[Federal Register Volume 70, Number 152 (Tuesday, August 9, 2005)]
[Rules and Regulations]
[Pages 46079-46080]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-15665]


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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

14 CFR Part 1260

RIN 2700-AD14


NASA Grant and Cooperative Agreement Handbook--Intellectual 
Property Required Reports and Publications

AGENCY: National Aeronautics and Space Administration (NASA).

ACTION: Final rule.

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SUMMARY: This final rule amends the NASA Grant and Cooperative 
Agreement Handbook (Handbook) to clarify intellectual property 
provisions. Provision Sec.  1260.28, ``Patent rights'' is amended to 
refer to NASA contractors as ``Contractors'' and not ``Recipients''. 
Provision Sec.  1260.30, ``Rights in data'' is amended to clarify the 
definition of the word ``data''. Provision Sec.  1260.75, ``Summary of 
report requirements'', is amended to correct the cross-references to 
the intellectual property provisions of the Handbook. These changes are 
administrative in nature. No change is being made to the actual 
reporting requirements.

DATES: Effective August 9, 2005.


FOR FURTHER INFORMATION CONTACT: Monique Sullivan, NASA Headquarters, 
Code HK, Washington, DC, (703-553-2560) e-mail: monique.sullivan-
1@nasa.gov.

SUPPLEMENTARY INFORMATION:

A. Background

    This final rule amends the NASA Grant and Cooperative Agreement 
Handbook (Handbook) to make three clarifications to intellectual 
property provisions: (1) Provision Sec.  1260.28, ``Patent rights'' 
currently refers to NASA Contractors as ``Recipients''. This final rule 
amends Sec.  1260.28 to refer to NASA contractors as ``Contractors'' 
and not ``Recipients''; (2) Paragraph (a)(1) of Provision Sec.  
1260.30, ``Rights in data'' is amended to correct previous revisions of 
the definition of the word ``data'' to include copyrightable work in 
which the recipient asserts copyright, or for which copyright ownership 
was purchased. The words ``created under the grant or cooperative 
agreement'' are added to the Provision for clarification; and (3) 
Intellectual Property provisions are reflected in Provisions Sec.  
1260.28, Sec.  1260.30, Sec.  1260.50, Sec.  1260.57, and Sec.  1260.59 
of the Handbook. Provision Sec.  1260.75 of the Handbook summarizes the 
reporting responsibilities of the recipient as are stated in the 
intellectual property provisions. This final rule amends Sec.  1260.75 
to correct the cross-references between the intellectual property 
provisions and the reporting requirements of Sec.  1260.75.
    This is not a significant regulatory action and, therefore, was not 
subject to review under section 6(b) of Executive Order 12866, 
Regulatory Planning and Review, dated September 30, 1993. This final 
rule is not a major rule under 5 U.S.C. 804.

B. Regulatory Flexibility Act

    NASA certifies that this final rule will not have a significant 
economic impact on a substantial number of small entities within the 
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., 
because the changes are for clarification only and do not impose 
additional requirements.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because this final rule 
does not impose any new recordkeeping or information collection 
requirements, or collection of information from offerors, contractors, 
or members of the public that require the approval of the Office of 
Management and Budget under 44 U.S.C. 3501, et seq.

List of Subjects in 14 CFR Part 1260

    Grant programs, science and technology.

Tom Luedtke,
Assistant Administrator for Procurement.

0
Accordingly, 14 CFR part 1260 is amended as follows:

PART 1260--GRANTS AND COOPERATIVE AGREEMENTS

0
1. The authority citation for 14 CFR 1260 continues to read as follows:

    Authority: 42 U.S.C. 2473(c)(1), Pub. L. 97-258, 96 Stat. 1003 
(31 U.S.C. 6301, et seq.)

0
2. Amend Sec.  1260.28 by revising the date of the provision to read 
``August 2005'', and revising paragraph (h) to read as follows:


Sec.  1260.28  Patent rights.

* * * * *
    (h) In the event NASA contractors are tasked to perform work in 
support of specified activities under a cooperative agreement and 
inventions are made by Contractor employees, the Contractor will 
normally retain title to its employee inventions in accordance with 35 
U.S.C. 202, 14 CFR Part 1245, and Executive Order 12591. In the event 
the Contractor decides not to pursue rights to title in any such 
invention and NASA obtains title to such inventions, NASA will use 
reasonable efforts to report such inventions and, upon timely request, 
will use reasonable efforts to grant the Recipient an exclusive, or 
partially exclusive, revocable, royalty-bearing license, subject to the 
retention of a royalty-free right of the Government to practice or have 
practiced the invention by or on behalf of the Government.

