---
kind: "section"
citation: "10 C.F.R. § 780.20"
title: "10"
number: "780.20"
heading: "Initiation of proceeding."
url: "https://uscodex.org/cfr/10/780.20"
---

# §780.20. Initiation of proceeding.


When any person in the Department believes that the Department should declare a patent affected with the public interest pursuant to section 153a of the Act, that person shall make such a recommendation to the Under Secretary. If, after consultation with the General Counsel, the Under Secretary agrees with the recommendation, the Under Secretary shall initiate in writing a proceeding under [section 153a](/cfr/10/153a.md) before the Board. The communication of the Under Secretary to the Board shall identify the patent and state the basis for the proposed declaration.


## Notes

### Authority

Authority: 42 U.S.C. 7151, 7254; 42 U.S.C. 5814, 5815; 42 U.S.C. 2183, 2187, 2223; 35 U.S.C. 183; North American Free Trade Agreement, Article 1709(10), as implemented by the North American Free Trade Agreement Implementing Act, Pub. L. 103-182.

### Source

Source: 46 FR 39581, Aug. 4, 1981, unless otherwise noted.