[Federal Register Volume 62, Number 33 (Wednesday, February 19, 1997)]
[Notices]
[Page 7459]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-4038]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Office of the Secretary


Delegation of Authority; Patents and Inventions

    Notice is hereby given that I have delegated to Heads of the Public 
Health Service Operating Divisions all authorities to administer and 
make decisions regarding the invention and patent program of their 
respective Operating Divisions and the authority to make determinations 
of rights in inventions and patents in which the Department has an 
interest, except as specified below.

Restrictions

    1. The Secretary retains authority to submit reports to Congress.
    2. This delegation excludes those authorities under the Stevenson-
Wydler Technology Innovation Act of 1980, as amended by the Federal 
Technology Transfer Act of 1986 and the National Technology Transfer 
and Advancement Act of 1995, which are governed by a separate 
delegation.

Redelegation

    All authorities other than the authority under 35 U.S.C. 203 
(March-in Rights) may be redelegated.

Prior Delegations

    The prior delegations of authority, to the PHS Agency Heads 
(retitled Heads of Operating Divisions), derived from authority given 
to the Assistant Secretary for Health (ASH) in 45 CFR Part 6. Those 
regulations were recently rescinded because they were obsolete (61 FR 
54743 (October 22, 1996)). In addition, the delegation of authority 
from the ASH to the then-PHS Agency Heads dated July 15, 1988, which 
was amended by a memorandum dated July 24, 1991 from the ASH to the 
Director, National Institutes of Health is hereby superseded. Prior 
redelegations by the PHS Agency Heads under that authority shall remain 
in effect unless modified by PHS Operating Division Heads.

 Ratification

    All actions taken by the Heads of PHS Operating Divisions or their 
subordinates from October 22, 1996 to the effective date of this 
delegation that would have been authorized under 45 CFR 6.2 and 
delegations thereunder are hereby ratified.

 Effective Date

    Effective upon signature.

    Dated: January 31, 1997.
Donna E. Shalala,
Secretary of the Department of Health and Human Services.
[FR Doc. 97-4038 Filed 2-18-97; 8:45 am]
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