Re: I.P. and export controls Pamela Miller 02 Aug 2005 10:58 EST

Val,

I attended one of NCURA's export control seminars and from this I learned
that published patent information (not proprietary information not publicly
disclosed) and information published and shared with the scientific
community falls under the Fundamental Research Exclusion (FRE) and is not
subject to export controls of EAR/ITAR.  More seminar info is on the NCURA
web site:
http://www.ncura.edu/docs/export.html

Pam

At 08:47 AM 8/2/2005 -0500, you wrote:
>Greetings!
>
>Yesterday I had a conversation with a faculty member who raised some
>interesting questions concerning patents and export controls.  I thought I
>would check with my learned colleagues to see if others have encountered
>these same issues, or perhaps could point me towards some experts or
>resources that could assist in answering these.
>
>1.  If a patent is applied for and the subject matter of the patent and
>perhaps the item itself could fall under export controls, could the patent
>be denied?  Or, if the patent is allowed, would that be any kind of
>acknowledgement that it does not have export control ramifications?  Or,
>could the patent even be issued/allowed but have limitations placed on it
>by the government as to subsequent licensing?
>
>2.  What impact, if any, do export controls have if you are looking to
>publish a paper in an International Journal?
>
>Thank you for your time and any input you can provide.
>
>Valrey V. Kettner
>Assistant Vice President
>Sponsored Programs Administration
>North Dakota State University
>phone:  701-231-9608
>email:  xxxxxx@ndsu.edu
>
>
>======================================================================
>Instructions on how to use the RESADM-L Mailing List, including
>subscription information and a web-searchable archive, are available
>via our web site at http://www.hrinet.org (click on "Listserv Lists")
>======================================================================

Pamela F. Miller, Ph.D.
Director, Office of Sponsored Projects
The University of San Francisco
2130 Fulton Street
San Francisco, CA  94117-1080
TEL  415-422-5368
FAX  415-422-6222
EMAIL  xxxxxx@usfca.edu

======================================================================
 Instructions on how to use the RESADM-L Mailing List, including
 subscription information and a web-searchable archive, are available
 via our web site at http://www.hrinet.org (click on "Listserv Lists")
======================================================================