Laserfiche WebLink
<br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />Federal regulations and such requirements are not reasonably satisfied by the <br />Recipient, assignee or licensees; or <br /> <br />(4) Such action is necessary because the agreement required by paragraph (i) <br />of this provision has not been obtained or waived or because a licensee of the <br />exclusive right to use or sell any subject invention in the United States is in breach <br />of such agreement. <br /> <br />(k) Special Provisions for Agreements with Nonprofit Organizations <br /> <br />If the Recipient is a nonprofit organization, it agrees that: <br /> <br />(1) Rights to a subject invention in the United States may not be assigned <br />without the approval of the Bureau of Reclamation, except where such <br />assignment is made to an organization which has as one of its primary functions <br />the management of inventions, provided that such assignee will be subject to the <br />same provisions as the Recipient; <br /> <br />(2) The Recipient will share royalties collected on a subject invention with the <br />inventor, including Federal employee co-inventors (when the Bureau of <br />Reclamation deems it appropriate) when the subject invention is assigned in <br />accordance with 35 U.S.C. 202(e) and 37 CFR 401.10; <br /> <br />(3) The balance of any royalties or income earned by the Recipient with respect <br />to subject inventions, after payment of expenses (including payments to inventors) <br />incidental to the administration of subject inventions, will be utilized for the support <br />of scientific research or education; and <br /> <br />(4) It will make efforts that are reasonable under the circumstances to attract <br />licensees of subject invention that are small business firms and that it will give a <br />preference to a small business firm when licensing a subject invention if the <br />Recipient determines that the small business firm has a plan or proposal for <br />marketing the invention which, if executed, is equally as likely to bring the <br />invention to practical application as any plans or proposals from applicants that <br />are not small business firms; provided, that the Recipient is also satisfied that the <br />small business firm has the capability and resources to carry out its plan or <br />proposal. The decision whether to give a preference in any specific case will be <br />at the discretion of the Recipient. However, the Recipient agrees that the Bureau <br />of Reclamation may review the Recipient's licensing program and decisions <br />regarding small business applicants, and the Recipient will negotiate changes to <br />its licensing policies, procedures, or practices with the Bureau of Reclamation <br />when this review discloses that the Recipient could take reasonable steps to <br />implement more effectively the requirements of this paragraph (k)(4). <br /> <br />(I) Communication <br /> <br />Communications regarding matters relating to this provision shall be directed to <br />the Deputy Associate Solicitor, Branch of Procurements and Patents, Office of the <br />Solicitor, U.S. Department of the Interior, Washington, DC 20240. <br /> <br />25 <br />