justicedao/patent-legal-corpus huggingface dataset:
37 CFR 388.3 — Adjustment of Royalty Fee for Secondary Transmissions by Satellite Carriers
Current through: 2024-07-01

Compulsory license fees for coin-operated phonorecord players.

§ 388.3 Compulsory license fees for coin-operated phonorecord players. (a) Commencing January 1, 1982, the annual compulsory license fee for a coin-operated phonorecord player shall be $25. (b) Commencing January 1, 1984, the annual compulsory license fee for a coin-operated phonorecord player shall be $50. (c) Commencing January 1, 1987, the annual compulsory license fee for a coin-operated phonorecord player shall be $63. (d) If performances are made available on a particular coin-operated phonorecord player for the first time after July 1 of any year, the compulsory license fee for the remainder of that year shall be one half of the annual rate of paragraph (a), (b), or (c) of this section, whichever is applicable. (e) Commencing January 1, 1990, the annual compulsory license fee for a coin-operated phonorecord player is suspended through December 31, 1999, or until such earlier or later time as the March 1990 license agreement between AMOA and ASCAP/BMI/SESAC is terminated.
37 CFR 390.2 — Amounts and Terms for Statutory Licenses
Current through: 2024-07-01

Amount of assessments.

§ 390.2 Amount of assessments. (a) 2023 Annual Assessment. The Annual Assessment for the calendar year 2023 shall be in the amount of $32,900,000. (b) 2024 Annual Assessment. The Annual Assessment for the calendar year 2024 shall be in the amount of $39,050,000. (c) Other Annual Assessments. (1) For the calendar year 2025 and all subsequent years, the amount of the Annual Assessment will be automatically adjusted by increasing the amount of the Annual Assessment of the preceding calendar year by the lesser of: (i) 3 percent; and (ii) The percentage change in the ECI. (2) The MLC shall publish notice on its website of each year's automatic adjustment to the Annual Assessment. The Annual Assessment shall continue from year to year unless and until the Copyright Royalty Judges cause to be published an adjusted administrative assessment pursuant to 17 U.S.C. 115(d)(7)(D)(iv) or (v). [85 FR 832, Jan. 8, 2020, as amended at 88 FR 69039, Oct. 5, 2023]
37 CFR 4.1 — Complaints Regarding Invention Promoters
Current through: 2024-07-01

Complaints regarding invention promoters.

§ 4.1 Complaints regarding invention promoters. These regulations govern the Patent and Trademark Office's (Office) responsibilities under the Inventors' Rights Act of 1999, which can be found in the U.S. Code at 35 U.S.C. 297. The Act requires the Office to provide a forum for the publication of complaints concerning invention promoters. The Office will not conduct any independent investigation of the invention promoter. Although the Act provides additional civil remedies for persons injured by invention promoters, those remedies must be pursued by the injured party without the involvement of the Office.
37 CFR 4.2 — Complaints Regarding Invention Promoters
Current through: 2024-07-01

Definitions.

§ 4.2 Definitions. (a) Invention Promoter means any person, firm, partnership, corporation, or other entity who offers to perform or performs invention promotion services for, or on behalf of, a customer, and who holds itself out through advertising in any mass media as providing such services, but does not include— (1) Any department or agency of the Federal Government or of a State or local government; (2) Any nonprofit, charitable, scientific, or educational organization qualified under applicable State law or described under section 170(b)(1)(A) of the Internal Revenue Code of 1986; (3) Any person or entity involved in the evaluation to determine commercial potential of, or offering to license or sell, a utility patent or a previously filed nonprovisional utility patent application; (4) Any party participating in a transaction involving the sale of the stock or assets of a business; or (5) Any party who directly engages in the business of retail sales of products or the distribution of products. (b) Customer means any individual who enters into a contract with an invention promoter for invention promotion services. (c) Contract for Invention Promotion Services means a contract by which an invention promoter undertakes invention promotion services for a customer. (d) Invention Promotion Services means the procurement or attempted procurement for a customer of a firm, corporation, or other entity to develop and market products or services that include the invention of the customer.
37 CFR 4.3 — Complaints Regarding Invention Promoters
Current through: 2024-07-01

Submitting complaints.

