practical application without an exclusive license, and contains documentation in support thereof; or

(3) A protest is filed by any person with the Administrator within 30 days after such publication, setting forth reasons why it would not be in the public interest to grant the proposed exclusive license.

The Administrator shall make a decision with respect to any such application or protest under paragraphs (d)(1), (2), and (3) of this section, which decision shall be final and conclusive unless appealed as provided in this part.

(e) Exception to exclusivity. Unless the exclusive license specifically limits the authority of the Administrator to do so, the Administrator may issue a nonexclusive license under a Department invention which is the subject of an exclusive license if he determines it in the public interest in connection with:

(1) Settlement of an interference with respect to such invention; or

(2) Obtaining the release of a claim of infringement with respect to such invention; or

(3) An exchange for a license to the Government under adversely held patents, including improvement patents and inventions, relating to such invention.

(f) Litigation. An exclusive licensee shall, during the period of the license, have the right to sue at his own expense infringers of the licensed patent. The licensee may join the Government, upon its consent, as a party complainant in such a suit, but without expense to the Government, and the licensee shall pay all costs, and any final judgment or decree that may be rendered against itself or the Government as a result of such suit. If, as a result of any litigation, the licensed patent is declared invalid, the licensee shall be relieved from any further obligation under the license.

§ 19.6 Application for licenses.

(a) Nonexclusive licenses. An application for a nonexclusive license under a Department invention shall be addressed to the Administrator, and shall include:

(1) The name and address of the applicant;

(2) The identity of the invention; (3) A request for a nonexclusive license on such invention; and

(4) The purpose for which the license is desired.

(b) Exclusive licenses. An application for an exclusive license under a Department invention shall be addressed to the Administrator, and shall include:

(1) The name and address of the applicant, the type of business engaged in, and information as to the nationality of the applicant, or, in the case of corporation, whether at least 51 percent of the stock is owned by citizens of the United States, and whether it is controlled by such citizens;

(2) The identity of the invention; (3) A request for an exclusive license on such invention;

(4) The purpose for which the license is desired;

(5) A description of applicant's capabilities to undertake the industrial and market development required to develop the invention to the point of practical application;

(6) The time and expenditure which the applicant estimates is required to develop the invention to the point of practical application, and a statement of the applicant's intention to invest that sum of money in development of the invention if the license is granted;

(7) The amount which the applicant considers to be a fair return on his expenditure under the license;

(8) The period of exclusive license which the applicant believes to be the minimum necessary to give a reasonable expectation of said fair return;

(9) Whether the applicant would be willing to accept an exclusive license to practice the invention in a limited field of use and for a geographical area less than the entire United States of America, its territories and possessions. If so, define the geographic portion and/or limited field of use; and

(10) Any other facts which the applicant believes would show it to be in the interests of the Government to grant an exclusive license to the applicant.

(c) Fees. Each application for an exclusive license must be accompanied

by a certified or cashier's check, or bank or other recognized money order, in the amount of One Hundred Dollars ($100.00). Such fee is for the purpose of partially covering administrative expenses of issuing the license. The fee will be refunded in full if the applicant is not granted the license.

§ 19.7 Advertising and marking.

(a) No advertising shall refer to the license, the Department of Agriculture, or the Government.

(b) An exclusive license shall require the licensee to mark the article made under the license by fixing thereon the word "patent" or the abbreviation "pat.", together with the number or numbers of such patent or patents as may be applicable. Likewise, where applicable, the words "patent applied for" or the abbreviation "pat. appl.” together with the number or numbers of such applications shall be marked on the article. When, from the character of the article, this cannot be done, the article shall have fixed to it or to the package wherein one or more of them are contained, a label containing a like notice.

period as the Administrator may fix for good cause shown in writing. The Administrator may require, as a condition of the reissuance, that the licensee develop the invention to the point of practical application within a specified period.

§ 19.10 Disputes.

Any dispute arising under a license which is not disposed of by mutual agreement shall be decided by the Administrator who shall reduce his decision to writing and mail or otherwise furnish a copy thereof to the licensee. His decision shall be final and conclusive, unless within 30 days after receipt thereof, or such longer period as the Secretary may determine, the licensee mails or otherwise furnishes to the Administrator a written appeal addressed to the Secretary of Agriculture.

§ 19.11 Decisions on refusal to issue or reissue licenses and revocations.

Any decision by the Administrator pursuant to § 19.5(d) in connection with issuance of an exclusive license, any revocation by the Administrator of a license or a sublicense pursuant to § 19.8, and any decision by the Administrator refusing a request pursuant to § 19.9 for reissuance of a license, shall be reduced to writing. The Administrator shall mail or otherwise furnish a copy of his decision to the applicant, licensee, sublicensee, or protestant. His decision shall be final and conclusive, unless within 30 days after receipt thereof, or such longer period as the Secretary may determine, the applicant, licensee, sublicensee, or protestant mails or otherwise furnishes to the Administrator a written appeal addressed to the Secretary of Agriculture.

