14686 Federal Register / Vol. 77, No. 49 / Tuesday, March 13, 2012 / Rules and Regulations 

Issued in Kansas City, Missouri, on 

February 21, 2012. 

Earl Lawrence, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. 2012–5864 Filed 3–12–12; 8:45 am] 

BILLING CODE 4910–13–P 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

14 CFR Part 1245 

[Notice: (12–022)] 

RIN 2700–AD63 

Claims for Patent and Copyright 

Infringement 

AGENCY: National Aeronautics and 

Space Administration. 

ACTION: Final rule. 

SUMMARY: The following are National 

Aeronautics and Space Administration 

(NASA) regulations relating to 

requirements for the filing of claims 

against NASA where a potential 

claimant believes NASA is infringing 

privately owned rights in patented 

inventions or copyrighted works. The 

requirements for filing an administrative 

claim are important since the filing of a 

claim carries with it certain rights 

relating to the applicable statute of 

limitations for filing suit against the 

Government. The regulations set forth 

guidelines as to what NASA considers 

necessary to file a claim for patent or 

copyright infringement, and they also 

provide for written notification to the 

claimant upon completion of an 

investigation by NASA. 

DATES: This rule is effective on March 

13, 2012. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Helen M. Galus, National Aeronautics 

and Space Administration, Office of the 

General Counsel, Washington, DC 

20546–0001. Telephone 202–358–3437. 

SUPPLEMENTARY INFORMATION: On July 

26, 2011, the Administrator published a 

notice of proposed rulemaking (NPRM) 

for patent and copyright infringement 

claims in the Federal Register (76 FR 

44504). No public comments were 

received. Accordingly, NASA is issuing 

this rule with minor edits and only one 

change to reduce burden on 

respondents, namely, § 1245.202(b)(6), 

was amended to delete the request for 

a brief summary of any defenses or 

counterclaims made and positions 

maintained by opposing parties 

regarding noninfringement of patent(s), 

in prior initiated litigation. 

The National Aeronautics and Space 

Act (51 U.S.C. 20113) authorizes the 

Administrator of NASA to settle 

administrative claims of patent and 

copyright infringement by NASA. In 

addition to that authority to acquire 

license rights and interests in patents 

and copyrights through settlement of 

claims, the Administrator has authority 

to settle claims of patent and copyright 

infringement pursuant to 22 U.S.C. 

2356, 35 U.S.C. 183 and 286, and 28 

U.S.C. 1498(b). 

In accordance with these authorities, 

NASA is issuing regulations setting 

forth requirements for the filing of 

claims against NASA where a potential 

claimant believes NASA is infringing 

privately owned rights in patented 

inventions or copyrighted works. The 

regulations are designed to inform 

potential claimants as to what 

information must be supplied in their 

communication to NASA regarding 

alleged infringement before NASA will 

consider a claim to have been filed. The 

regulations identify certain commonly 

received communications which are 

concerned with rights in patents and 

copyrights, but which will not be 

considered sufficient to constitute the 

formal filing of a claim. 

The requirements for filing an 

administrative claim are important since 

the filing of a claim carries with it 

certain rights relating to the applicable 

statute of limitations for filing suit 

against the Government. In the case of 

patent infringement claims, Title 35 

U.S.C. 286 provides that the six-year 

statute of limitations for filing suits for 

patent infringement may, in the case of 

claims against the Government, be 

tolled up to six years between the date 

of receipt of a written claim for 

compensation by the Government and 

the date of mailing by the Government 

of a notice that the claim has been 

denied. Copyright infringement claims 

can be tolled indefinitely under 28 

U.S.C. 1498(b) between the date of 

receipt of a written claim for 

compensation by the Government and 

the date of mailing by the Government 

of a notice that the claim has been 

denied. The regulations set forth 

guidelines as to what NASA considers 

necessary to file a claim for patent or 

copyright infringement. 

Section 1245.202(a) provides that in 

order for a potential claimant’s 

communication to NASA to formally 

instigate a claim, it must specifically 

allege infringement by NASA, request 

compensation, identify a patent or 

copyright alleged to be infringed, and 

indicate an act or item which the 

potential claimant believes infringes the 

claimant’s patent or copyright. Section 

1245.203(a) advises the potential 

claimant where to forward 

communications regarding the alleged 

infringement. Section 1245.202(b) of the 

regulation identifies information which, 

although not necessary in order for a 

communication to be considered 

sufficient to constitute the filing of a 

claim, is usually necessary to process a 

claim and, therefore, if presented 

initially with the claim, may serve to 

expedite the handling of the claim. The 

regulations provide for written 

notification to the claimant upon 

completion of an investigation by 

NASA. 

The revisions to this rule are part of 

NASA’s retrospective plan under E.O. 

13563 completed in August 2011. 

