NASA 1852.227-71 Requests for Waiver of Rights to Inventions. Basic (APR 2015)

As prescribed in 1827.303(d)(2), the contracting officer shall insert the provision at 1852.227-71, Requests for Waiver of Rights to Inventions, in all solicitations that include the clause at 1852.227-70, New Technology-Other than a Small Business Firm or Nonprofit Organization (see paragraph (d)(1) of this section).

REQUESTS FOR WAIVER OF RIGHTS TO INVENTIONS (APR 2015)

(a) In accordance with Section 20135(g) of the National Aeronautics and Space Act (51 U.S.C. 20135(g)) (hereinafter "the Act") and the NASA Patent Waiver Regulations, 14 CFR Part 1245, Subpart 1, NASA may waive all or any part of the rights of the United States with respect to any invention or class of inventions made or that may be made under a NASA contract or subcontract with other than a small business firm or a domestic nonprofit organization if the Administrator determines that the interests of the United States will be served thereby. Waiver of rights in inventions made or that may be made under such NASA contract or subcontract may be requested at different time periods. Advance waiver of rights to any invention or class of inventions that may be made under a contract or subcontract may be requested prior to the execution of the contract or subcontract, or within 30 days after execution by the selected contractor (or such longer period as may be specified by the Contracting Officer). In addition, waiver of rights to an individually identified invention or to a class of inventions made and reported under a contract or subcontract may be requested, even though a request for an advance waiver was not made or, if made, was not granted.

(b) Each request for waiver of rights shall be by petition to the Administrator. No specific forms need be used, but the request should contain a positive statement that waiver of rights is being requested under the NASA Patent Waiver Regulations; a clear indication of whether the request is for an advance waiver or for a waiver of rights for an individually identified invention or class of inventions; whether foreign rights are also requested and, if so, the countries, and a citation of the specific section or sections of the regulations under which such rights are requested. For individually identified inventions or a class of inventions, the petition shall identify each invention with particularity (e.g., by NASA’s assigned number to the Disclosure of Invention and New Technology report or by title and inventorship). For advance waivers, the petition shall identify the invention or class of inventions that the Contractor believes will be made under the contract and for which waiver is being requested. To meet the statutory standard of “any invention or class of inventions,” the petition must be directed to a single invention or to inventions directed to a particular process, machine, manufacture, or composition of matter, or to a narrowly-drawn, focused area of technology. Additionally, each petition shall include an identification of the petitioner; place of business and address; if petitioner is represented by counsel, the name, address and telephone number of the counsel; the name, address, and telephone number of the party with whom to communicate when the request is acted upon; the signature of the petitioner or authorized representative; and the date of signature. In general, waivers are granted in order to provide for the widest practicable dissemination of new technology resulting from NASA programs, and to promote early utilization, expeditious development, and continued availability of this new technology for commercial purposes and the public benefit. Thus, it is preferable that the petition also include a description of the Contractor’s plan for commercializing the invention or class of inventions for which waiver is being requested (e.g., identify specific fields of use).

(c) Petitions for advance waiver of rights should, preferably, be included with the proposal, or at least in advance of contract negotiations. Petitions for advance waiver, prior to contract execution, shall be submitted to the Contracting Officer. All other petitions shall be submitted to the Patent Representative designated in the contract.

(d) Petitions submitted with proposals selected for negotiation of a contract will be forwarded by the Contracting Officer to the installation Patent Counsel for processing and then to the Inventions and Contributions Board. The Board will consider these petitions and where the Board makes the findings to support the waiver, the Board will recommend to the Administrator that waiver be granted, and will notify the petitioner and the Contracting Officer of the Administrator's determination. The Contracting Officer will be informed by the Board whenever there is insufficient time or information or other reasons to permit a decision to be made without unduly delaying the execution of the contract. In the latter event, the petitioner will be so notified by the Contracting Officer. All other petitions will be processed by installation Patent Counsel and forwarded to the Board. The Board shall notify the petitioner of its action and if waiver is granted, the conditions, reservations, and obligations thereof will be included in the Instrument of Waiver. Whenever the Board notifies a petitioner of a recommendation adverse to, or different from, the waiver requested, the petitioner may request reconsideration under procedures set forth in the Regulations.

(End of provision)
 

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Contracts ✖ 
⚠ =1852.227-70 Basic

52.227-1 Authorization and Consent.

