Requests for Waiver of the U.S. Manufacturing Requirement in Licenses to Extramural Inventions
Federal agencies have the authority to waive the preference for United States industry requirement when a contractor (see 37 CFR 401.2 (b)) assigns or licenses a contractor owned invention (35 U.S.C. 204). Extramural institutions may request such a waiver on behalf of its licensees. Agencies will comply with 35 U.S.C. 204 in making determinations regarding the grant of a waiver of the U.S. manufacturing requirement. Section 204 states:
The approval process requires that contractor organizations provide information and justification for the request as outlined below. In addition to addressing the questions, any other information which the contractor believes pertinent to why the assignment is necessary and in the public interest may be submitted.
Request for Waiver Form Please note that this form is only compatible with PCs - please e-mail the agency for assistance if you are using a MAC.
After filling out the form, please attach and e-mail the request to the Federal agency for disposition. Please note that the review that can lead to the approval of U.S. Manufacturing waiver request will not commence until the answers to the questions and all pertinent information has been received. Should you have further questions, or should you prefer to submit information in hard copy, please direct inquiries and information to:
NIST Technology Partnerships Office
Appeals to determinations under this authority will be addressed in accordance with 37 CFR 401.11.
Requests for waivers from the National Institutes of Health (NIH) should be completed and submitted directly to NIH: Requests for Waiver.