Regulations last checked for updates: Feb 16, 2025

Title 10 - Energy last revised: Feb 05, 2025
§ 780.20 - Initiation of proceeding.

When any person in the Department believes that the Department should declare a patent affected with the public interest pursuant to section 153a of the Act, that person shall make such a recommendation to the Under Secretary. If, after consultation with the General Counsel, the Under Secretary agrees with the recommendation, the Under Secretary shall initiate in writing a proceeding under section 153a before the Board. The communication of the Under Secretary to the Board shall identify the patent and state the basis for the proposed declaration.

authority: 42 U.S.C. 7151,7254; 42 U.S.C. 5814,5815; 42 U.S.C. 2183,2187,2223; 35 U.S.C. 183; North American Free Trade Agreement, Article 1709(10), as implemented by the North American Free Trade Agreement Implementing Act, Pub. L. 103-182
source: 46 FR 39581, Aug. 4, 1981, unless otherwise noted.
cite as: 10 CFR 780.20