32 C.F.R. Subpart C—Licensing Procedures
Title 32 - National Defense
The Department of the Air Force will cause to be published in the Requests for a license under an Air Force invention should be addressed to the Chief, Patents Division, HQ USAF/JACP, Washington DC 20324. An application for a license will include: (a) Identification of the invention for which the license is desired including the patent application serial number or patent number, title, and date, if known; (b) Identification of the type of license for which the application is submitted; (c) Name and address of the person, company, or organization applying for the license and the citizenship or place of incorporation of the applicant; (d) Name, address, and telephone number of the representative of the applicant to whom correspondence should be sent; (e) Nature and type of applicant's business, identifying products or services which the applicant has successfully commercialized, and approximate number of applicant's employees; (f) Source of information concerning the availability of a license on the invention; (g) A statement indicating whether the applicant is a small business firm as defined in §841.4 of this subpart; (h) A detailed description of the applicant's plan for development or marketing of the invention, or both, which should include: (1) A statement of the time, nature, and amount of anticipated investment of capital and other resources which applicant believes will be required to bring the invention to practical application; (2) A statement as to applicant's capability and intention to fulfill the plan, including information regarding manufacturing, marketing, financial, and technical resources; (3) A statement of the fields of use for which applicant intends to practice the invention; and (4) A statement of the geographic areas in which the applicant intends to manufacture any products embodying the invention and geographic areas where applicant intends to use or sell the invention, or both; (i) Identification of licenses previously granted to applicant under federally owned inventions; (j) A statement containing the applicant's best knowledge of the extent to which the invention is being practiced by private industry or Government, or both, or is otherwise available commercially; and (k) Any other information which applicant believes will support a determination to grant the license to applicant. A notice that the prospective exclusive or partially exclusive licensee has been selected will be published by the Department of the Air Force in the (a) Identification of the invention; (b) Identification of the selected licensee; and (c) A statement that the license will be granted unless any written objection is received within 60 days. (a) After the notice is published in the (1) An identification of the invention, type of license desired, and name and address of the party applying for the license; (2) The name and address of all third parties who objected to the granting of the license, if any; (3) A brief statement of the reasons for the objections, if any; (4) A discussion of the relative merits of the license application vs. the objections filed by third parties, if any; (5) Determinations, and reasons supporting the determinations, whether: (i) The interests of the Federal Government and the public will be served by the proposed license, in view of the applicant's intentions, plans, and ability to bring the invention to practical application or otherwise promote the invention's utilization by the public; (ii) The desired practical application has not been achieved or is not likely expeditiously to be achieved under any nonexclusive license which has been granted on the invention; (iii) Exclusive or partially exclusive licensing is a reasonable and necessary incentive to call forth the investment of risk capital and expenditures to bring the invention to practical application or otherwise promote the invention's utilization by the public; (iv) The proposed terms and scope of exclusivity are not greater than reasonably necessary to provide the incentive for bringing the invention to practical application or otherwise promote the invention's utilization by the public; (v) The grant of such license will tend substantially to lessen competition or result in undue concentration in any section of the country in any line of commerce to which the technology to be licensed relates, or to create or maintain other situations inconsistant with the antitrust laws; and (vi) The interest of the United States Government or industry in foreign commerce will be enhanced, if the license request is under a foreign patent, patent application, or other form of protection. (6) The signature of the individuals making the determinations. (b) A record of the determinations to grant or deny an exclusive or a partially exclusive license shall be maintained by the Patents Division. Before modifying or terminating a license, other than by mutual agreement, the Air Force shall furnish the licensee and any sublicensee of record a written notice of intention to modify or terminate the license, and the licensee and any sublicensee shall be allowed 30 days after such notice to remedy any breach of the license or show cause why the license should not be modified or terminated. A party whose application for a license has been denied, a licensee whose license has been modified or terminated, in whole or in part, or a party who timely filed a written objection in response to the notice required in §841.8 and §841.10 and who can demonstrate to the satisfaction of the Air Force that such party may be damaged by the agency action, may appeal to The Judge Advocate General, any decision or determination concerning the grant, denial, interpretation, modification, or termination of a license. The appeal must be in writing and submitted within 60 days from the date the decision or determination was mailed to the party.
Title 32: National Defense
PART 841—LICENSING GOVERNMENT-OWNED INVENTIONS IN THE CUSTODY OF THE DEPARTMENT OF THE AIR FORCE
Subpart C—Licensing Procedures
§ 841.11 Publication requirements.
§ 841.12 Request for a license.
§ 841.13 Contents of a license application.
§ 841.14 Published notices.
§ 841.15 Determination to grant or deny exclusive or partially exclusive licenses.
§ 841.16 Modification and termination.
§ 841.17 Appeals.
