1. Identify the specific rights which the Petitioner desires to obtain (field of use, geographic area, exclusivity, term, etc.) 2. Give a brief description of the scope of work of the above contract. Specifically, describe the source of funding and the name of the cognizant DOE program director. 3. What is the dollar amount and period of performance of this contract? 4. To what extent is the work to be performed under the above identified contract useful in the production or utilization of special nuclear material or atomic energy? 5. Briefly describe Petitioner’s technical competence in the field of technology covered by the scope of work of this contract in terms of prior experience, know-how and patent position. (Attach exhibits to substantiate Petitioner’s technical competence, e.g., patents, technical publications, etc. If these are voluminous a representative sample is sufficient.) 6. Briefly describe the Petitioner’s established non-Governmental commercial position in the field covered by the scope of work of the above contract. (Discuss in terms of selling goods or providing services in such field outside of sales to the U.S. Government. Identify the proportion of sales to the Government. Attach exhibits to substantiate your commercial position, e.g., sales brochures, etc. If these are voluminous, a representative sample is sufficient.) 7. What is the financial and technological investment that has been made by Petitioner directly related to the work to be performed under this contract? 8. To what extent will the Petitioner make a substantial investment of financial resources or technology which will directly assist and promote further development of the work to be performed under the contract? 9. Why will the grant of the above-requested waiver more effectively promote the development and commercial utilization of any invention made under this contract? Specifically, identify any potential licensees or joint ventures interested in further development and commercialization of the work to be performed under the contract. If such commercialization is to be performed by licensee, summarize the licensee’s plans and intentions to effect such commercialization. 10. What will be the effect on competition and market concentration if the waiver is granted? Describe any competitive technologies or other factors which would reduce any anticompetitive effects of granting the waiver. Would the acquisition of the waiver rights requested be likely to place the Petitioner in a preferred or dominant position in this field? Give reasons for your conclusions.
1. Identify the specific rights which the Petitioner desires to obtain (field of use, geographic area, exclusivity, term, etc.) 2. Give a brief description of the scope of work of the above contract. Specifically, describe the source of funding and the name of the cognizant DOE program director. 3. What is the dollar amount and period of performance of this contract? 4. To what extent is the work to be performed under the above identified contract useful in the production or utilization of special nuclear material or atomic energy? 5. Briefly describe Petitioner’s technical competence in the field of technology covered by the scope of work of this contract in terms of prior experience, know-how and patent position. (Attach exhibits to substantiate Petitioner’s technical competence, e.g., patents, technical publications, etc. If these are voluminous a representative sample is sufficient.) 6. Briefly describe the Petitioner’s established non-Governmental commercial position in the field covered by the scope of work of the above contract. (Discuss in terms of selling goods or providing services in such field outside of sales to the U.S. Government. Identify the proportion of sales to the Government. Attach exhibits to substantiate your commercial position, e.g., sales brochures, etc. If these are voluminous, a representative sample is sufficient.) 7. What is the financial and technological investment that has been made by Petitioner directly related to the work to be performed under this contract? 8. To what extent will the Petitioner make a substantial investment of financial resources or technology which will directly assist and promote further development of the work to be performed under the contract? 9. Why will the grant of the above-requested waiver more effectively promote the development and commercial utilization of any invention made under this contract? Specifically, identify any potential licensees or joint ventures interested in further development and commercialization of the work to be performed under the contract. If such commercialization is to be performed by licensee, summarize the licensee’s plans and intentions to effect such commercialization. 10. What will be the effect on competition and market concentration if the waiver is granted? Describe any competitive technologies or other factors which would reduce any anticompetitive effects of granting the waiver. Would the acquisition of the waiver rights requested be likely to place the Petitioner in a preferred or dominant position in this field? Give reasons for your conclusions.
petition_for_advance_waiver_of_patent_rights_10_cfr_part_784.docx