[Federal Register Volume 69, Number 236 (Thursday, December 9, 2004)]
[Proposed Rules]
[Pages 71395-71396]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27034]


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NATIONAL SCIENCE FOUNDATION

45 CFR Part 650

RIN 3145-AA44


Minor Amendments To Rule on Inventions and Patents Resulting From 
Grants, Cooperative Agreements, and Contracts

AGENCY: National Science Foundation.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This action would amend the NSF Patents regulation to require 
grantees to use an electronic reporting and management system for 
inventions made with NSF assistance.

DATES: Comments must reach the NSF Patent Assistant on or before 
February 7, 2005.

ADDRESSES: All comments should be addressed to: NSF Patent Assistant at 
<a href="/cdn-cgi/l/email-protection#4f3f2e3b2a213b3c0f213c2961282039"><span class="__cf_email__" data-cfemail="12627366777c6661527c61743c757d64">[email protected]</span></a> or at Office of the General Counsel, National Science 
Foundation 4201 Wilson Boulevard, Arlington, VA 22230.

FOR FURTHER INFORMATION CONTACT: Robin Clay Fritsch, NSF Patent 
Assistant, at <a href="/cdn-cgi/l/email-protection#44342530212a3037042a37226a232b32"><span class="__cf_email__" data-cfemail="4e3e2f3a2b203a3d0e203d2860292138">[email protected]</span></a> or on (703) 292-8060 (voice) or (703) 
292-9041 (facsimile).

SUPPLEMENTARY INFORMATION: This amendment would revise the current NSF 
patent regulation published as part 650 of title 45 of the Code of 
Federal Regulations to require NSF awardees to use the Edison Invention 
Information Management System maintained by the National Institutes of 
Health to handle NSF-assisted inventions. This is consistent with the 
Foundation's requirement that all proposals seeking NSF financial 
assistance and all reports on NSF-assisted projects be submitted 
electronically.
    Submit electronic comments as an ASCII file avoiding the use of 
special characters and any form of encryption. Identify all comments 
sent electronically with subject line: Comments to Proposed Rulemaking.

Determinations

Regulatory Evaluation

    This proposed rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
and does not require an assessment of potential costs and benefits 
under section 6(a)(3) of that Order. The Office of Management and 
Budget has not reviewed it under that Order.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), I have 
considered whether this proposed rule would have a significant economic 
impact on a substantial number of small entities. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. I certify under 5 U.S.C. 605(b) that this proposed rule would 
not have a significant economic impact on a substantial number of small 
entities. This rule would possibly affect the following entities, some 
of which may be small entities: NSF grantees, including those funded 
under our Small Business Innovation Research and Small Business 
Technology Transfer Programs, and recipients of subcontracts under NSF 
grants.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (5 U.S.C. 601 note), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact Robin Clay Fritsch, NSF Patent 
Assistant, on (703) 292-8060 (voice), (703) 292-9041 (facsimile), or 
<a href="/cdn-cgi/l/email-protection#5828392c3d362c2b18362b3e763f372e"><span class="__cf_email__" data-cfemail="0c7c6d786962787f4c627f6a226b637a">[email protected]</span></a>.

Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. I have analyzed this proposed rule 
under that Order and have determined that it does not have implications 
for federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. This proposed rule would not result in such an expenditure.

Taking of Private Property

    This proposed rule would not effect a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    I have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effective 
on one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.

Energy Effects

    I have analyzed this proposed rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use, and determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action''

[[Page 71396]]

under Executive Order 12866 and is not likely to have a significant 
adverse effect on the supply, distribution, or use of energy. The 
Administrator of the Office of Information and Regulatory Affairs has 
not designed it as a significant energy action. Therefore, it does not 
require a Statement of Energy Effects under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

List of Subjects in 45 CFR Part 650

    Government procurement, Grant programs--science and technology, 
Inventions and patents, Nonprofit organizations, Small businesses.

Lawrence Rudolph,
General Counsel.
    Accordingly, Title 45 of the Code of Federal Regulations part 650 
is proposed to be amended as follows:

PART 650--PATENTS

    1. The authority citation for Part 650 continues to read as 
follows:

    Authority: 35 U.S.C. 200-212; 42 U.S.C. 1870(e) and 1871; and 
the Presidential Memorandum entitled ``Government Patent Policy'', 
issued February 18, 1983.


Sec.  650.4  [Amended]

    2. The Patent Rights clause set forth in Sec.  650.4(a) is amended:
    A. By removing ``SEPTEMBER, 1997'' in its heading and adding in its 
place, ``FEBRUARY, 2005''.
    B. By removing the words ``shall be in the form of a written 
report'' in paragraph (c)(1) and adding in its place, ``will be 
submitted via the iEdison Invention Information Management System 
maintained by the National Institutes of Health'';
    C. By removing the words ``forward to NSF'' in paragraph (f)(5) and 
adding in its place, ``submit electronically to NSF via the iEdison 
Invention Information Management System maintained by the National 
Institutes of Health''; and
    D. By revising paragraph (l) to read:
    (l) Communications. All communications required by this Patents 
Rights clause must be submitted through the iEdison Invention 
Information Management System maintained by the National Institutes of 
Health unless prior permission for another form of submission is 
obtained from the Patent Assistant at <a href="/cdn-cgi/l/email-protection#aadacbdecfc4ded9eac4d9cc84cdc5dc"><span class="__cf_email__" data-cfemail="46362732232832350628352068212930">[email protected]</span></a> or at Office of 
the General Counsel, National Science Foundation, 4201 Wilson 
Boulevard, Arlington, VA 22230.
    3. Section 650.19 is revised to read:


Sec.  650.19  Electronic invention handling.

    (a) Grantees must use the iEdison Invention Information Management 
System maintained by the National Institutes of Health to disclose NSF 
subject inventions. Detailed instructions for use of that system are 
provided at https://s-edison.info.nih.gov/iEdison/ and should be 
followed for NSF subject inventions except that:
    (1) All communications required must be provided electronically as 
a PDF or TIFF file through iEdison unless prior permission for another 
form of submission is obtained from the Patent Assistant.
    (2) NSF does not require either an Annual Utilization Report or a 
Final Invention Statement and Certification.
    (b) Questions on use of iEdison and requests for persmission to 
submit material in other forms may be sent to the NSF Patent Assistant 
at <a href="/cdn-cgi/l/email-protection#33435247565d4740735d40551d545c45"><span class="__cf_email__" data-cfemail="72021306171c0601321c01145c151d04">[email protected]</span></a> or at Office of the General Counsel, National 
Science Foundation, 4201 Wilson Boulevard, Arlington, VA 22230.

[FR Doc. 04-27034 Filed 12-8-04; 8:45 am]
BILLING CODE 7555-01-P


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