[Code of Federal Regulations]
[Title 32, Volume 6, Parts 800 to end]
[Revised as of July 1, 1998]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR841.10]

[Page 74]
 
                        TITLE 32-NATIONAL DEFENSE
 
                CHAPTER VII--DEPARTMENT OF THE AIR FORCE
 
PART 841--LICENSING GOVERNMENT-OWNED INVENTIONS IN THE CUSTODY OF THE DEPARTMENT OF THE AIR FORCE--Table of Contents
 
   Subpart B--Restrictions and Conditions for Licensing and Types of 
                                Licenses
 
Sec. 841.10  Foreign licenses.

    (a) Exclusive or partially exclusive licenses may be granted on an 
Air Force invention covered by a foreign patent, patent application, or 
other form of protection, provided that:
    (1) Notice of a prospective license identifying the invention and 
prospective licensee has been published in the Federal Register, 
providing opportunity for filing written objections within a 60-day 
period and following consideration of such objections;
    (2) The Air Force has considered whether the interests of the 
Federal Government or United States industry in foreign commerce will be 
enhanced; and
    (3) The Air Force has not determined that the grant of such license 
will tend substantially to lessen competition or result in undue 
concentration in any section of the United States in any line of 
commerce to which the technology to be licensed relates, or to create or 
maintain other situations inconsistent with antitrust laws.
    (b) In addition to the provisions of Sec. 841.6, the following terms 
and conditions apply to foreign exclusive and partially exclusive 
licenses:
    (1) The license shall be subject to the irrevocable, royalty-free 
right of the United States Government to practice and have practiced the 
invention on behalf of any foreign government or international 
organization pursuant to any existing or future treaty or agreement with 
the United States.
    (2) The license shall be subject to any licenses in force at the 
time of the grant of the exclusive license.
    (3) The license may grant the licensee the right to take any 
suitable and necessary action to protect the licensed property on behalf 
of the United States Government.