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Subtitle A-Department of Health,

Education, and Welfare

General Administration

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Service of process.

Availability of final opinions, orders and official records.

Inventions and patents (general).

Employee inventions.

Inventions resulting from research grants, fellowship awards, and contracts for research.

Use of facilities by students and other qualified individuals.

Departmental Fellowship Review Panel.

Disposal and utilization of surplus real property for educational purposes and public health purposes.

Allocation and utilization of surplus personal property for educational, public health, and civil defense purposes.

Minimum standards of operation for State agencies for surplus property.

Vending stands for the blind on Federal property in the custody of the
Department of Health, Education, and Welfare.

Tort claims against the Government.

Reimbursement for damage or destruction of personal belongings of officers and employees.

U.S. exchange visitor program-requests for waiver of foreign residence requirements.

Federal financial assistance for noncommercial educational television broadcast facilities.

Standards for a merit system of personnel administration.

Standards of conduct.

Nondiscrimination in Federally-assisted programs of the Department of
Health, Education, and Welfare effectuation of Title VI of the Civil
Rights Act of 1964.

Practice and procedure for hearings under Part 80 of this Title.

Control of air pollution from new motor vehicles and new motor vehicle engines.

PART 4-SERVICE OF PROCESS

§ 4.1 Service of process in actions under Title II of the Social Security Act. Summons and complaint, subpoenas, and other process which are required to be delivered to the Secretary of Health, Education, and Welfare in actions arising under Title II of the Social Security Act shall be delivered to the Associate General Counsel, the Secretary to the Associate General Counsel, or the Secretary to the General Counsel, Office of the General Counsel, 330 Independence Avenue SW., Washington 25, D.C., or delivered to the Secretary to the Assistant General Counsel, Old-Age and Survivors Insurance Division, Office of the General Counsel, or the Supervisor (Docket, Files and Control Unit), Office of the General Counsel, Social Security Building, 6401 Security Boulevard, Baltimore 35, Maryland. The persons above designated are authorized to accept service of such process.

(Reorg. Plan No. 1 of 1953, 18 F.R. 2053, 3 CFR 1953 Supp.; sec. 205, 53 Stat. 1368, sec. 207, 72 Stat. 176, as amended; 42 U.S.C. 405 and 1400j) [28 F.R. 2860, Mar. 22, 1963]

PART 5-AVAILABILITY OF FINAL OPINIONS, ORDERS AND OFFICIAL RECORDS

Sec.

5.1

Public inspection of final opinions and orders and rules.

5.2 Public inspection of official records.

AUTHORITY: The provisions of this Part 5 issued under Reorg. Plan No. 1 of 1953, 18 F.R. 2053; 3 CFR, 1953 Supp.

SOURCE: The provisions of this Part 5 appear at 13 F.R. 8398, Dec. 28, 1948; 14 F.R. 1794, Apr. 14, 1949, unless otherwise noted. § 5.1

Public inspection of final opinions and orders and rules.

(a) The rules for the public inspection of final opinions or orders in the adjudication of cases and all rules applicable to the constituent organizations of the Department of Health, Education, and Welfare, are contained in the material published for the respective constituent organizations. All other final opinions or orders in the adjudication of cases, except those held by the Secretary of Health, Education, and Welfare, upon good cause, to be confidential and all rules are made available for inspection.

(b) Requests for permission to inspect the final opinions and orders and rules

made available for inspection by paragraph (a) of this section should be addressed to the Secretary of Health, Education, and Welfare, Department of Health, Education, and Welfare Building, Washington 25, D.C., unless otherwise directed by published organizational, procedural, or regulatory statements of the Department of Health, Education, and Welfare or its constituent organizations. Such requests must set forth the interest of the applicant in the subject matter.

§ 5.2 Public inspection of official records.

(a) The rules for the public inspection of official records applicable to the constituent organizations of the Department of Health, Education, and Welfare are contained in the material published for the respective constituent organizations. All other matters of official record of the Department of Health, Education, and Welfare are made available for inspection by persons properly and directly concerned except that the Department of Health, Education, and Welfare may for a good cause hold any official record confidential.

(b) Requests for permission to investigate the official records made available by paragraph (a) of this section should be addressed to the Secretary of Health, Education, and Welfare, Department_of Health, Education, and Welfare Building, Washington 25, D.C., unless otherwise directed by published organizational, procedural, or regulatory statements of the Department of Health, Education, and Welfare or its constituent organizations. Such requests must set forth the interest of the applicant in the subject matter.

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Inventions developed through the resources and activities of the Department are a potential resource of great value to the public health and welfare. It is the policy of the Department:

(a) To safeguard the public interest in inventions developed by Department employees, contractors and grantees with the aid of public funds and facilities;

(b) To encourage and recognize individual and cooperative achievement in research and investigations; and

(c) To establish a procedure, consistent with pertinent statutes, Executive orders and general Government regulations, for the determination of rights and obligations relating to the patenting of inventions.

