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10 CFR § 780.20 - Initiation of proceeding.

---
identifier: "/us/cfr/t10/s780.20"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "10 CFR § 780.20 - Initiation of proceeding."
title_number: 10
title_name: "Energy"
section_number: "780.20"
section_name: "Initiation of proceeding."
chapter_name: "DEPARTMENT OF ENERGY"
part_number: "780"
part_name: "PATENT COMPENSATION BOARD REGULATIONS"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
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."
regulatory_source: "46 FR 39581, Aug. 4, 1981, unless otherwise noted."
cfr_part: "780"
---

# 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 before the Board. The communication of the Under Secretary to the Board shall identify the patent and state the basis for the proposed declaration.