52.227-10 Filing of Patent Applications—Classified Subject Matter.

52.227-11 Patent Rights—Ownership by the Contractor.

52.227-13 Patent Rights—Ownership by the Government.

52.227-14 Rights in Data—General.

52.227-15 Representation of Limited Rights Data and Restricted Computer Software.

52.227-16 Additional Data Requirements.

52.227-17 Rights in Data—Special Works.

52.227-19 Commercial Computer Software License.

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement.

52.227-20 Rights in Data—SBIR Program.

52.227-21 Technical Data Declaration, Revision, and Withholding of Payment—Major Systems.

52.227-22 Major System—Minimum Rights.

52.227-23 Rights to Proposal Data (Technical).

52.227-3 Patent Indemnity.

52.227-4 Patent Indemnity—Construction Contracts.

52.227-6 Royalty Information.

52.227-7 Patents—Notice of Government Licensee.

52.227-9 Refund of Royalties.

252.217-7026 Identification of Sources of Supply.

252.227-7000 Non-Estoppel.

252.227-7001 Release of Past Infringement.

252.227-7002 Readjustment of Payments.

252.227-7003 Termination.

252.227-7004 License Grant.

252.227-7005 License Term.

252.227-7006 License Grant---Running Royalty.

252.227-7007 License Term--Running Royalty.

252.227-7008 Computation of Royalties.

252.227-7009 Reporting and Payment of Royalties.

252.227-7010 License to Other Government Agencies.

252.227-7011 Assignments.

252.227-7013 Rights in Technical Data--Noncommercial Items.

252.227-7014 Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation.

252.227-7015 Technical Data–Commercial Items.

252.227-7016 Rights in Bid or Proposal Information.

252.227-7017 Identification and Assertion of Use, Release, or Disclosure Restrictions.

252.227-7018 Rights in Noncommercial Technical Data and Computer Software--Small Business Innovation Research (SBIR) Program.

252.227-7019 Validation of Asserted Restrictions--Computer Software.

252.227-7020 Rights in Special Works.

252.227-7021 Rights in Data--Existing Works.

252.227-7022 Government Rights (Unlimited).

252.227-7023 Drawings and Other Data to Become Property of Government.

252.227-7024 Notice and Approval of Restricted Designs.

252.227-7025 Limitations on the Use or Disclosure of Government-Furnished Information Marked with Restrictive Legends.

252.227-7026 Deferred Delivery of Technical Data or Computer Software.

252.227-7027 Deferred Ordering of Technical Data or Computer Software.

252.227-7028 Technical Data or Computer Software Previously Delivered to the Government.

252.227-7032 Rights in Technical Data and Computer Software (Foreign).

252.227-7037 Validation of Restrictive Markings on Technical Data.

252.227-7038 Patent Rights—Ownership by the Contractor (Large Business).

252.227-7039 Patents--Reporting of Subject Inventions.

252.246-7001 Warranty of Data.

1852.227-11 Patent Rights--Retention by the Contractor (Short Form).

1852.227-14 Rights in Data--General.

1852.227-19 Commercial Computer Software--Restricted Rights.

1852.227-70 New Technology-Other than a Small Business Firm or Nonprofit Organization.

1852.227-72 Designation of New Technology Representative and Patent Representative.

1852.227-84 Patent Rights Clauses.

1852.227-85 Invention Reporting and Rights--Foreign.

1852.227-86 Commercial Computer Software--Licensing.

1852.227-88 Government-furnished computer software and related technical data.

5252.246-9514 INSPECTION AND ACCEPTANCE OF TECHNICAL DATA AND INFORMATION (NAVAIR)(FEB 1995)

5252.247-9505 TECHNICAL DATA AND INFORMATION (NAVAIR)(FEB 1995)

5252.227-9512 TRADEMARK MANUFACTURE/USE LICENSE AGREEMENT (NAVAIR)

5252.227-9501 Invention Disclosures and Reports (NAVAIR) (May 1998)

5252.227-9511 Disclosure, Use and Protection of Proprietary Information (NAVAIR) (Feb 2009)

5252.227-9216 Pre-award Identification and Assertion of Restrictions on Technical Data Pertaining to a Commercial Item and Commercial Computer Software

552.227-70 Government Rights (Unlimited).

552.227-71 Drawings and Other Data to Become Property of Government.

752.227-14 Rights in Data—general.

752.227-70 Patent reporting procedures.

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