[Federal Register Volume 61, Number 62 (Friday, March 29, 1996)]
[Notices]
[Page 14089]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7736]
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DEPARTMENT OF ENERGY
Eclipse Energy Systems Inc.
AGENCY: Department of Energy, Office of the General Counsel.
ACTION: Notice of Intent to Grant Exclusive Patent License.
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SUMMARY: Notice is hereby given of an intent to grant to Eclipse Energy
Systems Inc., of Tampa, FL, an exclusive license to practice the
invention described in U.S. Patent No. 4,687,560, entitled ``Method of
Synthesizing a Plurality of Reactants and Producing Thin Films of
Electro-Optically Active Transition Metal Oxides.'' The invention is
owned by the United States of America, as represented by the Department
of Energy (DOE).
DATES: Written comments or nonexclusive license applications are to be
received at the address listed below no later than May 28, 1996.
ADDRESSES: Office of Assistant General Counsel for Technology Transfer
and Intellectual Property, U.S. Department of Energy, 1000 Independence
Avenue, SW., Washington, DC 20585.
FOR FURTHER INFORMATION: Robert J. Marchick, Office of the Assistant
General Counsel for Technology Transfer and Intellectual Property, U.S.
Department of Energy, Forrestal Building, Room 6F-067, 1000
Independence Avenue, 20585; Telephone (202) 586-4792.
SUPPLEMENTARY INFORMATION: 35 U.S.C. 209(c) provides the Department
with authority to grant exclusive licenses in Department-owned
inventions, where a determination can be made, among other things, that
the desired practical application of the invention has not been
achieved, or is not likely expeditiously to be achieved, under a
nonexclusive license. The statute and implementing regulations (37
C.F.R. 404) require that the necessary determinations be made after
public notice and opportunity for filing written objections.
Eclipse Energy Systems Inc., of Tampa, FL, has applied for an
exclusive license to practice the invention embodied in U.S. Patent No.
4,687,560, and has a plan for commercialization of the invention.
The exclusive license will be subject to a license and other rights
retained by the U.S. Government, and other terms and conditions to be
negotiated. DOE intends to grant the license, upon a final
determination in accordance with 35 U.S.C. 209(c), unless, within 60
days of this notice, the Assistant General Counsel for Technology
Transfer and Intellectual Property, Department of Energy, Washington,
DC 20585, receives in writing any of the following, together with
supporting documents:
(i) A statement from any person setting forth reasons why it would
not be in the best interests of the United States to grant the proposed
license; or
(ii) An application for a nonexclusive license to the invention, in
which applicant states that he already has brought the invention to
practical application or is likely to bring the invention to practical
application expeditiously.
The Department will review all timely written responses to this
notice, and will grant the license if, after consideration of written
responses to this notice, a determination is made, that the license
grant is in the public interest.
Issued in Washington, DC, on March 22, 1996.
Agnes P. Dover,
Deputy General Counsel.
March 21, 1996.
Action: Publication in Federal Register of Notice of Intent to Grant
Exclusive Patent License (Re: U.S. Patent No. 4,687,560
Agnes P. Dover,
Deputy General Counsel for Technology Transfer and Procurement
Background and Discussion
35 U.S.C. 209(c) provides the Department with authority to grant
exclusive or partially exclusive licenses in Department-owned
inventions, where a determination can be made, among other things,
that the desired practical application of the invention has not been
achieved, or is not likely expeditiously to be achieved, under a
nonexclusive license. The statute and implementing regulations
require that the necessary determinations to be made after public
notice and opportunity for filing written objections.
Eclipse Energy Systems, Inc., of Tampa, Florida, has applied for
an exclusive license form commercial practice of U.S. Patent No.
4,687,560, entitled ``Method of Synthesizing a Plurality of
Reactants and Producing Thin Films of Electro-Optically Active
Transition Metal Oxides.'' A memorandum which more fully discusses
the present license application is attached.
This Action Memorandum transmits for signature of the Deputy
General Counsel and Publication in the Federal Register a notice of
intent to grant an exclusive license to the named applicant. The
notice provides for a 60-day period during which the public may
bring forth information as to why the proposed exclusive license
would not be in the public interest.
Recommendation
We recommend that the Deputy General Counsel sign and forward
for publication the attached Federal Register notice of intent to
grant an exclusive patent license.
Paul A. Gottlieb,
Assistant General Counsel for Technology Transfer and Intellectual
Property.
[FR Doc. 96-7736 Filed 3-28-96; 8:45 am]
BILLING CODE 6450-01-P