§ 4.3 Submitting complaints. (a) A person may submit a complaint concerning an invention promoter with the Office. A person submitting a complaint should understand that the complaint may be forwarded to the invention promoter and may become publicly available. The Office will not accept any complaint that requests that it be kept confidential. (b) A complaint must be clearly marked, or otherwise identified, as a complaint under these rules. The complaint must include: (1) The name and address of the complainant; (2) The name and address of the invention promoter; (3) The name of the customer; (4) The invention promotion services offered or performed by the invention promoter; (5) The name of the mass media in which the invention promoter advertised providing such services; (6) An explanation of the relationship between the customer and the invention promoter; and (7) A signature of the complainant. (c) The complaint should fairly summarize the action of the invention promoter about which the person complains. Additionally, the complaint should include names and addresses of persons believed to be associated with the invention promoter. Complaints, and any replies, must be addressed to: Mail Stop 24, Commissioner for Patents, P.O. Box 1450, Alexandria, Virginia 22313-1450. (d) Complaints that do not provide the information requested in paragraphs (b) and (c) of this section will be returned. If complainant's address is not provided, the complaint will be destroyed. (e) No originals of documents should be included with the complaint. (f) A complaint can be withdrawn by the complainant or the named customer at any time prior to its publication. [65 FR 3129, Jan. 20, 2000, as amended at 68 FR 14338, Mar. 25, 2003]
37 CFR 4.4 — Complaints Regarding Invention Promoters
Current through: 2024-07-01

Invention promoter reply.

§ 4.4 Invention promoter reply. (a) If a submission appears to meet the requirements of a complaint, the invention promoter named in the complaint will be notified of the complaint and given 30 days to respond. The invention promoter's response will be made available to the public along with the complaint. If the invention promoter fails to reply within the 30-day time period set by the Office, the complaint will be made available to the public. Replies sent after the complaint is made available to the public will also be published. (b) A response must be clearly marked, or otherwise identified, as a response by an invention promoter. The response must contain: (1) The name and address of the invention promoter; (2) A reference to a complaint forwarded to the invention promoter or a complaint previously published; (3) The name of the individual signing the response; and (4) The title or authority of the individual signing the response.
37 CFR 4.5 — Complaints Regarding Invention Promoters
Current through: 2024-07-01

Notice by publication.

§ 4.5 Notice by publication. If the copy of the complaint that is mailed to the invention promoter is returned undelivered, then the USPTO will primarily publish a Notice of Complaint Received on the USPTO's Internet home page at http://www.uspto.gov. Only where the USPTO's Web site is unavailable for publication will the USPTO publish the Notice of Complaint in the Official Gazette and/or the Federal Register. The invention promoter will be given 30 days from such notice to submit a reply to the Notice of Complaint. If the USPTO does not receive a reply from the invention promoter within 30 days, the complaint alone will become publicly available. [68 FR 9553, Feb. 28, 2003]
37 CFR 4.6 — Complaints Regarding Invention Promoters
Current through: 2024-07-01

Attorneys and Agents.

§ 4.6 Attorneys and Agents. Complaints against registered patent attorneys and agents will not be treated under this section, unless a complaint fairly demonstrates that invention promotion services are involved. Persons having complaints about registered patent attorneys or agents should contact the Office of Enrollment and Discipline at Mail Stop OED, Director of the United States Patent and Trademark Office, PO Box 1450, Alexandria, Virginia 22313-1450, and the attorney discipline section of the attorney's state licensing bar if an attorney is involved. [68 FR 14338, Mar. 25, 2003]
37 CFR 401.11 — Rights to Inventions Made by Nonprofit Organizations and Small Business Firms under Government Grants, Contracts, and Cooperative Agreements
Current through: 2024-07-01

Appeals.

