certain rights in this invention." (5) The Recipient agrees to provide a report prior to the close-out of a funding agreement listing all subject inventions or stating that there were none. (6) The Recipient agrees to provide, upon request, the filing date, patent application number and title; a copy of the patent application; and patent number and issue date for any subject invention in any country in which the contractor has applied for a patent. (7) The Recipient agrees to provide an annual listing of all subject inventions which were disclosed to the agency during the period covered by the report. (g) Subaward/Contract (1) The Recipient will include an appropriate Patent Rights clause, suitably modified to identify the parties, in all subawards/contracts, regardless of tier, for experimental, developmental or research work to be performed by a domestic small business firm. The subrecipient/contractor will retain all rights provided for the Recipient in this Patent Rights clause, and the Recipient will not, as part of the consideration for awarding the subcontract, obtain rights in the subcontractors' subject inventions. (2) The Recipient will include in all other subawards/contracts, regardless of tier, for experimental, developmental or research work, the appropriate patent rights clause pursuant to the instructions provided in Section 6 of this Attachment 2. (3) In the case of subawards/contracts at any tier, DOE, the Recipient, and the subrecipient/contractor agree that the mutual obligations of the parties created by this clause constitute a contract between the subrecipient/contractor and DOE with respect to those matters covered by the clause. Reporting on Utilization of Subject Inventions The Recipient agrees to submit on request periodic reports no more frequently than annually on the utilization of a subject invention or on efforts at obtaining such utilization that are being made by the Recipient or its licensees or assignees. Such reports shall include information regarding the status of development, date of first commercial sale or use, gross royalties received by the Recipient and such other data and information as DOE may reasonably specify. The Recipient also agrees to provide additional reports in connection with any march-in proceeding undertaken by DOE in accordance with paragraph (j) of this
certain rights in this invention." (5) The Recipient agrees to provide a report prior to the close-out of a funding agreement listing all subject inventions or stating that there were none. (6) The Recipient agrees to provide, upon request, the filing date, patent application number and title; a copy of the patent application; and patent number and issue date for any subject invention in any country in which the contractor has applied for a patent. (7) The Recipient agrees to provide an annual listing of all subject inventions which were disclosed to the agency during the period covered by the report. (g) Subaward/Contract (1) The Recipient will include an appropriate Patent Rights clause, suitably modified to identify the parties, in all subawards/contracts, regardless of tier, for experimental, developmental or research work to be performed by a domestic small business firm. The subrecipient/contractor will retain all rights provided for the Recipient in this Patent Rights clause, and the Recipient will not, as part of the consideration for awarding the subcontract, obtain rights in the subcontractors' subject inventions. (2) The Recipient will include in all other subawards/contracts, regardless of tier, for experimental, developmental or research work, the appropriate patent rights clause pursuant to the instructions provided in Section 6 of this Attachment 2. (3) In the case of subawards/contracts at any tier, DOE, the Recipient, and the subrecipient/contractor agree that the mutual obligations of the parties created by this clause constitute a contract between the subrecipient/contractor and DOE with respect to those matters covered by the clause. Reporting on Utilization of Subject Inventions The Recipient agrees to submit on request periodic reports no more frequently than annually on the utilization of a subject invention or on efforts at obtaining such utilization that are being made by the Recipient or its licensees or assignees. Such reports shall include information regarding the status of development, date of first commercial sale or use, gross royalties received by the Recipient and such other data and information as DOE may reasonably specify. The Recipient also agrees to provide additional reports in connection with any march-in proceeding undertaken by DOE in accordance with paragraph (j) of this
ARPA-E_226_Attachment_2_%28Intellectual_Property%29-SBIR-STTR_Award_or_Sub-Award%20%28small_business%29.docx