Exercise of License Option to Joint CRADA Inventions. The option of Section 7.1 for NIST’s interest in CRADA Inventions jointly conceived by the Parties must be exercised by Written Notice within three (3) months from the date on which the Government or Collaborator notifies the other Party that it intends to file a non-provisional patent application. Exercise of the license option by Collaborator initiates a negotiation period that expires six (6) months after the Written Notice to exercise the license option has been received by NIST. This period may be extended for three (3) months, by mutual agreement of the Parties. If no agreement is concluded in this period, NIST shall be free to license its interest in such CRADA Inventions to others.
Exercise of License Option to Joint CRADA Inventions. The option to NOAA’s interest in patents or patent applications on Joint CRADA Inventions of Section 8.1 must be exercised by written notice mailed within one (1) month after the Collaborator is notified by the Patent and Trademark Office that a patent will be allowed on the joint CRADA Invention. Exercise of this option by the Collaborator initiates a negotiation period that expires in six
Exercise of License Option to Joint CRADA Inventions. The option to NOAA’s interest in patents or patent applications on Joint CRADA Inventions of Section 8.1 must be exercised by written notice mailed within one (1) month after the Collaborator is notified by the Patent and Trademark Office that a patent will be allowed on the joint CRADA Invention. Exercise of this option by the Collaborator initiates a negotiation period that expires in six (6) months. If the last proposal by the Collaborator has not been responded to in writing by NOAA within this six (6) month period, the negotiation period shall be extended to expire one (1) month after NOAA responds. If no agreement is concluded in this period or if Collaborator exercises its option for a nonexclusive license, NOAA shall be free to license such CRADA Inventions to others.
Exercise of License Option to Joint CRADA Inventions. The option to negotiate a license to Joint CRADA Inventions, under Article 8.2, must be exercised by written notice mailed within sixty (60) days after the date COMPANY receives notice that a patent will be allowed on the Joint CRADA Invention by the PTO. Exercise of this option by COMPANY initiates a negotiation period that expires in four (4) months from the date COMPANY receives notice of the USPTO’s or other, foreign patent office’s decision. If an agreement between the Parties has not been reached within this four (4) month period, the negotiation period shall be deemed to have ended, unless both parties agree in writing to extend the negotiation period. If no license is executed during the negotiation period or if the option COMPANY exercises is for a nonexclusive license, SF STATE shall be free to license its interest in patent or patent applications on Joint CRADA Inventions to others.