§ 401.11 Appeals. (a) The agency official initially authorized to take any of the following actions shall provide the contractor with a written statement of the basis for his or her action at the time the action is taken, including any relevant facts that were relied upon in taking the action. (1) A refusal to grant an extension under paragraph (c)(5) of the standard clause at § 401.14. (2) A request for a conveyance of title under paragraph (d)(1) of the standard clause at § 401.14. (3) A refusal to grant a waiver under paragraph (i) of the standard clause at § 401.14. (4) A refusal to approve an assignment under paragraph (k)(1) of the standard clause at § 401.14. (b) Each agency shall establish and publish procedures under which any of the agency actions listed in paragraph (a) of this section may be appealed to the head of the agency or designee. Review at this level shall consider both the factual and legal basis for the actions and its consistency with the policy and objectives of 35 U.S.C. 200-206. (c) Appeals procedures established under paragraph (b) of this section shall include administrative due process procedures and standards for fact-finding at least comparable to those set forth in § 401.6(a)(4) through (6) whenever there is a dispute as to the factual basis for an agency request for a conveyance of title under paragraph (d) of the standard clause at § 401.14, including any dispute as to whether or not an invention is a subject invention. (d) To the extent that any of the actions described in paragraph (a) of this section are subject to appeal under the Contract Dispute Act, the procedures under the Act will satisfy the requirements of paragraphs (b) and (c) of this section. [88 FR 17737, Mar. 24, 2023]
37 CFR 401.12 — Rights to Inventions Made by Nonprofit Organizations and Small Business Firms under Government Grants, Contracts, and Cooperative Agreements
Current through: 2024-07-01

Licensing of background patent rights to third parties.

§ 401.12 Licensing of background patent rights to third parties. (a) A funding agreement with a small business firm or a domestic nonprofit organization will not contain a provision allowing a Federal agency to require the licensing to third parties of inventions owned by the contractor that are not subject inventions unless such provision has been approved by the agency head and a written justification has been signed by the agency head. Any such provision will clearly state whether the licensing may be required in connection with the practice of a subject invention, a specifically identified work object, or both. The agency head may not delegate the authority to approve such provisions or to sign the justification required for such provisions. (b) A Federal agency will not require the licensing of third parties under any such provision unless the agency head determines that the use of the invention by others is necessary for the practice of a subject invention or for the use of a work object of the funding agreement and that such action is necessary to achieve practical application of the subject invention or work object. Any such determination will be on the record after an opportunity for an agency hearing. The contractor shall be given prompt notification of the determination by certified or registered mail. Any action commenced for judicial review of such determination shall be brought within sixty days after notification of such determination.
37 CFR 401.13 — Rights to Inventions Made by Nonprofit Organizations and Small Business Firms under Government Grants, Contracts, and Cooperative Agreements
Current through: 2024-07-01

Confidentiality of contractor submissions.

§ 401.13 Confidentiality of contractor submissions. Pursuant to 35 U.S.C. 202(c)(5) and 205, the following procedures shall govern confidentiality of documents submitted under paragraph (c) of the standard clause found at § 401.14: (a) Agencies shall not disclose to third parties pursuant to requests under the Freedom of Information Act (FOIA) any information disclosing a subject invention during the time which an initial patent application may be filed under paragraph (c) of the standard clause found at § 401.14 or such other clause in the funding agreement. This prohibition does not apply to information that has previously been published by the inventor, contractor, or otherwise. (b) Agencies shall not disclose or release, pursuant to requests under the Freedom of Information Act or otherwise, copies of any document which is part of an application for patent with the U.S. Patent and Trademark Office or any foreign patent office filed by the contractor (or its assignees, licensees, or employees) on a subject invention to which the contractor has elected to retain title. This prohibition does not extend to disclosure to other government agencies or contractors of government agencies under an obligation to maintain such information in confidence. This prohibition does not apply to documents published by the U.S. Patent and Trademark Office or any foreign patent office. (c) When implementing policies that encourage public dissemination of the results of work supported by the agency through government publications or other publications of technical reports, agencies shall not include copies of documents submitted by contractors pursuant to § 401.14(c) when a contractor notifies the agency that a particular report or other submission contains a disclosure of a subject invention to which it has elected title or may elect title, or such publication could create a statutory bar to obtaining patent protection. [88 FR 17737, Mar. 24, 2023]
37 CFR 401.16 — Rights to Inventions Made by Nonprofit Organizations and Small Business Firms under Government Grants, Contracts, and Cooperative Agreements
Current through: 2024-07-01

Federal agency reporting requirements.

