14 C.F.R. Subpart 5—Authority and Delegations To Take Certain Actions Relating to Patents and Other Intellectual Property Rights
Title 14 - Aeronautics and Space
Authority: 42 U.S.C. 2473, 2457; 14 CFR 1204.506.
Source: 43 FR 34122, Aug. 3, 1978, unless otherwise noted.
This subpart 5 sets forth the authority and delegations relating to intellectual property rights, and the administration of the NASA patent program. The General Counsel administers the NASA patent program and is delegated authority to take the following specific actions related to intellectual property, including patent, copyright, trademark, and related matters: (a) Determination of rights. (1) To execute notifications of the Administrator's determinations made pursuant to section 305(a) of the National Aeronautics and Space Act of 1958, as amended; (2) To make determinations, under Executive Order 10096 of January 23, 1950, as amended, of the respective rights of the Government and of the inventor in and to inventions made by employees under the adminstrative jurisdiction of the National Aeronautics and Space Administration, and to appoint a liaison officer to deal with the Commissioner of Patents in such matters pursuant to 37 CFR 100.10, “Administration of a Uniform Patent Policy With Respect to the Domestic Rights in Inventions Made by Government Employees”; (b) Powers of attorney. To appoint and/or revoke principal attorneys and to execute necessary powers of attorney for the purpose of filing and prosecuting patent applications in which the United States, as represented by the Administrator, has an interest by way of either title or license; (c) Application papers and statements. To receive patent applications, documents, and statements transmitted to the Administrator pursuant to section 305(c) of the National Aeronautics and Space Act of 1958, as amended; (d) Acceptance of licenses and assignments. To accept on behalf of the United States licenses under, assignments of, and other rights in inventions, patents, and applications for patents; (e) Secrecy orders. To exercise all powers of the Administrator with respect to secrecy orders in patent cases and foreign filing under 35 U.S.C. 181 et seq.; (f) Certifications. To exercise the authority of the Administrator with respect to certifications in support of requests for extensions of time under 35 U.S.C. 267; (g) Foreign patent program. To exercise the authority of the Administrator in taking all necessary action to obtain and maintain patents in foreign countries, including the execution of instruments necessary for filing, prosecution, and maintenance of foreign applications and patents; (h) Authority under section 305(d) and (e). To represent the Administrator and to appoint attorneys to represent the Administrator in the conduct of business under sections 305(d) and (e) of the National Aeronautics and Space Act of 1958, as amended, including execution of requests pursuant to said sections of the act that patents be issued to the Administrator on behalf of the United States or that title be transferred to the Administrator; (i) Acquisition authority. To exercise the power conferred on the Administrator by the National Aeronautics and Space Act of 1958, as amended, to acquire an interest in patents and patent applications, including the purchase of such interests in settlement of claims for the unauthorized use of patented inventions and to acquire interests in copyrights, trademarks, and trade names; (j) Authority to settle copyright claims. To exercise all powers conferred on the Administrator by 28 U.S.C. 1498(b), including the settlement of claims for copyright infringement; (k) Granting of licenses. To make the determinations and to take any and all actions with respect to the licensing of NASA inventions vested in the Administrator by the NASA Domestic Patent Licensing Regulations, 14 CFR subpart 1245.2 (NASA Management Instruction 5109.3) and the NASA Foreign Patent Licensing Regulations, 14 CFR subpart 1245.4 (NASA Management Instruction 5109.5) to sign all (l) Waiver determinations and instruments. To sign for the Administrator attestations of determinations of grant or denial of waiver of title to inventions and to execute instruments of waiver, when in accordance with the recommendations of the Inventions and Contributions Board, and the NASA Patent Waiver Regulations, 14 CFR subpart 1245.1 (NASA Management Instruction 5109.2). The Associate General Counsel for Intellectual Property provides functional direction to all Patent Counsel and is redelegated the authority to take the following actions: (a) Rights determinations. (1) To execute notifications of the Administrator's determinations made pursuant to section 305(a) of the National Aeronautics and Space Act of 1958, as amended; (2) To make determinations, under Executive Order 10096 of January 23, 1950 as amended, of the respective rights of the Government and of the inventor in and to inventions made by employees under the administrative jurisdiction of the National Aeronautics and Space Administration, and to appoint a liaison officer to deal with the Commissioner of Patents in such matters pursuant to 37 CFR 100.10, “Administration of a Uniform Patent Policy With Respect to the Domestic Rights in Inventions Made by Government Employees”; (b) Powers of attorney. To appoint and/or revoke principal attorneys and to execute necessary powers of attorney for the purpose of filing and prosecuting patent applications in which the United States, as represented by the Administrator, has an interest by way either of title or license; (c) Application papers and statements. To receive patent applications, documents, and statements transmitted to the Administrator pursuant to section 305(c) of the National Aeronautics and Space Act of 1958, as amended; (d) Acceptance of licenses and assignments. To accept, on behalf of the United States, licenses under, assignments of, and other rights in inventions, patents, and applications for patents; and (e) Secrecy orders. To exercise all powers of the Administrator with respect to secrecy orders in patent cases and foreign filing under 35 U.S.C. 181 et seq. [43 FR 34122, Aug. 3, 1978, as amended at 56 FR 19797, Apr. 30, 1991] Patent Counsel of Field Installations and Patent Counsel, NASA Resident Legal Office, Pasadena, Calif., are redelegated authority to take the following actions: (a) Rights determination. To make determination, under Executive Order 10096 of January 23, 1950, as amended, or the respective rights of the Government and of the inventor in and to inventions made by employee under the administrative jurisdiction of their installations in those instances where the Government is entitled to obtain the entire right, title, and interest, and to make each determination, with the concurrence of the Associate General Counsel for Intellectual Property, in those instances where the Government acquires less than the entire domestic right, title, and interest. (b) Acceptance of licenses and assignments. To accept on behalf of the United States licenses under, assignments of and other rights in inventions, patents, and applications for patents. [43 FR 34122, Aug. 3, 1978, as amended at 56 FR 19797, Apr. 30, 1991] None authorized except by virtue of succession.
Title 14: Aeronautics and Space
PART 1245—PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS
Subpart 5—Authority and Delegations To Take Certain Actions Relating to Patents and Other Intellectual Property Rights
§ 1245.500 Scope.
§ 1245.501 General Counsel.
§ 1245.502 Associate General Counsel for Intellectual Property.
§ 1245.503 Patent Counsel of Field Installations.
§ 1245.504 Further redelegation.
