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81.003 Granting of Patent Licenses
OFFICE OF GENERAL COUNSEL, DEPARTMENT OF ENERGY
Public Law 96-517, 35 U.S.C. 207, 208, 209; Atomic Energy Act of 1954, Sections 156 and 161(g), as amended, Public Law 83- 703, 68 Stat. 919, 42 U.S.C. 2186 and 2201; Department of Energy Organization Act of 1977, as amended, Public Law 95-91, 42 U.S.C. 7101.
To encourage widespread utilization of inventions covered by DOE owned patents.
TYPES OF ASSISTANCE:
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.
Applicant Eligibility: Individuals, firms, or corporations with satisfactory plans and intentions to commercialize the invention may apply.
Pre-application Coordination: This program is excluded from coverage under OMB Circular No. A-102 and E.O. 12372.
Formula and Matching Requirements: Not applicable.
POST ASSISTANCE REQUIREMENTS:
Reports: Annual reports are required to be submitted as to the extent of utilization and royalties due, if applicable.
Account Identification: 89-0228-0-1-276.
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).
Regional or Local Office: Not applicable.
EXAMPLES OF FUNDED PROJECTS:
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.