stated in writing that a proprietary legend on the invention disclosure is not required.

(d) Notwithstanding the provisions of paragraphs (b) and (c) of this section and § 270.8, an invention described in an invention disclosure, in which the Government is entitled to the entire right, title, and interest, may be reviewed and evaluated without receiving a signed Memorandum of Understanding specified in § 270.3(a)(6) or the signed statement specified in § 270.5(a)(2).

(e) After the Office has completed its review and evaluation of an invention disclosure pursuant to § 270.8, the Office, with the prior written permission of the person who submitted such disclosure, may forward the disclosure to ERDA:

(1) Without regard to the provisions of pargaraphs (b) and (c) of this section; and

(2) With the understanding between the Office and ERDA that such disclosure shall be handled in accordance with the procedures established by ERDA for the protection of proprietary information. When such permission is not obtained by the Office, the Office may nevertheless forward such invention disclosure to ERDA subject to the provisions of paragraphs (b) and (c) of this section.

(f) Notwithstanding the provisions of any section of this part, the disclosure of any information in or related to an invention disclosure shall be subject to:

(1) The provisions of the Freedom of Information Act 5 U.S.C. 552, and the Department's regulations published in the implementation thereof;

(2) The provisions of any statute which requires the submission of information to a standing committee of the Congress, including each subcommittee thereof; and

(3) Release to a third party pursuant to an order of a court of competent jurisdiction.

§ 270.8 Review and evaluation.

(a) When an invention disclosure is accompanied by the signed Memoran

dum of Understanding specified in § 270.3(a)(6), such disclosure shall receive a preliminary review to determine whether it is complete and sufficient and describes an invention which may be a potentially beneficial source of energy subject to utilization technologies.

(b) After completion of a preliminary review, the Office may undertake or have undertaken an evaluation of the invention in an invention disclosure which shall include:

(1) An assessment of the validity of the technical assumptions and statements which are made in the invention disclosure concerning the invention;

(2) An assessment of the potential of the invention for energy conservation, utilization, and production;

(3) An assessment of the potential of the commercial utilization of the invention; and

(4) A recommendation on whether ERDA should support the invention.

(c) Invention disclosures submitted to the Office normally shall be evaluated in the order in which they are received except in those cases where the Chief of the Office determines that the advancement of an invention disclosure would improve the effectiveness of the program established by section 14 of the Act.

(d) When a preliminary review and/ or evaluation of an invention requires a capability which is not available at NBS, the Office may enter into a contract for the performance of such review and/or evaluation with a qualified individual or firm in the private sector or into an agreement with another Federal Government department or agency for the same purpose.

the invention disclosure of such decision.

(b) Subject to the provisions of § 270.7(e):

(1) Where the Office recommends an invention to ERDA for support, the Office shall furnish a report to ERDA

which documents the basis for the recommendation; and

(2) Where the Office decides not to recommend an invention to ERDA, a report which documents the basis of its decision shall be forwarded to ERDA upon its request.