§ 401.16 Federal agency reporting requirements. Federal agencies will report annually to the Secretary on data pertaining to reported subject inventions under a funding agreement, including— (a) Number of subject inventions reported to the Federal agency; (b) Patent applications filed on subject inventions; (c) Issued patents on subject inventions; (d) Number of requests and number of requests granted for extension of the time for disclosures, election, and filing per 37 CFR 401.14(c)(5); (e) Number of subject inventions conveyed to the Government in accordance with 37 CFR 401.14(d); (f) Number of waivers requested and waivers granted per 37 CFR 401.14(i); (g) Number of requests for assignment of invention rights; and (h) Summary of utilization information provided by contractors. Such information will be received by the Secretary no later than the last day of October of each year. [88 FR 17739, Mar. 24, 2023]
37 CFR 401.17 — Rights to Inventions Made by Nonprofit Organizations and Small Business Firms under Government Grants, Contracts, and Cooperative Agreements
Current through: 2024-07-01

Submissions and inquiries.

§ 401.17 Submissions and inquiries. All submissions or inquiries should be directed to the Chief Counsel for NIST, National Institute of Standards and Technology, 100 Bureau Drive, Mail Stop 1052, Gaithersburg, Maryland 20899-1052; telephone: (301) 975-2803; email: nistcounsel@nist.gov. Information about and procedures for electronic filing under this part are available at the Interagency Edison website and service center, http://www.iedison.gov . [83 FR 15963, Apr. 13, 2018, as amended at 88 FR 17739, Mar. 24, 2023]
37 CFR 401.18 — Rights to Inventions Made by Nonprofit Organizations and Small Business Firms under Government Grants, Contracts, and Cooperative Agreements
Current through: 2024-07-01

Severability.

§ 401.18 Severability. The provisions of this part are separate and severable from one another. If any provision is stayed or determined to be invalid, the remaining provisions shall remain in effect. [88 FR 17739, Mar. 24, 2023]
37 CFR 401.9 — Rights to Inventions Made by Nonprofit Organizations and Small Business Firms under Government Grants, Contracts, and Cooperative Agreements
Current through: 2024-07-01

Contractor and contractor employee inventor requests for rights in inventions.

§ 401.9 Contractor and contractor employee inventor requests for rights in inventions. (a) Agencies shall allow a contractor to request greater rights in an invention, including a request to return title to an invention to the contractor, when the funding agreement contains alternate provisions in accordance with § 401.3(a)(2): (1) The agency shall consider if the circumstances which originally led the agency to invoke an exception under § 401.3(a) are currently valid and applicable to the actual subject invention. (i) The agency shall provide the contractor the opportunity to submit information on its plans and intentions to bring the subject invention to practical application pursuant to 35 U.S.C. 200. (ii) The agency shall assess whether government ownership of the invention will better promote the policies and objectives of 35 U.S.C. 200 than the plans and intentions submitted by the contractor. (iii) The agency shall consider whether to allow the standard clause at § 401.14 to apply with additional conditions imposed upon the contractor's use of the invention for specific uses or applications, or with expanded government license rights in such uses or applications. (2) The agency shall reply to the contractor with its determination within 90 days after receiving a request and any supporting information from the contractor. If a bar to patenting is sooner than 90 days from receipt of a request, the agency may either file a patent application on the subject invention or authorize the contractor to file a patent application at its own risk and expense. (3) The Department of Energy is authorized to process deferred determinations either in accordance with its waiver regulations or this section. (b) Pursuant to 35 U.S.C. 202(d), a contractor is required to obtain approval from a funding Agency before assigning rights to a subject invention made under a funding agreement to an employee/inventor. When an employee/inventor retains rights to a subject invention made under a funding agreement, either the Agency or the contractor must ensure compliance by the employee/inventor with at least those conditions that would apply under paragraphs (b), (d), (f)(4), (h), (i), and (j) of the clause at § 401.14. [88 FR 17737, Mar. 24, 2023]
37 CFR 404.10 — Licensing of Government Owned Inventions
Current through: 2024-07-01

Modification and termination of licenses.