§ 19.12 Appeals.

Any person filing an appeal pursuant to § 19.10 or § 19.11 shall be afforded an opportunity to be heard before an Appeals Board, and to offer evidence in support of his appeal. The procedures to be followed in any such matter shall be determined by the Secretary of Agriculture. The Appeals Board shall make findings of fact and

The regulations of this Part 20 are issued to implement the export sales reporting requirements of section 812 of the Agricultural Act of 1970 as added by the Agriculture and Consumer Protection Act of 1973. Section 812 provides as follows:

All exporters of wheat and wheat flour, feed grains, oilseeds, cotton and products thereof, and other commodities the Secretary may designate produced in the United States shall report to the Secretary of Agriculture, on a weekly basis, the following information regarding any contract for export sales entered into or subsequently modified in any manner during the reporting period: (a) Type, class, and quantity of the commodity sought to be exported, (b) the marketing year of shipment, (c) destination, if known. Individual reports shall remain con

fidential but shall be compiled by the Secretary and published in compilation form each week following the week of reporting. All exporters of agricultural commodities produced in the United States shall upon request of the Secretary of Agriculture immediately report to the Secretary any information with respect to export sales of agricultural commodities and at such times as he may request. When the Secretary requires that such information be reported by exporters on a daily basis, the information compiled from individual reports shall be made available to the public daily. Any person (or corporation) who knowingly fails to report export sales pursuant to the requirements of this section shall be fined not more than $25,000 or imprisoned not more than one year, or both. The Secretary may, with respect to any commodity or type or class thereof during any period in which he determines that there is a domestic supply of such commodity substantially in excess of the quantity needed to meet domestic requirements, and that total supplies of such commodity in the exporting countries are estimated to be in surplus, and that anticipated exports will not result in excessive drain on domestic supplies, and that to require the reports to be made will unduly hamper export sales, provide for such reports by exporters and publishing of such data to be on a monthly basis rather than on a weekly basis.

(Sec. 812, 87 Stat. 238, as amended (7 U.S.C. 612c-3))

[Rev. 2, 40 FR 23839, June 3, 1975, as amended at 43 FR 5497, Feb. 9, 1978]

§ 20.2 Administration.

The regulations of this part will be administered by the Foreign Agricultural Service (FAS) under the general supervision of the Administrator, FAS. Information pertaining to these regulations may be obtained from the office specified in § 20.10.

(Sec. 812, 87 Stat. 238, as amended (7 U.S.C. 612c-3))

[Amdt. 3, 45 FR 8562, Feb. 8, 1980]

§ 20.3 Delegation of authority.

Authority has been delegated to the Administrator to promulgate amendments and revisions to the regulations in this part.

(Sec. 812, 87 Stat. 238, as amended (7 U.S.C. 612c-3))

[Amdt. 3, 45 FR 8562, Feb. 8, 1980]

As used in these regulations and in all instructions, forms, and documents pertaining hereto, the words and phrases defined in this section shall have the meaning assigned to them as follows:

(a) “Administrator.” The Administrator, Foreign Agricultural Service, U.S. Department of Agriculture.

(b) "Buy-back contract." A transaction under which a reporting exporter having sold a commodity for export to a foreign buyer liquidates the export sale contract by making an offsetting purchase of the same kind of commodity from the same foreign buyer.

(c) "Commodity." Wheat and wheat flour, feed grains, oilseeds, cotton, and products thereof and any other agricultural commodity the Secretary may designate. "Commodity" shall also mean a commodity having identifying characteristics as described in any announcement issued pursuant to § 20.5 such as class(es) of wheat, or staple length(s) of cotton. Mixed wheat shall be considered to be the predominant wheat class of the blend. This definition excludes commodities to be used for seed which have been treated in such a manner that their use is limited to seed for planting purposes or on which a certificate has been issued by a recognized seed testing laboratory setting forth variety, germination and purity.

(d) "Country of destination." (1) Any country outside the United States or (2) any territory or possession of the United States. Country of destination shall be the ultimate destination.

(e) "Export." A shipment of a commodity from the United States destined to a country specified in paragraph (d) of this section. The commodity shall be deemed to have been exported on the date of the applicable export carrier onboard bill of lading or the date the commodity is received for shipment, as specified on the bill of lading, in the case of a commodity received for shipment in a lash barge or containerized van if a through onboard bill of lading is issued for shipment to a country specified in paragraph (d) of this section.

