[Federal Register Volume 69, Number 214 (Friday, November 5, 2004)]
[Notices]
[Pages 64568-64569]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-24740]


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DEPARTMENT OF ENERGY


Berwanger, Inc.

AGENCY: Office of the General Counsel, Department of Energy.

ACTION: Notice of intent to grant exclusive license.

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SUMMARY: Notice is hereby given to an intent to grant to Berwanger, 
Inc., of Houston, TX, an exclusive or partially exclusive license to 
software entitled ``Thermal Safety Software'' (TSS), developed under 
ISTC project  1498. The United States Government, as the 
exclusive licensee to distribute the software for commercial purposes 
in the United States, has the right to sublicense the software. A 
Notice to the effect that the computer software was available for 
license appeared in the Federal Register, October 5, 2004 (69 FR 
59585).

[[Page 64569]]


DATES: Written comments or nonexclusive license applications are to be 
received at the address listed below no later than December 6, 2004.

ADDRESSES: Office of the Assistant General Counsel for Technology 
Transfer and Intellectual Property, U.S. Department of Energy, 1000 
Independence Ave., SW., Washington, DC 20585.

FOR FURTHER INFORMATION CONTACT: John T. Lucas, Office of the Assistant 
General Counsel for Technology Transfer and Intellectual Property, U.S. 
Department of Energy, Forrestal Building, Room 6F-067, 1000 
Independence Ave., SW., Washington, DC 20585; Telephone (202) 586-2939.

SUPPLEMENTARY INFORMATION: 35 U.S.C. 209 provides federal agencies with 
authority to grant exclusive licenses in federally-owned inventions 
which are or may be patentable, if, among other things, the agency 
finds that the public will be served by the granting of the license. 
The statute requires that no exclusive license may be granted unless 
public notice of the intent to grant the license has been provided, and 
the agency has considered all comments received in response to that 
public notice, before the end of the comment period.
    Berwanger, Inc., of Houston, TX has applied for an exclusive 
license to TSS and has plans for its commercialization. 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 negotiate to grant the license, unless, within 30 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 software in 
which applicant states that if already has brought the invention to 
practical application or is likely to bring the software to practical 
application expeditiously.
    The Department will review all timely written responses to this 
notice, and will proceed with negotiating the license if, after 
consideration of written responses to this notice, a finding is made 
that the license is in the public interest.

    Issued in Washington, DC, on November 1, 2004.
Paul A. Gottlieb,
Assistant General Counsel for Technology Transfer and Intellectual 
Property.
[FR Doc. 04-24740 Filed 11-4-04; 8:45 am]
BILLING CODE 6450-01-P