---
kind: "section"
citation: "37 C.F.R. § 404.8"
title: "37"
number: "404.8"
heading: "Application for a license."
url: "https://uscodex.org/cfr/37/404.8"
---

# §404.8. Application for a license.

- (a) An application for a license should be addressed to the Federal agency having custody of the invention and shall normally include:
  - (1) Identification of the invention for which the license is desired including the patent application serial number or patent number, title, and date, if known;
  - (2) Identification of the type of license for which the application is submitted;
  - (3) Name and address of the person, company, or organization applying for the license and the citizenship or place of incorporation of the applicant;
  - (4) Name, address, and telephone number of the representative of the applicant to whom correspondence should be sent;
  - (5) Nature and type of applicant's business, identifying products or services which the applicant has successfully commercialized, and approximate number of applicant's employees;
  - (6) Source of information concerning the availability of a license on the invention;
  - (7) A statement indicating whether the applicant is a small business firm as defined in [§ 404.3(c)](/cfr/37/404.3.md?p=c);
  - (8) A detailed description of applicant's plan for development or marketing of the invention, or both, which should include:
    - (i) A statement of the time, nature and amount of anticipated investment of capital and other resources which applicant believes will be required to bring the invention to practical application;
    - (ii) A statement as to applicant's capability and intention to fulfill the plan, including information regarding manufacturing, marketing, financial, and technical resources;
    - (iii) A statement of the fields of use for which applicant intends to practice the invention; and
    - (iv) A statement of the geographic areas in which applicant intends to manufacture any products embodying the invention and geographic areas where applicant intends to use or sell the invention, or both;
  - (9) Identification of licenses previously granted to applicant under federally owned inventions;
  - (10) A statement containing applicant's best knowledge of the extent to which the invention is being practiced by private industry or Government, or both, or is otherwise available commercially; and
  - (11) Any other information which applicant believes will support a determination to grant the license to applicant.
- (b) An executed CRADA which provides for the use for research and development purposes by the CRADA collaborator under that CRADA of a Federally-owned invention in the Federal laboratory's custody (pursuant to 35 U.S.C. [209](/usc/35/209.md) and [15](/usc/35/15.md) U.S.C. 3710a(b)(1)), and which addresses the information in [paragraph (a)](#a) of this section, may be treated by the Federal laboratory as an application for a license.

## Notes

### Amendments

[83 FR 15963, Apr. 13, 2018]

### Authority

Authority: 35 U.S.C. 207-209, DOO 30-2A.

### Source

Source: 50 FR 9802, Mar. 12, 1985, unless otherwise noted.

### Amendments

[83 FR 15963, Apr. 13, 2018]