(f) "Export carrier." The vessel on which a commodity is exported from

the United States to a country specified in paragraph (d) of this section, or if export is by railcar, truck, or airplane, "export carrier" means such railcar, truck, or airplane.

of

(g) "Exports for exporter's own account." A transaction involving shipments made by the reporting exporter which are unsold at the time export, shipments on consignment to selling agents of the reporting exporter for subsequent sale for the account of the reporting exporter, shipments by the reporting exporter that have not been allocated to any outstanding export sale, and shipments from the United States to Canada in bond for subsequent shipment to a third country.

(h) "Export sale". A transaction entered into between a reporting exporter and a foreign buyer. The transaction must be represented by a written document evidencing that (1) the exporter agrees to export the commodity, (2) the foreign buyer agrees to receive the commodity, (3) a fixed price or an agreed upon mechanism by which such a price can be determined is established, and (4) payment will be made to or for the account of the reporting exporter by or on the behalf of the foreign buyer for delivery of the commodity. The quantity of "outstanding export sale" means the quantity not yet exported under an export sale. The terms of delivery specified in the written agreement, such as FAS vessel, FOB vessel, C&F, CIF, etc., do not determine whether a transaction is an export sale which must be reported. A transaction which otherwise meets this definition and is subject to the posting of an exporter performance bond or letter of credit from the foreign buyer is included in this definition and such a transaction shall be reported under these regulations. However, a transaction which becomes operative only upon the imposition of export controls is excluded from this definition of “export sale” and such a transaction shall not be reported under these regulations.

(i) "Foreign buyer and foreign seller." A person whose place of doing business with respect to the transaction is outside the United States. Foreign buyer or foreign seller includes a

person who maintains a place of doing business outside the United States even though the transaction is concluded in the United States by his agent who has a place of business in the United States or by his employee who does not maintain a place of doing business in the United States. (If such employee maintains a place of doing business in the United States with respect to the transaction, the resulting contract is construed to be a domestic sale.) Notwithstanding the foregoing, all foreign governments, agencies and instrumentalities are considered foreign buyers or foreign sellers even though transactions are concluded by their employees in the United States or they maintain a place of business with respect to the transaction in the United States.

(j) "Marketing year." The reporting period specified for a commodity in Appendix 1.

(k) "Optional origin contracts." A transaction involving an export sale contract between a reporting exporter and a foreign buyer under which the reporting exporter has the option of exporting the commodity from the United States or from one or more other exporting countries or an export sale contract under which no origin is specified.

(1) "Person." An individual, partnership, corporation, association or other legal entity.

(m) "Purchases from foreign sellers.” A transaction involving the purchase of a commodity from a seller whose place of business with respect to the transaction is outside the United States.

(n) "Quantity." The actual contract quantity (exclusive of any upward or downward tolerance) specified in the agreement between the reporting exporter and foreign buyer or seller.

(o) "Reporting exporter." A person who enters into a transaction referred to in this section whose place of doing business with respect to such transaction is in the United States. A reporting exporter shall include any person who sells a commodity to a foreign buyer irrespective of whether or not such person may appear as the shipper on the export documentation or whether or not such person is required

to file a Shipper's Export Declaration. A reporting exporter would not normally include agents of either the reporting exporter or foreign buyer, brokers, or freight forwarders unless such agents, brokers or freight forwarders are acting in the capacity of a principal. (See examples § 20.6(c).)

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(p) "United States.' All of the 50 States, the District of Columbia and Puerto Rico.

(Sec. 812, Pub. L. 91-524, as amended by Pub. L. 93-86, sec. 1(27)(B), 87 Stat. 238 (7 U.S.C. 612c-3))

[Rev. 2, 40 FR 23839, June 3, 1975, as amended by Amdt. 1, 41 FR 19950, May 14, 1976; Amdt. 3, 45 FR 8562, Feb. 8, 1980; Amdt. 4, 45 FR 24104, Apr. 9, 1980]

§ 20.5 Announcements.

Commodities for which reports are required under these regulations are set forth in Appendix 1 to this part. Any change therein will be made by publication in the FEDERAL REGISTER of an amendment thereto, and, in addition, announcement of such change will be made through the press and ticker service. The unit of measure to be used in reporting the commodity, the beginning and ending dates of the marketing year for each commodity, and any other information deemed necessary to be included in the report will be specified in Appendix 1 to this part and amendments thereto and in the announcements through press and ticker service.

§ 20.6 Submission of reports.

(a) Weekly reports. For each commodity for which reports are required under these regulations, the reporting exporter shall file weekly with the office specified in § 20.10 and not later than the time specified in paragraph (k) of this section, a report by marketing year on the applicable forms contained in Appendix 2 (FAS-97, "Report of Optional Origin Sales," FAS-98, "Report of Export Sales and Exports," and on FAS-100, "Report of Exports for Exporter's Own Account"), setting forth the following information and that required by such forms. Information for each applicable item on the respective form shall be reported. If the reporting exporter de