5359.1 WASA shall have the right to receive title to any invention made in the performance of a contract unless the contract provides otherwise. If the contract extends a limited right to the contractor WASA shall have the right nevertheless to receive title in the following circumstances:

1. (a) If the contractor does not disclose the intention to acquire patent rights within the time specified in the contract;
2. (b) In any instance where the contractor does not elect to retain rights or fails to elect to retain rights to the invention within the time specified in the contract;
3. (c) In any instance where the contractor has not filed a patent application within the time specified in the contract;
4. (d) In any instance where the contractor decides not to continue prosecution of a patent application, pay maintenance fees, or defend in a re-examination or opposition proceeding on the patent; or
5. (e) In any instance where the contractor no longer desires to retain title.

5359.2 For purposes of this section, an invention is made in the performance of work under a WASA contract if it is conceived or first actually reduced to practice in the performance of work under a WASA contract.

5359.3 For purposes of this section, an invention is any device, process, design or other discovery that is or may be patentable or otherwise entitled to protection under Title 35 of the United States Code.

SOURCE: Emergency Rulemaking published at 46 DCR 613 (January 22, 1999) [EXPIRED]; as Final Rulemaking published at 46 DCR 7349 (September 17, 1999).