NASA’s full plan can be accessed at: 

http://www.nasa.gov/pdf/581545main

_Final%20Plan%20for%20

Retrospective%20Analysis%20of%20

Existing%20Regulations.pdf. 

Regulatory Analysis Section 

Paperwork Reduction Act Statement 

This rule does not contain an 

information collection requirement 

subject to the Paperwork Reduction Act 

of 1995 (44 U.S.C. 3501 et seq.). 

Executive Order 12866 and Executive 

Order 13563 

Executive Orders 13563 and 12866 

direct agencies to assess all costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, of 

reducing costs, of harmonizing rules, 

and of promoting flexibility. This rule 

has been designated a ‘‘significant 

regulatory action’’ although not 

economically significant, under section 

3(f) of Executive Order 12866. 

Accordingly, the rule has been reviewed 

by the Office of Management and 

Budget. 

Regulatory Flexibility Act 

It has been certified that this rule is 

not subject to the Regulatory Flexibility 

Act (5 U.S.C. 601) because it would not, 

if promulgated, have a significant 

economic impact on a substantial 

number of small entities. The rule sets 

forth policies and procedures for the 

filing and disposition of claims of 

infringement of privately owned rights 

in patented inventions or copyrighted 

works asserted against NASA. These 

policies and procedures would not have 

a significant economic impact on a 


srobinson on DSK4SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 49 / Tuesday, March 13, 2012 / Rules and Regulations 14687 

substantial number of small entities as 

NASA typically has less than 10 of such 

claims asserted against it annually. 

List of Subjects in 14 CFR Part 1245 

Claims, Inventions, Patent and 

copyright infringement. 

For the reasons stated in the 

preamble, NASA amends 14 CFR part 

1245, by adding Subpart 2 to read as 

follows: 

PART 1245—PATENTS AND OTHER 

INTELLECTUAL PROPERTY RIGHTS 

Subpart 2—Claims for Patent and Copyright 

Infringement 

Sec. 

1245.200 Purpose. 

1245.201 Objectives. 

1245.202 Contents of communication 

initiating claim. 

1245.203 Incomplete notice of 

infringement. 

1245.204 Indirect notice of infringement. 

1245.205 Processing of administrative 

claims. 

Subpart 2—Claims for Patent and 

Copyright Infringement 

Authority: 51 U.S.C. 20112–20113; 22 

U.S.C. 2356; 35 U.S.C. 181–188 and 286; and 

28 U.S.C. 1498. 

§ 1245.200 Purpose. 

The purpose of this subpart is to set 

forth policies and procedures for the 

filing and disposition of claims of 

infringement of privately owned rights 

in patented inventions or copyrighted 

works asserted against NASA. 

§ 1245.201 Objectives. 

Whenever a claim of infringement of 

privately owned rights in patented 

inventions or copyrighted works is 

asserted against NASA, all necessary 

steps shall be taken to investigate and to 

administratively settle, deny, or 

otherwise dispose of such claim prior to 

suit against the United States. The 

General Counsel, or designee, is 

authorized to investigate, settle, deny, or 

otherwise dispose of all claims of patent 

and copyright infringement, pursuant to 

the above-cited statutory authority. 

§ 1245.202 Contents of communication 

initiating claim. 

(a) Requirements for claim. A patent 

or copyright infringement claim for 

compensation, asserted against the 

United States as represented by NASA 

under any of the applicable statutes 

cited above, must be actually 

communicated to and received by an 

organization, office, or within a NASA 

Center. Claims must be in writing and 

must include the following: 

(1) An allegation of infringement. 

(2) A request for compensation, either 

expressed or implied. 

(3) A citation to the patent(s) or 

copyright(s) alleged to be infringed. 

(4) In the case of a patent 

infringement claim, a sufficient 

designation to permit identification of 

the accused subject matter (e.g. article(s) 

or process(es)) alleged to infringe the 

patent(s), giving the commercial 

designation, if known to the claimant, 

or, in the case of a copyright 

infringement claim, the accused subject 

matter (e.g. act(s) or work(s)) alleged to 

infringe the copyright. 

(5) In the case of a patent 

infringement claim, a designation of at 

least one claim of each patent alleged to 

be infringed or, in the case of a 

copyright infringement claim, a copy of 

each work alleged to be infringed. 

(6) As an alternative to paragraphs 

(a)(4) and (5) of this section, 

certification that the claimant has made 

a bona fide attempt to determine the 

accused subject matter, which is alleged 

to infringe the patent(s), or the accused 

subject matter alleged to infringe the 

copyright(s), but was unable to do so, 

giving reasons and stating a reasonable 

basis for the claimant’s belief that the 

patent(s) or copyright(s) is being 

infringed. 