0
3. Amend Sec.  1260.30 by revising the date of the provision to read 
``August 2005'', and revising paragraph (a)(1) to read as follows:


Sec.  1260.30  Rights in data.

* * * * *
    (a) Fully Funded Efforts.
    (1) ``Data'' means recorded information, regardless of form, the 
media on which it may be recorded, or the method of recording, created 
under the grant or cooperative agreement. The term includes, but is not 
limited to, data of a scientific or technical nature, and any 
copyrightable work, including computer software and documentation 
thereof, in which the recipient asserts copyright, or for which 
copyright ownership was purchased, under the grant or cooperative 
agreement.
* * * * *

0
4. Amend Sec.  1260.75 by--
0
(a) Removing paragraphs (b)(5) and (b)(11);
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(b) Redesignating paragraphs (b)(6) through (b)(12) as (b)(5) through 
(b)(10);
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(c) Revising the newly designated paragraphs (b)(5) through (b)(10); 
and
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(d) Revising paragraph (c)(1).
    The revised paragraphs are to read as follows:


Sec.  1260.75  Summary of report requirements.

* * * * *
    (b) * * *
    (5) A Disclosure of Subject Invention or a Disclosure of Reportable 
Item is required, as applicable, in accordance with Sec.  1260.28 for 
all grants and

[[Page 46080]]

cooperative agreements (except Education and Training Grants) with 
educational institutions, nonprofit organizations and small businesses, 
and Sec.  1260.57 for all grants and cooperative agreements (except 
Education and Training Grants) with large businesses, respectively. The 
reporting of a subject invention under Sec.  1260.28 shall be made 
within two months after the inventor discloses it to the recipient. The 
reporting of a reportable item under Sec.  1260.57 shall be made within 
two months after the inventor discloses it to the recipient or, if 
earlier, within six months after the recipient becomes aware that a 
reportable item has been made. Disclosures of subject inventions and 
reportable items will be reported using either the electronic or paper 
version of NASA Form 1679, ``Disclosure of Invention and New Technology 
(Including Software)''. Electronic disclosures may be submitted at the 
electronic New Technology Reporting web site (eNTRe) at: http://
invention.nasa.gov.
    (6) An Election of Title to a Subject Invention is required for all 
grants and cooperative agreements (except Education and Training 
Grants), as applicable, in accordance with Sec.  1260.28. The notice is 
due within two years of disclosure of a subject invention being 
elected, except in any case where publication, on sale or public use of 
the subject invention being elected has initiated the one year 
statutory period wherein valid patent protection can still be obtained 
in the United Stated, notice is due at least 60 days prior to the end 
of the statutory period.
    (7) An Interim Summary Report listing all subject inventions or 
reportable items required to be disclosed during the preceding year is 
required for all grants and cooperative agreements (except Education 
and Training Grants), in accordance with Sec.  1260.28 or Sec.  
1260.57, respectively. The listing is due annually. Interim Summary 
Reports may be submitted electronically on the electronic New 
Technology Reporting web site (eNTRe) at: http://invention.nasa.gov.
    (8) A Notification of Decision to Forego Patent Protection is 
required for all grants and cooperative agreements (except Education 
and Training Grants), as applicable, in accordance with Sec.  1260.28. 
The notification is due not less than thirty days before the expiration 
of the response period required by the relevant patent office.
    (9) A Utilization of Subject Invention Report is required for all 
grants and cooperative agreements (except Education and Training 
Grants) where the recipient has elected title to a subject invention in 
accordance with Sec.  1260.28. The report is due annually from the 
election date.
    (10) An Annual NASA Form 1018, NASA Property in the Custody of 
Contractors, is required for all grants and cooperative agreements with 
commercial organizations. The reports are due October 31st of each 
year. Negative reports (i.e. no reportable property) are required.
    (c) * * *
    (1) A Final Summary Report listing all subject inventions or 
reportable items, or certifying that there are none, is required for 
all grants and cooperative agreements (except Education and Training 
Grants), in accordance with Sec.  1260.28 or Sec.  1260.57, 
respectively. The report is due within 90 days after the expiration of 
the grant or cooperative agreement. The Final Summary Report may be 
submitted electronically on the electronic New Technology Reporting web 
site (eNTRe) at: http://invention.nasa.gov.
* * * * *

[FR Doc. 05-15665 Filed 8-8-05; 8:45 am]
BILLING CODE 7510-01-P