120.11—Public domain.
(a)
Public domain means information which is published and which is generally accessible or available to the public:
(2)
Through subscriptions which are available without restriction to any individual who desires to obtain or purchase the published information;
(6)
Through unlimited distribution at a conference, meeting, seminar, trade show or exhibition, generally accessible to the public, in the United States;
(7)
Through public release (i.e., unlimited distribution) in any form (e.g., not necessarily in published form) after approval by the cognizant U.S. government department or agency (see also § 125.4(b)(13) of this subchapter);
(8)
Through fundamental research in science and engineering at accredited institutions of higher learning in the U.S. where the resulting information is ordinarily published and shared broadly in the scientific community. Fundamental research is defined to mean basic and applied research in science and engineering where the resulting information is ordinarily published and shared broadly within the scientific community, as distinguished from research the results of which are restricted for proprietary reasons or specific U.S. Government access and dissemination controls. University research will not be considered fundamental research if:
(i)
The University or its researchers accept other restrictions on publication of scientific and technical information resulting from the project or activity, or
(ii)
The research is funded by the U.S. Government and specific access and dissemination controls protecting information resulting from the research are applicable.