USES AND USE RESTRICTIONS:
Nonexclusive, revocable licenses are granted by Department of Energy (DOE) to
responsible applicants with plans for development and/or marketing on
approximately 1,200 DOE owned United State patents. Exclusive and partially
exclusive licenses may also be granted. Similar licenses on approximately 200
DOE owned foreign patents may be accorded to United State citizens and
corporations, and to others under terms and conditions which depend upon
particular facts. Licenses for use or sale in the United State may normally be
granted only to licensees that agree to manufacture in the United State Copies
of U.S. patents may be obtained from the United State Patent and Trademark
Office, Department of Commerce, Washington, DC 20231, at $3.00 per copy.
ELIGIBILITY REQUIREMENTS:
Applicant Eligibility: Individuals, firms, or
corporations with satisfactory plans and intentions to commercialize the
invention may apply.
Beneficiary Eligibility: Individuals, firms, and
corporations will benefit.
Credentials/Documentation: Satisfactory plans for
development and/or marketing of the invention. In the case of corporations,
the State of incorporation. This program is excluded from coverage under OMB
Circular No. A-87.
APPLICATION AND AWARD PROCESS:
Pre-application Coordination: This program is
excluded from coverage under OMB Circular No. A-102 and E.O. 12372.
Application Procedure: By letter to the Assistant
General Counsel for Patents, DOE, Washington, DC 20585, identifying the patent
by its number, together with information as to: (1) The nature and type of the
applicant's business; (2) the purpose for which the license is desired
together with documentation as to the applicant's plan for development and/or
marketing of the invention to achieve that purpose; (3) the geographical areas
in which the applicant will practice the invention; (4) the applicant's
willingness to render periodic reports on the use of the licensed subject
matter; (5) the applicant's status as a small business firm, minority
business, or other; and (6) remittance of a $25 processing fee for each
license requested. This program is excluded from coverage under OMB Circular
No. A-110.
Award Procedure: Patent licenses are issued by
the Office of the Assistant General Counsel for Patents, DOE.
Deadlines: None.
Range of Approval/Disapproval Time: Normally
three months for nonexclusive licenses; somewhat longer for exclusive
licenses.
Appeals: Applicants denied a license and revoked
licensees have the right to appeal in accordance with 10 CFR 781 by filing
notice of appeal within 30 days. Appeals board is designated upon filing of
notice of appeal.
Renewals: Licenses may be renewed upon
reapplication, contingent on satisfactory performance.
ASSISTANCE CONSIDERATIONS:
Formula and Matching Requirements: Not applicable.
Length and Time Phasing of Assistance: Not
applicable.
POST ASSISTANCE REQUIREMENTS:
Reports: Annual reports are required to be submitted
as to the extent of utilization and royalties due, if applicable.
Audits: If license is royalty bearing, DOE has
the right to inspect the books of account as necessary to determine accuracy
of statement.
Records: None except where the specific license
provides for payment of royalty.
FINANCIAL INFORMATION:
Account Identification: 89-0228-0-1-276.
Obligations: (Salaries) Not separately
identifiable.
Range and Average of Financial Assistance: Not
applicable.
PROGRAM ACCOMPLISHMENTS:
Approximately six licenses are expected to be granted in fiscal years 2001 and
2002.
REGULATIONS, GUIDELINES, AND LITERATURE:
Licensing of government owned inventions (37 CFR 404). 10 CFR 781, DOE Patent
Licensing Regulations; "U.S. Department of Energy Patents Available for
Licensing" describes the program and is available from the Technical
Information Center. Abstracts of most DOE owned patents are published in
"Government Inventions for Licensing," a journal published by the
National Technical Information Service (NTIS).
INFORMATION CONTACTS:
Regional or Local Office: Not applicable.
Headquarters Office: Robert J. Marchick, Office
of the Assistant General Counsel for Patents, DOE, Washington, DC 20585.
Telephone: (202) 586-2802. Use the same number for FTS.
Web Site Address: http://www.doe.gov.
EXAMPLES OF FUNDED PROJECTS:
Not applicable.
CRITERIA FOR SELECTING PROPOSALS:
Nonexclusive licenses - satisfactory plan for development and/or marketing of
the invention. Exclusive licenses in addition, a determination in accordance
with 35 U.S.C. 209(c) that exclusivity is reasonable and necessary for
commercialization.
