[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: 32CFR841.15]

[Page 75-76]
 
                        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 C--Licensing Procedures
 
Sec. 841.15  Determination to grant or deny exclusive or partially exclusive licenses.

    (a) After the notice is published in the Federal Register that a 
prospective exclusive or partially exclusive licensee has been selected 
and the 60 days for filing written objections has expired, a decision 
will be made whether to grant or deny the license considering all 
arguments and evidence of record. A memorandum of the decision will be 
prepared and shall include:
    (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

[[Page 76]]

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.