37 CFR 501.7 – Agency determination
(a) If the agency determines that the Government is entitled to obtain title pursuant to § 501.6(a)(1) and the employee does not appeal, no further review is required.
Terms Used In 37 CFR 501.7
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
(b) In the event that a Government agency determines, pursuant to paragraph (a)(2) or (a)(4) of § 501.6, that title to an invention will be left with the employee, the agency shall notify the employee of this determination. In cases pursuant to § 501.6(a)(2) where the Government’s insufficient interest in the invention is evidenced by its decision not to file a patent application, the agency may impose on the employee any one or all of the following conditions or any other conditions that may be necessary in a particular case:
(1) That a patent application be filed in the United States and/or abroad, if the Government has determined that it has or may need to practice the invention;
(2) That the invention not be assigned to any foreign-owned or controlled corporation without the written permission of the agency; and
(3) That any assignment or license of rights to use or sell the invention in the United States shall contain a requirement that any products embodying the invention or produced through the use of the invention be substantially manufactured in the United States. The agency shall notify the employee of any conditions imposed.
(c) In the case of a determination under either paragraph (a) or (b) of this section, the agency shall promptly provide the employee with:
(1) A signed and dated statement of its determination and reasons therefor; and
(2) A copy of 37 CFR part 501.