10 C.F.R. § 780.41

Current through September 30, 2024
Section 780.41 - Contents of application

In addition to the information specified in § 780.5 , each application shall contain the following:

(a) The applicant's contention, with supporting data, that the invention or discovery covered by the patent is of primary importance in the production or utilization of special nuclear material or atomic energy;
(b) The applicant's contention, with supporting data, that the licensing of such invention or discovery is of primary importance to the conduct of the activities of the applicant, including information concerning:
(1) The activities in the production or utilization of special nuclear material or atomic energy to which applicant proposes to apply the license;
(2) The nature and purpose of the applicant's intended use of the patent license; and
(3) The relationship of the invention or discovery to the activities to which it is to be applied, including an estimate of the effect of such activities stemming from the grant or denial of the license.
(c) The applicant's contention, with supporting data, that the activities to which the patent license are proposed to be applied are of primary importance to the furtherance of policies and purposes of the Act;
(d) The applicant's contention, with supporting data, that such applicant cannot otherwise obtain a patent license from the owner of the patent on terms which are reasonable for the applicant's intended use of the patent, including information concerning:
(1) Efforts made by applicant to obtain a patent license from the owner of the patent; and
(2) Terms, if any, on which the owner of the patent proposed to grant applicant a patent license.
(e) The terms the applicant proposes as reasonable for the patent license; and
(f) A copy of any license, permit, or lease obtained by the applicant under the procedures outlined in section 153(c) of the Act.

10 C.F.R. § 780.41