(b) Additional information for patent 

infringement claims. In addition to the 

information listed in paragraph (a) of 

this section, the following material and 

information generally are necessary in 

the course of processing a claim of 

patent infringement. Claimants are 

encouraged to furnish this information 

at the time of filing a claim to permit 

rapid processing and resolution of the 

claim. 

(1) A copy of the asserted patent(s) 

and identification of all claims of the 

patent(s) alleged to be infringed. 

(2) Identification of all procurements 

known to the claimants that involve the 

accused item(s) or process(es), including 

the identity of the vendor(s) or 

contractor(s) and the Government 

acquisition activity or activities. 

(3) A detailed identification and 

description of the accused article(s) or 

process(es) used or acquired by the 

Government, particularly where the 

article(s) or process(es) relate to a 

component(s) or subcomponent(s) of an 

item acquired, and an element-byelement comparison of representative 

claim(s) with the accused article(s) or 

process(es). If available, the 

identification and description should 

include documentation and drawings to 

illustrate the accused article(s) or 

process(es) in sufficient detail to enable 

determining whether the claim(s) of the 

asserted patent(s) read on the accused 

article(s) or process(es). 

(4) Names and addresses of all past 

and present licensees under the 

patent(s) and copies of all license 

agreements and releases involving the 

patent(s). In addition, an identification 

of all assignees of the patent(s). 

(5) A list of all persons to whom 

notices of infringement have been sent, 

including all departments and agencies 

of the Government, and a statement of 

the status or ultimate disposition of 

each. 

(6) A brief description of all litigation 

involving the patent(s) which was 

initiated at any time prior to the claim 

being filed and their present status. This 

includes any defenses or counterclaims 

made and positions maintained by 

opposing parties regarding invalidity of 

the patent(s). 

(7) A description of Government 

employment or military service, if any, 

by the inventor(s) or patent owner(s) 

including a statement from the 

inventor(s) or patent owner(s) certifying 

whether the invention claimed in the 

patents was conceived or reduced to 

practice, in part or in whole, during 

Government employment and whether 

such inventor(s) or owner(s) occupied 

any position from which such 

inventor(s) or owner(s) was capable of 

ordering, influencing, or inducing use of 

the invention by the Government. 

(8) A list of all contract(s) between the 

Government and inventor(s), patent 

owner(s), or anyone in privity with the 

patent owner(s), under which work 

relating to the patented subject matter 

was performed. 

(9) Evidence of title to the asserted 

patent(s) or other right to make the 

claim. 

(10) A copy of the United States 

Patent and Trademark Office (USPTO) 

file history of each patent, if it is 

available to the claimant. Indicate 

whether the patent has been the subject 

of any interference proceedings, 

certification of correction request, 

reexamination, or reissue proceedings at 

the USPTO, or lapsed for failure to pay 

any maintenance fee. In addition, the 

status of all corresponding foreign 

patents and patent applications and full 

copies of the same. 

(11) Pertinent prior art known to the 

claimant not contained in the USPTO 

file, for example, publications and 

foreign prior art. In addition to the 

foregoing, if claimant can provide a 

statement that the investigation may be 

limited to the specifically identified 

accused article(s) or process(es) or to a 

specific acquisition (e.g. identified 

contract(s)), it may speed disposition of 

the claim. Claimants are also 


srobinson on DSK4SPTVN1PROD with RULES
14688 Federal Register / Vol. 77, No. 49 / Tuesday, March 13, 2012 / Rules and Regulations 

encouraged to provide information on 

any ancillary matters that may have a 

bearing on validity or infringement. 

(c) Denial for refusal to provide 

information. In the course of 

investigating a claim, it may become 

necessary for NASA to request 

information in the control and custody 

of the claimant that is relevant to the 

disposition of the claim. Failure of the 

claimant to respond to a request for 

such information shall be sufficient 

reason alone for denying a claim. 

§ 1245.203 Incomplete notice of 

infringement. 

(a) If a communication alleging patent 

infringement or copyright infringement 

is received that does not meet the 

requirements set forth in § 1245.202(a), 

the sender shall be advised in writing by 

the Agency Counsel for Intellectual 

Property: 

(1) That the claim for infringement 

has not been satisfactorily presented; 

and 

(2) Of the elements necessary to 

establish a claim. 

(b) A communication, in which no 

infringement is alleged in accordance 

with § 1245.202(a), such as a mere 

proffer of a license, shall not be 

considered a claim for infringement. 

§ 1245.204 Indirect notice of infringement. 

A communication by a patent or 

copyright owner to addressees other 

than those specified in § 1245.202(a), 

such as NASA contractors, including 

contractors operating Governmentowned facilities, alleging that acts of 

infringement have occurred in the 

performance of a Government contract, 

grant, or other arrangement, shall not be 

considered a claim within the meaning 

of § 1245.202(a) until such 

communication meets the requirements 

specified therein. 

