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B-199026 1 (1981-02-11)

handle is hein.gao/gaobadjcg0001 and id is 1 raw text is: 

                0tLE R C           iO.-~~
              ..
              o, • ,    tHE COMPTROLLER OENERAL
DECISION                OF 'THE UNITED STATEB
                        WASHINGTON. 0. C'. 20548
                  F1T                el


         B-1990 26 s    DATE: Febru~dry -11, 1981


MATTER OF:


DIGEST:


Government acquisition of license to
employee's invention


License contract for patent between Government
employee-inventor and Air Force would not be
legal or appropriate if employee is in position
to order, influence, or induce use of invention
pursuant to 28 U.S.C. § 1498 (1976), even though
employee's invention was not related to his
official duties and there was no contribution of
Government equipment, facilities, materials or
information. If employee can be insulated from
decision to use patented device so as to avoid
violation of conflict of interest statutes and
regulations, the Air Force may enter into li-
cense agreement. Neither DAR 1-302.6, 28 U.S.C.
§ 1498 nor Executive Order 10096 would prohibit
such an arrangement.


     This decision is in response to a~request by Andrew R.
Jeffers,Ka civil service employeeof the United States Air
ForceIat Wright-Patterson AFB, Ohio,for our opinion on the
propriety of licensing his patent to the Government~ More
specifically, >lr. Jeffers has requested that we fin& the Air
Force Determination of Rights with respect to his invention
valid, and that it would be legally justifiable and appropri-
ate for the Air Force to acquire a license to his invention-)
pursuant to DAR 1-302.6 and 28 U.S.C. § 1498 (1976);

     In July of 1969,LUIr. Jeffers invented-a high contrast
legend light display lens. This evice was designed to
enable aircraft pilots to see important displays such as
caution and -arning lights in sunlight. If the ordinary
colored lens was replaced by a high contrast lens, standard
aircraft warning lights become visible in very high light
environmients.

    _ifter L1r. Jeffers had developed the invention, he
requested that the Department of the Air Force make a Deter-
mination of Rightsjpursuant to Executive Order 'No. 10096,
23 January 1950, as amended by Executive Order 11o. 10930 and
Executive Order No. 10695, 35 U.S.C. § 266nt. (1976) and AFR
110-8.



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