[20 F.R. 6747, Sept. 14, 1965. Redesignated at 31 F.R. 12842, Oct. 1, 1966]

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It is the general policy of the Department that the results of Department research should be made widely, promptly and freely available to other research workers and to the public. This availability can generally be adequately preserved by the dedication of a Government-owned invention to the public. Determinations to file a domestic patent application on inventions in which the Department has an interest will be made where the circumstances indicate that this is desirable in the public interest, and if it is practicable to do so. Department determinations not to apply for a domestic patent on employee inventions are subject to review and approval by the Commissioner of Patents. Except where deemed necessary for protecting the patent claim, the fact that a patent application has been or may be filed will not require any departure from normal policy regarding the dissemination of the results of Department research.

[28 F.R. 2990, Mar. 27, 1963. Redesignated at 31 F.R. 12842, Oct. 1, 1966]

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§ 6.3

patents; li

Government-owned censing; dedication to the public. Licenses to practice inventions covered by patents and pending patent applications owned by the U.S. Government as represented by this Department will be royalty free, revocable, and nonexclusive. Except in unusual cases when it is determined that unconditional licensing would be contrary to the public interest, licenses will be issued to all applicants and will contain no limitations or standards relating to the quality of the products to be manufactured, sold, or distributed thereunder. To reduce the need for individual license applications, patents held for unconditional licensing shall be dedicated to the public as may be feasible.

[31 F.R. 12842, Oct. 1, 1966]

§ 6.4 Central records; confidentiality.

Central files and records shall be maintained of all inventions, patents, and licenses in which the Department has an interest, together with a record of all licenses issued by the Department under such patents. Invention reports required from employees or others for the purpose of obtaining determinations of ownership, and documents and information obtained for the purpose of prosecuting patent applications shall be confidential and shall be disclosed only as required for official purposes or with the consent of the inventor.

[20 F.R. 6747, Sept. 14, 1965]

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AUTHORITY: The provisions of this Part 7 issued under Reorg. Plan No. 1 of 1953, 18 F.R. 2053; 3 CFR, 1953 Supp. E.O. 10096, 15 F.R. 391; 3 CFR, 1950 Supp. and E.O. 10930, 26 F.R. 2583; 3 CFR 1961 Supp.

SOURCE: The provisions of this Part 7 appear at 27 F.R. 7986, Aug. 10, 1962, unless otherwise noted.

§ 7.0 Who are employees.

As used in this part, the term "Government employee" means any officer or employee, civilian or military, except such part-time employees or part-time consultants as may be excluded therefrom by a determination made in writing

by the head of the employee's office or constituent organization, pursuant to an exemption approved by the Commissioner of Patents that to include him or them would be impracticable or inequitable, given the reasons therefor. A person shall not be considered to be a part-time employee or part-time consultant for this purpose unless the terms of his employment contemplate that he shall work for less than the minimum number of hours per day, or less than a minimum number of days per week, or less than the minimum number of weeks per year, regularly required of full-time employees of his class.

§ 7.1 Duty of employee to report inventions.

Every Department employee is required to report to the Assistant Secretary (Health and Scientific Affairs) in accordance with the procedures established therefor, every invention made by him (whether or not jointly with others) which bears any relation to his official duties or which was made in whole or in any part during working hours, or with any contribution of Government facilities, equipment, material, funds, or information, or of time or services of other Government employees on official duty. [31 F.R. 12842, Oct. 1, 1966] § 7.3

Determination as to domestic

rights.

The determination of the ownership of the domestic right, title, and interest in and to an invention which is or may be patentable, made by a Government employee while under the administrative jurisdiction of the Department, shall be made in writing by the Assistant Secretary (Health and Scientific Affairs), in accordance with the provisions of Executive Order 10096 and Governmentwide regulations issued thereunder by the Commissioner of Patents as follows:

(a) The Government as represented by the Assistant Secretary (Health and Scientific Affairs) shall obtain the entire domestic right, title and interest in and to all inventions made by any Government employee (1) during working hours, or (2) with a contribution by the Government of facilities, equipment, materials, funds, or information, or of

time or services of other Government employees on official duty, or (3) which bear a direct relation to or are made in consequence of the official duties of the inventor.

(b) In any case where the contribution of the Government, as measured by any one or more of the criteria set forth in paragraph (a) of this section, to the invention is insufficient equitably to justify a requirement of assignment to the Government of the entire domestic right, title and interest in and to such invention, or in any case where the Government has insufficient interest in an invention to obtain the entire domestic right, title, and interest therein (although the Government could obtain same under paragraph (a) of this section, the Department, subject to the approval of the Commissioner, shall leave title to such invention in the employee, subject, however, to the reservation to the Government of a nonexclusive, irrevocable, royalty-free license in the invention with power to grant licenses for all governmental purposes, such reservation to appear, where practicable, in any patent, domestic or foreign, which may issue on such invention.

(c) In applying the provisions of paragraphs (a) and (b) of this section, to the facts and circumstances relating to the making of any particular invention, it shall be presumed that an invention made by an employee who is employed or assigned (1) to invent or improve or perfect any art, machine, manufacture, or composition of matter, (2) to conduct or perform research, development work, or both, (3) to supervise, direct, coordinate, or review Government financed or conducted research, development work, or both, or (4) to act in a liaison capacity among governmental or nongovernmental agencies or individuals engaged in such work, falls within the provisions of paragraph (a) of this section, and it shall be presumed that any invention made by any other employee falls within the provisions of paragraph (b) of this section. Either presumption may be rebutted by a showing of the facts and circumstances and shall not preclude a determination that these facts and circumstances justify leaving the entire right, title and interest in and to the

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