§ 1245.205 Processing of administrative 

claims. 

(a) Filing and forwarding of claims. 

All communications regarding claims 

should be addressed to: Agency Counsel 

for Intellectual Property, Office of the 

General Counsel, National Aeronautics 

and Space Administration, Washington, 

DC 20546–0001. If any communication 

relating to a claim or possible claim of 

patent or copyright infringement is 

received by an agency, organization, 

office, or field installation within 

NASA, it shall be forwarded to the 

Agency Counsel for Intellectual 

Property. 

(b) Disposition and notification. The 

General Counsel, or designee, shall 

investigate and administratively settle, 

deny, or otherwise dispose of each 

claim. When a claim is denied, the 

Agency shall so notify the claimant or 

the claimant’s authorized representative 

and provide the claimant with the 

reasons for denying the claim. 

Disclosure of information shall be 

subject to applicable statutes, 

regulations, and directives pertaining to 

security, access to official records, and 

the rights of others. 

(c) Termination of claims. If, while an 

administrative claim for patent or 

copyright infringement is pending 

against NASA, the claimant brings suit 

for patent or copyright infringement 

against the United States in the Court of 

Federal Claims based on the same facts 

or transactions as the administrative 

claim, the administrative claim shall 

thereupon be automatically dismissed, 

with no further action being required of 

NASA. 

Charles F. Bolden, Jr., 

Administrator. 

[FR Doc. 2012–6047 Filed 3–12–12; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF LABOR 

Wage and Hour Division 

29 CFR Part 552 

RIN 1235–AA05 

Application of the Fair Labor 

Standards Act to Domestic Service 

AGENCY: Wage and Hour Division, 

Labor. 

ACTION: Extension of comment period. 

SUMMARY: This document extends the 

period for filing written comments until 

March 21, 2012 on the proposed 

revisions to the Application of the Fair 

Labor Standards Act to Domestic 

Service. On February 24, 2012, the 

Department published a document 

extending the comment period for the 

proposed revisions published on 

December 27, 2011 by an additional 14 

days. This document further extends the 

comment period to March 21, 2012. The 

Department of Labor (Department) is 

taking this action in order to provide 

interested parties additional time to 

submit comments. 

DATES: The agency must receive 

comments on or before March 21, 2012. 

The period for public comments, which 

was to close on March 12, 2012, will be 

extended to March 21, 2012. 

ADDRESSES: You may submit comments, 

identified by RIN 1235–AA05, by either 

one of the following methods: 

Electronic comments: through the 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Mail: Mary Ziegler, Director, Division 

of Regulations, Legislation and 

Interpretation, Wage and Hour Division, 

U.S. Department of Labor, Room S– 

3502, 200 Constitution Avenue NW., 

Washington, DC 20210. 

Instructions: Please submit one copy 

of your comments by only one method. 

All submissions received must include 

the agency name (Wage and Hour 

Division) and Regulatory Information 

Number identified above for this 

rulemaking (1235–AA05). All comments 

received will be posted without change 

to http://www.regulations.gov, including 

any personal information provided. 

Consequently, prior to including any 

individual’s personal information such 

as Social Security Number, home 

address, telephone number, email 

addresses and medical data in a 

comment, the Department urges 

commenters carefully to consider that 

their submissions are a matter of public 

record and will be publicly accessible 

on the Internet. It is the commenter’s 

responsibility to safeguard his or her 

information. Because we continue to 

experience delays in receiving mail in 

the Washington, DC area, commenters 

are strongly encouraged to transmit their 

comments electronically via the Federal 

eRulemaking Portal at http:// 

www.regulations.gov or to submit them 

by mail early. For additional 

information on submitting comments 

and the rulemaking process, see the 

‘‘Public Participation’’ heading of the 

SUPPLEMENTARY INFORMATION section of 

this document. 

Docket: For access to the docket to 

read background documents or 

comments received, go to the Federal 

eRulemaking Portal at http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Mary Ziegler, Director, Division of 

Regulations, Legislation, and 

Interpretation, Wage and Hour Division, 

U.S. Department of Labor, Room S– 

3510, 200 Constitution Avenue NW., 

Washington, DC 20210; telephone: (202) 

693–0406 (this is not a toll free number). 

Copies of this notice of proposed 

rulemaking may be obtained in 

alternative formats (Large Print, Braille, 

Audio Tape, or Disc), upon request, by 

calling (202) 693–0023. TTY/TDD 

callers may dial toll-free (877) 889–5627 

to obtain information or request 

materials in alternative formats. 

Questions of interpretation and/or 

enforcement of regulations issued by 

this agency or referenced in this 

document may be directed to the nearest 

Wage and Hour Division District Office. 


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