Common use of Conditions When the Government May Obtain Title Clause in Contracts

Conditions When the Government May Obtain Title. The recipient will convey to the Government, upon written request, title to any subject invention— (1) If the recipient fails to disclose or elect title to the subject invention within the times specified in (c), above, or elects not to retain title; provided that the Government may only request title within 60 days after learning of the failure of the recipient to disclose or elect within the specified times. (2) In those countries in which the recipient fails to file patent applications within the times specified in (c) above; provided, however, that if the recipient has filed a patent application in a country after the times specified in (c) above, but prior to its receipt of the written request of the Government, the recipient shall continue to retain title in that country. (3) In any country in which the recipient decides not to continue the prosecution of any application for, to pay the maintenance fees on, or defend in reexamination or opposition proceeding on, a patent on a subject invention.

Conditions When the Government May Obtain Title. The recipient Contractor will convey to the GovernmentFederal agency, upon written request, title to any subject invention—invention - (1) If the recipient Contractor fails to disclose or elect title to the subject invention within the times specified in (c), above, or elects not to retain title; provided that the Government agency may only request title within 60 days after learning of the failure of the recipient contractor to disclose or elect within the specified times. (2) In those countries in which the recipient Contractor fails to file patent applications within the times specified in (c) above; provided, however, that if the recipient Contractor has filed a patent application in a country after the times specified in (c) above, but prior to its receipt of the written request of the GovernmentFederal agency, the recipient Contractor shall continue to retain title in that country. (3) In any country in which the recipient Contractor decides not to continue the prosecution of any application for, to pay the maintenance fees on, or defend in reexamination or opposition proceeding on, a patent on a subject invention.