Common use of Federal Rights Clause in Contracts

Federal Rights. The Contractor agrees that: Its rights and responsibilities, and the rights and responsibilities of each subcontractor, in that federally funded invention, improvement or discovery will be determined as provided by applicable Federal laws, regulations and guidance, including any waiver thereof; and Unless the Federal Government determines otherwise in writing, irrespective of the Contractor’s status or the status of any subcontractor as a large business, a small business, a State government, a State instrumentality, a local government, an Indian tribe, a nonprofit organization, an institution of higher education or an individual, the Contractor agrees to transmit the Federal Government’s patent rights to FTA as specified in: 35 USC § 200 et seq.; and US Department of Commerce regulations, Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements, 37 CFR part 401. License Fees and Royalties. As permitted by 2 CFR 200, Appendix II (F): License fees and royalties for patents, patent applications and inventions derived from the project are program income; and The Contractor has no obligation to the Federal Government with respect to those license fees or royalties; except: For compliance with 35 USC § 200 et seq., which applies to patent rights developed under a federally funded research-type projects; and As FTA determines otherwise in writing. Rights in Data and Copyrights.

Federal Rights. The Contractor agrees that: Its rights and responsibilities, and the rights and responsibilities of each subcontractor, in that federally funded invention, improvement or discovery will be determined as provided by applicable Federal laws, regulations and guidance, including any waiver thereof; and Unless the Federal Government determines otherwise in writing, irrespective of the Contractor’s status or the status of any subcontractor as a large business, a small business, a State government, a State instrumentality, a local government, an Indian tribe, a nonprofit organization, an institution of higher education or an individual, the Contractor agrees to transmit the Federal Government’s patent rights to FTA as specified in: 35 USC § 200 et seq.; and US Department of Commerce regulations, Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements, 37 CFR part Part 401. License Fees and Royalties. As permitted by 2 CFR 200, Appendix II (F): License fees and royalties for patents, patent applications and inventions derived from the project are program income; and The Contractor has no obligation to the Federal Government with respect to those license fees or royalties; except: For compliance with 35 USC § 200 et seq., which applies to patent rights developed under a federally funded research-type projects; and As FTA determines otherwise in writing. Rights in Data and Copyrights.