization of inventions, states unequivocally that no organization will spend the necessary funds for developing this invention to the point of practical application and commercial utilization "without assurance that this investment will be protected by title to an appropriate patent application." More particularly, the Petitioner is understood to have committed itself, should waiver be granted, to performing the requisite development of the present invention, as required by this subsection, by indicating that in requesting a waiver of title it would obligate itself "diligently to pursue the commercial utilization of this invention"; and, conversely, should favorable consideration not be given its waiver request, the Petitioner has stated that it would not risk capital to bring the invention to the point of practical application. The foregoing commitment by the Petitioner to pursue the requisite invention development, should its waiver request be granted, and conversely, not to use risk capital in further development of the invention, should unfavorable consideration be given to its waiver request, coupled with the Petitioner's reasonable capability actually to ensure the required development through utilization of its active licensing program, is considered adequately to establish that grant of the requested waiver would be a necessary incentive to the expenditure of the additional funds required to commercially exploit the present invention. On the basis of all the above-enumerated findings, the Inventions and Contributions Board concludes that the interests of the United States would best be served by waiving title under Section 1245.106 of the NASA Patent Waiver Regulations of August 27, 1964, and therefore RECOMMENDS THE GRANT OF THE PETITION. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION PETITIONER: General Electric Company --DESCRIPTION: Development of Forgeable, High-Temperature Chromium-Base Alloys Section 1245.105, NASA Patent Waiver Regulations (1964)--Commercial Application as Principal Purpose of Contract--Government as Principal Developer of Field--Government Funding v. Private Funding--Patent Position of Petitioner--Technical Competence of Petitioner--Development of End-Result for Government Use as Purpose of Contract-Established Nongovernmental Commercial Position--Chromium-Base Alloys--Refractory Metals--Development of Forgeable, High-Temperature Chromium-Base Alloys--PETITION DENIED FINDINGS AND RECOMMENDATION OF THE INVENTIONS AND CONTRIBUTIONS BOARD: STATEMENT OF FACTS: The Petitioner, General Electric Company, is a contractor of the National Aeronautics and Space Administration, under Contract NAS 3-7260. The petition was submitted to NASA within the time allowed by the Regulations for consideration of waiver of title of the United States to all inventions made or that may be made under the above-identified contract, and was considered by the Inventions and Contributions Board on March 29, 1966. The Board, having duly considered the allegations and claims of the above-identified petition, is unable to make all of the findings under Section 1245.104(a) of the NASA Patent Waiver Regulations (1964), as required by Section 1245.105(b), and therefore RECOMMENDS THE DENIAL OF THE PETITION. The reasons for the Board's findings are stated below. SECTION 1245.104(a)(1). The principal purpose of the present contract is to develop an improved forgeable, chromium-base alloy for advanced turbine engine applications at high temperatures above 2,000 degrees F, potentially for use in NASA's supersonic commercial air-transport program. In view of the future potential offered by such alloys in the advanced air-breathing propulsion system of commercial supersonic air transports, it becomes readily apparent that a principal purpose of the contract is eventually to develop products, processes, or methods intended for commercial use, or otherwise intended to be made available for use by the general public. SECTION 1245.104(a)(2). The development of an improved high-temperature, chromium-base alloy for use on advanced turbine engines, as contemplated under the instant contract, obviously is not concerned with exploration into a field or fields having any relation to the health or welfare of members of the public. SECTION 1245.104(a)(3). The field of science or technology involved in the present contract is considered to be that of chromium-base alloys. Although the Petitioner alleges that this field has been developed over many years, both through the use of commercial and Government funds, and cites a $15 million refractory-metals facility built by it with its own funds, this is inadequate to support a finding of significant privately-funded experience in the contract field. While use of a refractory-metals facility could be appropriate to show private contribution to the field, the Petitioner has not shown what use, if any, has actually been made of such facility in the developing and testing and/or manufacturing of chromium-base alloys, and thus has failed to indicate any information from which an appropriate conclusion may be reached as to the work done in the field outside of Government support. In this connection, the NASA technical evaluator notes that, although this facility may have contributed significantly to the general field of refractory metals, particularly in the area of tungsten alloys, it is questionable whether significant experience has been obtained in the chromiumbase alloys field outside of work funded by the Government. Moreover, the Petitioner's |