§ 404.10 Modification and termination of licenses. Before modifying or terminating a license, other than by mutual agreement, the Federal agency shall furnish the licensee a written notice of intention to modify or terminate the license, and the licensee shall be allowed 30 days after such notice to remedy any breach of the license or show cause why the license shall not be modified or terminated. [71 FR 11514, Mar. 8, 2006, as amended at 88 FR 17740, Mar. 24, 2023]
37 CFR 404.11 — Licensing of Government Owned Inventions
Current through: 2024-07-01

Appeals.

§ 404.11 Appeals. (a) The following parties may appeal to the agency head or designee of the Federal agency any decision or determination concerning the grant, denial, modification, or termination of a license: (1) A person whose application for a license has been denied; (2) A licensee whose license has been modified or terminated, in whole or in part; or (3) A person who timely filed a written objection in response to the notice required by § 404.7 and who can demonstrate to the satisfaction of the Federal agency that such person may be damaged by the agency action due to being denied the opportunity to promote the commercialization of the invention. (b) The Federal agency shall establish appropriate procedures for considering appeals under paragraph (a) of this section. [71 FR 11514, Mar. 8, 2006, as amended at 88 FR 17740, Mar. 24, 2023]
37 CFR 404.14 — Licensing of Government Owned Inventions
Current through: 2024-07-01

Confidentiality of information.

§ 404.14 Confidentiality of information. 35 U.S.C. 209(f) requires that any plan submitted pursuant to § 404.8(a)(8) and any report required by 35 U.S.C. 209(d)(2) shall be treated as commercial or financial information obtained from a person and privileged and confidential and not subject to disclosure under 5 U.S.C. 552. [88 FR 17740, Mar. 24, 2023]
37 CFR 404.1 — Licensing of Government Owned Inventions
Current through: 2024-07-01

Scope of part.

§ 404.1 Scope of part. (a) This part prescribes the terms, conditions, and procedures upon which a federally owned invention, other than an invention in the custody of the Tennessee Valley Authority, may be licensed. This part does not affect licenses which: (1) Were in effect prior to April 7, 2006; (2) May exist at the time of the Government's acquisition of title to the invention, including those resulting from the allocation of rights to inventions made under Government research and development contracts; (3) Are the result of an authorized exchange of rights in the settlement of patent disputes, including interferences; or (4) Are otherwise authorized by law or treaty, including 35 U.S.C. 202(e), 35 U.S.C. 207(a)(3) and 15 U.S.C. 3710a, which also may authorize the assignment of inventions. Although licenses on inventions made under a cooperative research and development agreement (CRADA) are not subject to this regulation, agencies are encouraged to apply the same policies and use similar terms when appropriate. Similarly, this should be done for licenses granted under inventions where the agency has acquired rights pursuant to 35 U.S.C. 207(a)(3). (b) Royalties collected pursuant to this part, and used in accordance with 15 U.S.C. 3710c(a)(1)(B), are not intended as an alternative to appropriated funding or as an alternative funding mechanism. [88 FR 17739, Mar. 24, 2023]
37 CFR 404.2 — Licensing of Government Owned Inventions
Current through: 2024-07-01

Policy and objective.

§ 404.2 Policy and objective. It is the policy and objective of this subpart to promote the results of federally funded research and development through the patenting and licensing process. In negotiating licenses, the Government may consider payments under a licensing agreement as a means for encouraging the licensee to develop an invention in order to advance practical application and promote commercialization by the licensee. [88 FR 17739, Mar. 24, 2023]