[Federal Register Volume 62, Number 167 (Thursday, August 28, 1997)]
[Notices]
[Page 45636]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22955]


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DEPARTMENT OF ENERGY


Federal Energy Technology Center; Notice of Intent To Grant 
Exclusive Patent License

AGENCY: Department of Energy (DOE), Federal Energy Technology Center 
(FETC).

ACTION: Notice.

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SUMMARY: Notice is hereby given of an intent to grant to Harrison 
Material Consulting Services, Inc. of Minnetonka, Minnesota, an 
exclusive license to practice the invention described in U.S. Patent 
No. 5,474,364, titled ``Shotgun Cartridge Rock Breaker.'' The invention 
is owned by the United States of America, as represented by the 
Department of Energy (DOE). The proposed license will be exclusive, 
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. Sec. 209(c), unless within 60 days of 
publication of this Notice the Assistant Counsel for Intellectual 
Property, Department of Energy, Federal Energy Technology Center, 
Morgantown, WV 26505, receives in writing any of the following, 
together with the supporting documents:
    (i) A statement from any person setting forth reasons why it would 
not be in the best interest 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 it already has brought the invention to 
practical application or is likely to bring the invention to practical 
application expeditiously.

DATES: Written comments or nonexclusive license applications are to be 
received at the address listed below no later than sixty (60) days 
after the date of this published Notice.

ADDRESSES: Assistant Counsel for Intellectual Property, U.S. Department 
of Energy, Federal Energy Technology Center, P.O. Box 880, Morgantown, 
WV 26505.

FOR FURTHER INFORMATION CONTACT: Lisa A. Jarr, Assistant Counsel for 
Intellectual Property, U.S. Department of Energy, Federal Energy 
Technology Center, P.O. Box 880, Morgantown, WV 26505; Telephone (304) 
285-4555.

SUPPLEMENTARY INFORMATION: 35 U.S.C. Sec. 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 (37 CFR Sec. 404) require that the necessary determinations 
be made after public notice and opportunity for filing written 
objections.
    Harrison Material Consulting Services, Inc. of Minnetonka, 
Minnesota, has applied for an exclusive license to practice the 
invention embodied in U.S. Patent No. 5,474,364, and has a plan for 
commercialization of the invention.
    The proposed license will be exclusive, subject to a license and 
other rights retained by the U.S. Government, and subject to a 
negotiated royalty. The Department will review all timely written 
responses to this notice, and will grant the license if, after 
expiration of the 60-day notice period, and after consideration of 
written responses to this notice, a determination is made, in 
accordance with 35 U.S.C. Sec. 209(c), that the license grant is in the 
public interest.
Rita A. Bajura,
Director, FETC.
[FR Doc. 97-22955 Filed 8-27-97; 8:45 am]
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