Licenses to CRADA Inventions, Including Computer Software. The patentability of software is a complex issue and should be discussed with the agency’s patent or Intellectual Property counsel. Guidance on the patentability of software is available on the U.S. Patent and Trademark Office’s web site at xxxx://xxx.xxxxx.xxx/patent/laws-and-regulations/examination-policy/2014-interim-guidance-subject- matter-eligibility-0.
Licenses to CRADA Inventions, Including Computer Software. 5.5.1 License. In accordance with 15 U.S. Code §3710a(b)(2), for CRADA Inventions Made, CRADA Technical Data, and CRADA Works Created solely or in part by an employee of the Government, the Government may grant or may agree in advance to the Collaborator to patent Licenses or assignments or options thereto, subject to section 209 of Title 35 of the United States Code. The Government may grant a License to an Invention that is federally owned, for which a Patent Application was filed before the signing of this CRADA, and directly within the scope of the work under this CRADA for reasonable compensation when appropriate. The Collaborator will have an option to choose an Exclusive License for a pre-negotiated field of use, for such Invention and a CRADA Invention. If there were more than one Collaborator than each Collaborator is offered the option to hold licensing rights that collectively encompass the rights that would be held under such Exclusive License by one Party. Unless otherwise agreed to in writing by the Parties, Collaborator’s option to choose an Exclusive License must be requested within six (6) months of being notified (or by its own employee/inventor in the case of jointly Made Inventions) of the CRADA Invention. Grants of Exclusive Licenses under this paragraph will be subject to the Government retaining a Nonexclusive, transferable, irrevocable, paid-up License to practice the Invention or have the Invention practiced throughout the world by or on behalf of the Government.
