[Federal Register Volume 67, Number 232 (Tuesday, December 3, 2002)]
[Notices]
[Page 71964]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-30601]



[[Page 71964]]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7416-1]


Intent to Grant an Exclusive Patent License

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Intent to Grant an Exclusive Patent License.

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SUMMARY: Pursuant to 35 U.S.C. 207 and 37 CFR Part 404, EPA hereby 
gives notice of its intent to grant an exclusive, royalty-bearing, 
revocable license to practice the inventions described and claimed in 
the patents listed below, all corresponding patents issued throughout 
the world, and all reexamined patents and reissued patents granted in 
connection with such patents, to BHA Group, Inc., Kansas City, 
Missouri. The patents are:
    U.S. Patent No. 5,217,511 ('511 patent), entitled ``Enhancement of 
Electrostatic Precipitation with Electrostatically Augmented Fabric 
Filtration,'' issued June 8, 1993.
    U.S. Patent No. 6,152,988 ('988 patent), entitled ``Enhancement of 
Electrostatic Precipitation with Precharged Particles and 
Electrostatically Augmented Fabric Filtration,'' issued November 28, 
2000.
    The '511 patent was announced as being available for licensing in 
the March 9, 1992 issue of the Federal Register (57 FR 8330) as U.S. 
Patent Application No. 07/826,302, filed January 24, 1992. The '988 
patent has not been previously announced as being available for 
licensing. However, EPA has the authority under 37 CFR 404.7(a)(1) to 
proceed without a notice of availability when expeditious granting of 
the license will best serve the interests of the Federal government and 
the public. Under that authority, EPA has decided not to issue a notice 
of availability for the '988 patent because a notice had been published 
for the associated technology embodied in the '511 patent and because 
the only applicant, BHA Group, Inc., has filed an application for an 
exclusive license under 37 CFR 404.8 and is prepared to enter into an 
exclusive license agreement. Therefore, expeditious granting of the 
license is in the public's interest because the products will be 
brought to market sooner. Expeditious granting of the license is also 
in the Federal government's interest because the royalty income 
generated can be more quickly used for the purposes permitted under the 
Federal Technology Transfer Act.
    The proposed exclusive license will contain appropriate terms, 
limitations, and conditions to be negotiated in accordance with 35 
U.S.C. 209 and 37 CFR 404.5 and 404.7 of the U.S. Government patent 
licensing regulations.
    EPA will negotiate the final terms and conditions and grant the 
exclusive license, unless within 15 days from the date of this notice 
EPA receives, at the address below, written objections to the grant, 
together with supporting documentation. The documentation from 
objecting parties having an interest in practicing the above patents 
should include an application for an exclusive or nonexclusive license 
with the information set forth in 37 CFR 404.8. The EPA Patent Counsel 
and other EPA officials will review all written responses and then make 
recommendations on a final decision to the Director of the National 
Risk Management Research Laboratory, who has been delegated the 
authority to issue patent licenses under EPA Delegation 1-55.

DATE: Comments on this notice must be received by EPA at the address 
listed below by December 18, 2002.

FOR FURTHER INFORMATION CONTACT: Alan Ehrlich, Patent Counsel, Office 
of General Counsel (Mail Code 2377A), Environmental Protection Agency, 
Washington, DC 20460, Telephone (202) 564-5457.

Marla E. Diamond,
Associate General Counsel, Finance and Operations Law Office.
[FR Doc. 02-30601 Filed 12-2-02; 8:45 am]
BILLING CODE 6560-50-P