[Code of Federal Regulations]
[Title 14, Volume 5]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR1245.501]

[Page 212-213]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
                          SPACE ADMINISTRATION
 
PART 1245_PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS--
Table of Contents
 
Subpart 5_Authority and Delegations To Take Certain Actions Relating to 
             Patents and Other Intellectual Property Rights
 
Sec. 1245.501  General Counsel.

    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;

[[Page 213]]

    (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 Federal Register notice 
material required by the patent licensing regulations and to otherwise 
grant licenses on any invention in which the Administrator has reserved 
the right to grant licenses; and
    (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).