Agency:
Scheme Nickname:
Patent licenses under Part 81
Informal proceedings in which a license applicant, licensee, or interested third-parties can appeal a decision by the Commission concerning the grant, denial, interpretation, or revocation of a patent license issued by NRC under the Atomic Energy Act. (See 48 CFR Part 81). Appeals are heard by a 3-member NRC Invention Licensing Appeal Board, as designated by the NRC Executive Director for Operations.
Adjudication Levels:
| Level | Name of Office | Sub-Agency/Bureau/Division: | Are administrative appeals permitted from final decisions at this stage? |
|---|---|---|---|
Appeal Level 1 | Executive Director for Operations | No |
Comments/Notes on Adjudication Structure:
The Commission makes determinations regarding issuance, modification, or revocation of exclusive or nonexclusive licenses to patents held by NRC (or US patents controlled by NRC); such patent license determinations are made without hearings. Aggrieved applicants and licensees, or interested parties, may appeal the Commission's decisions to the NRC Invention Licensing Appeal Board. In a strict sense, since the Commission does not hold hearings for its patent license decisions, NRC Invention Licensing Appeal Board proceedings may be considered "hearing-level" determinations. However, since the role -- and procedures -- of the Appeal Board are most akin to an appellate body, it is treated here as "Appeal Level 1" and there is no hearing level for this scheme.
Types of Adjudication:
Type B
Verified by Agency:
Not verified
Is this a Major Adjudication:
Yes
