RIGHTS TO SUBJECT INVENTIONS. Wherein DOE has granted the Participant and the Contractor the right to elect to retain title to their respective Subject Inventions.
RIGHTS TO SUBJECT INVENTIONS. The Parties agree to promptly disclose in writing to each other every Subject Invention in sufficient detail to comply with the provisions of 35 USC §112 well before any statutory bars may arise under 35 USC §102. Each Party shall have the first option to retain title to any of its Subject Inventions. If a Party elects not to retain title to any of its Subject Inventions, then the other Party shall have the option of electing to retain title to such Subject Inventions under this CRADA. The Participant has the option to choose an exclusive license, for reasonable compensation, in a pre-negotiated field of use to the Contractor’s Subject Inventions. Participant shall disclose its subject inventions to DOE as provided in the Financial Assistance Award. The Parties acknowledge that the DOE may obtain title to each Subject Invention of Contractor reported under this Article for which a patent application is not filed, a patent application is not prosecuted to issuance, or any issued patent is not maintained by either Party to this CRADA. The Government shall retain a nonexclusive, non-transferable, irrevocable, paid-up license to practice, or to have practiced, for or on its behalf all Subject Inventions throughout the world. For Subject Inventions conceived or first actually reduced to practice under this CRADA which are joint Subject Inventions made by the Contractor and the Participant, title to such Subject Inventions shall be jointly owned by the Contractor and the Participant. The Parties acknowledge that the DOE has certain march-in rights to any Subject Inventions in accordance with 48 CFR 27.304-1(g) and 15 USC 3710a(b)(1)(B) and (C).
RIGHTS TO SUBJECT INVENTIONS. The Parties agree to promptly disclose in writing to each other every Subject Invention in sufficient detail to comply with the provisions of 35 USC §112 well before any statutory bars may arise under 35 USC §102. Each Party shall have the first option to retain title to any of its Subject Inventions. If a Party elects not to retain title to any of its Subject Inventions, then the other Party shall have the option of electing to retain title to such Subject Inventions under this CRADA. The Participant has the option for a period of 6 months after disclosure to choose an exclusive license, for reasonable compensation, in a pre-negotiated field of use to the Contractor’s Subject Inventions. The Parties acknowledge that the DOE may obtain title to each Subject Invention reported under this Article for which a patent application is not filed, a patent application is not prosecuted to issuance, or any issued patent is not maintained by either Party to this CRADA. The Government shall retain a nonexclusive, non-transferable, irrevocable, paid-up license to practice, or to have practiced, for or on its behalf all Subject Inventions throughout the world. For Subject Inventions conceived or first actually reduced to practice under this CRADA which are joint Subject Inventions made by the Contractor and the Participant, title to such Subject Inventions shall be jointly owned by the Contractor and the Participant. The Parties acknowledge that the DOE has certain march-in rights to any Subject Inventions in accordance with 48 CFR 27.304-1(g) and 15 USC 3710a(b)(1)(B) and (C).
RIGHTS TO SUBJECT INVENTIONS a. The Subrecipient agrees to assign to Sponsor the entire right, title, and interest throughout the world in and to each subject invention covered by Section B 1. a-h, inclusive.
RIGHTS TO SUBJECT INVENTIONS. A. Each Party shall have the first option to retain title to any Subject Inventions solely made by its employees during the work under this CRADA. The Parties agree to disclose to each other each and every Subject Invention, which may be patentable or otherwise protectable under the Patent Act. The Parties acknowledge that the Contractor and Participant will disclose Subject Inventions to the DOE within two (2) months after the inventor first discloses the Subject Invention in writing to the person(s) responsible for patent matters of the disclosing Party. If a Party elects not to retain title to any such Subject Invention of its employees, then the other Party shall have the option of electing to retain title to such Subject Inventions under this CRADA.
RIGHTS TO SUBJECT INVENTIONS. A. Each Party shall have the first option to retain title to any Subject Inventions solely made by its employees during the work under this CRADA. The Parties agree to disclose to each other each and every Subject Invention, which may be patentable or otherwise protectable under the Patent Act. The Parties acknowledge that the Contractor and Participant will disclose Subject Inventions to the DOE and each other within two (2) months after the inventor first discloses the Subject Invention in writing to the person(s) responsible for patent matters of the disclosing Party. All Subject Invention disclosures shall be marked as confidential under 35 U.S.C. 205 and the Parties agree to protect such disclosures from public disclosure for a period of three (3) years from the date of disclosure by one Party to the other. If a Party elects not to retain title to any such Subject Invention of its employees, then the other Party shall have the option of electing to retain title to such Subject Inventions under this Agreement.
RIGHTS TO SUBJECT INVENTIONS. Wherein DOE has granted the Participant and the Contractor the right to elect to retain title to their respective Subject Inventions. Each Party shall have the first option to elect to retain title to any of its Subject Inventions and that election shall be made: (1) for the Participant, within 12 months of disclosure of the Subject Invention to DOE or (2) for the Contractor, within the time period specified in its prime contract for electing to retain title to Subject Inventions. However, such election shall occur not later than 60 days prior to the time when any statutory bar might foreclose filing of a U.S. Patent application. The electing Party has one year to file a patent application after such election unless any statutory bar exists. If a Party elects not to retain title to any of its Subject Inventions or fails to timely file a patent application, the other Party shall have the second option to elect to obtain title to such Subject Invention within the time period specified in paragraph B below. For Subject Inventions that are joint Subject Inventions of the Contractor and the Participant, title to such Subject Inventions shall be jointly owned by the Contractor and the Participant. The Parties agree to assign to DOE, as requested by DOE, the entire right, title and interest in any country to each Subject Invention where the Parties (1) do not elect pursuant to this article to retain/obtain such rights, or (2) elect to retain/obtain title to a Subject Invention but fail to have a patent application filed in that country on the Subject Invention or decide not to continue prosecution or not to pay any maintenance fees covering the Subject Invention. If DOE is granted a patent on Participant’s Subject Invention, the Participant may request a non-exclusive license and DOE will determine whether to grant such license pursuant to statutory authority. The Parties acknowledge that the Government retains a nonexclusive, nontransferable, irrevocable, paid-up license to practice or to have practiced for or on behalf of the United States every Subject Invention under this CRADA throughout the world. The Parties agree to execute a Confirmatory License to affirm the Government’s retained license. The Parties agree to disclose to each other each Subject Invention which may be patentable or otherwise protectable under U.S. patent law. The Parties agree that the Contractor and the Participant will disclose their respective Subject Inventions to DOE and each other ...
RIGHTS TO SUBJECT INVENTIONS. Any Subject Invention that the Contractor’s employees may make or conceive during their performance of work under this CRADA will be governed by the provisions of the Contractor’s Prime Contract, DE-AC02-07CH11359, with DOE; and any Subject Invention that the Participant’s employees may make or conceive during their performance of work under this CRADA shall be governed by the provisions of Participant’s SBIR/STTR Award No. . For Subject Inventions conceived or first actually reduced to practice under this CRADA which are joint Subject Inventions made by the Contractor and the Participant, title to such Subject Inventions shall be jointly owned by the Contractor and the Participant, subject to the terms of the Contractor’s Prime Contract with DOE and the Participant’s Award as referenced above.
