1. 10 CFR 600, Subpart D, Appendix A, Patent Rights (Large Business Firms) No Waiver – (a) Definitions as used in this clause, the Department of Energy DOE patent waiver regulations, patent waiver regulations in effect on the date of award. See 10 CFR part 784. Invention, as used in this clause, means any invention or discovery which is or may be patentable or otherwise protectable under title 35 of the United States Code or any novel variety of plant that is or may be protectable under the Plant Variety Protection Act (7 U.S.C. 2321, et seq.). when used in relation to any invention, means the conception or first actual Made, reduction to practice of such invention. a domestic university or other institution of higher education Nonprofit organization or an organization of the type described in section 501(c)(3) of the Internal Revenue Code of 1954 (26 U.S.C. 501(c)) and exempt from taxation under section 501(a) of the Internal Revenue Code (26 U.S.C. 501(a)) or any nonprofit scientific or educational organization qualified under a state nonprofit organization statute. Patent Counsel, as used in this clause, the Department of Energy Patent Counsel assisting the awarding activity. the Secretary of Energy. Secretary means a small business concern as defined at section 2 of Pub. L. business firm (15 U.S.C. 532) and implementing regulations of the Administrator of the Small Business Administration. For the purpose of this clause, the size standards for small business concerns involved in Government procurement and subcontracting at 13 CFR 121.3-8 and 13 CFR 121.312, respectively, will be used. as used in this clause, any invention of the Recipient conceived or Subject invention, first actually reduced to practice in the course of or under this agreement; provided, that in the case of a variety of plant, the date of determination (as defined in section 41(d) of the Plant Variety Protection Act, 7 U.S.C. 2401(d)) must also occur during the period of agreement performance. (b) Allocations of Principal Rights (1) Assignment to the Government. The Recipient agrees to assign to the Government the entire right, title, and interest throughout the world in and to
1. 10 CFR 600, Subpart D, Appendix A, Patent Rights (Large Business Firms) – No Waiver (a) Definitions DOE patent waiver regulations, as used in this clause, the Department of Energy patent waiver regulations in effect on the date of award. See 10 CFR part 784. Invention, as used in this clause, means any invention or discovery which is or may be patentable or otherwise protectable under title 35 of the United States Code or any novel variety of plant that is or may be protectable under the Plant Variety Protection Act (7 U.S.C. 2321, et seq.). Made, when used in relation to any invention, means the conception or first actual reduction to practice of such invention. Nonprofit organization a domestic university or other institution of higher education or an organization of the type described in section 501(c)(3) of the Internal Revenue Code of 1954 (26 U.S.C. 501(c)) and exempt from taxation under section 501(a) of the Internal Revenue Code (26 U.S.C. 501(a)) or any nonprofit scientific or educational organization qualified under a state nonprofit organization statute. Patent Counsel, as used in this clause, the Department of Energy Patent Counsel assisting the awarding activity. Secretary the Secretary of Energy. business firm means a small business concern as defined at section 2 of Pub. L. (15 U.S.C. 532) and implementing regulations of the Administrator of the Small Business Administration. For the purpose of this clause, the size standards for small business concerns involved in Government procurement and subcontracting at 13 CFR 121.3-8 and 13 CFR 121.312, respectively, will be used. Subject invention, as used in this clause, any invention of the Recipient conceived or first actually reduced to practice in the course of or under this agreement; provided, that in the case of a variety of plant, the date of determination (as defined in section 41(d) of the Plant Variety Protection Act, 7 U.S.C. 2401(d)) must also occur during the period of agreement performance. (b) Allocations of Principal Rights (1) Assignment to the Government. The Recipient agrees to assign to the Government the entire right, title, and interest throughout the world in and to
0116_ARPA-E%20228%2C%20Attachment%202%20%28Intellectual%20Property%29%20-%20Large%20Businesses%20-%20No.docx