[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]
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