Action to Protect the Government’s Interest. The PERFORMER agrees to execute or to have executed and promptly deliver to USSOCOM all instruments necessary to (i) establish or confirm the rights the Government has throughout the world in those Subject Inventions to which the PERFORMER elects to retain title, and (ii) convey title to USSOCOM when requested under paragraph C of this Article and to enable the Government to obtain patent protection throughout the world in that Subject Invention. The PERFORMER agrees to require, by written agreement, its employees, other than clerical and non-technical employees, to disclose promptly in writing to personnel identified as responsible for the administration of patent matters and in a format suggested by the PERFORMER each Subject Invention made under this Agreement in order that the PERFORMER can comply with the disclosure provisions of paragraph B of this Article. he PERFORMER shall instruct employees, through employee agreements or other suitable educational programs, on the importance of reporting Inventions in sufficient time to permit the filing of patent applications prior to U. S. or foreign statutory bars. The PERFORMER shall notify USSOCOM of any decisions not to continue the prosecution of a patent application, pay maintenance fees, or defend in a reexamination or opposition proceedings on a patent, in any country, not less than thirty (30) calendar days before the expiration of the response period required by the relevant patent office. The PERFORMER shall include, within the specification of any United States patent application and any patent issuing thereon covering a Subject Invention, the following statement: “This Invention was made with Government support under Agreement No. H92405-xx-9-Pxxx, awarded by USSOCOM. The Government has certain rights in the Invention.”
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