keep PART 1245—PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS
Regulation establishes the waiver process for NASA contractors to obtain ownership rights to inventions developed under NASA contracts, despite default government ownership under the National Aeronautics and Space Act. It governs petitions to the NASA Inventions and Contributions Board, criteria for granting or denying waivers, government reservations (including an irrevocable license and march-in rights), and post-grant requirements including utilization reports.
Americans would be worse off without this regulation because it creates the sole mechanism for private ownership of NASA-funded inventions, preserving the incentive structure necessary for private sector participation in space R&D. Deleting it would mean the government automatically retains all patent rights, eliminating contractors' ability to commercialize their innovations, reducing competition, and stifling the translation of publicly-funded research into marketable products. While the process creates administrative overhead, the waiver pathway itself is essential to balance government's legitimate interests with the free enterprise principle that innovators should be able to own and profit from their work.