March-in Rights. The awardee agrees that with respect to any subject invention in which it has acquired title, NSF has the right in accordance with procedures at 37 CFR § 401.6 and NSF regulations at 45 CFR § 650.13 to require the awardee, an assignee or exclusive licensee of a subject invention to grant a non-exclusive, partially exclusive, or exclusive license in any field of use to a responsible applicant or applicants, upon terms that are reasonable under the circumstances and if the awardee, assignee, or exclusive licensee refuses such a request, NSF has the right to grant such a license itself if NSF determines that: 1. such action is necessary because the awardee or assignee has not taken or is not expected to take within a reasonable time, effective steps to achieve practical application of the subject invention in such field of use; 2. such action is necessary to alleviate health or safety needs which are not reasonably satisfied by the awardee, assignee, or their licensees; 3. such action is necessary to meet requirements for public use specified by Federal regulations and such requirements are not reasonably satisfied by the awardee, assignee, or licensee; or 4. such action is necessary because the agreement required by paragraph i. of this Patent Rights clause has not been obtained or waived or because a licensee of the exclusive right to use or sell any subject invention in the U.S. is in breach of such agreement.
Appears in 9 contracts
Samples: Cooperative Agreement, Cooperative Agreement, Cooperative Agreement
March-in Rights. The awardee agrees that with respect to any subject invention in which it has acquired title, NSF has the right in accordance with procedures at 37 CFR § §401.6 and NSF regulations at 45 CFR § §650.13 to require the awardee, an assignee or exclusive licensee of a subject invention to grant a non-exclusive, partially exclusive, or exclusive license in any field of use to a responsible applicant or applicants, upon terms that are reasonable under the circumstances and if the awardee, assignee, or exclusive licensee refuses such a request, NSF has the right to grant such a license itself if NSF determines that:
1. such action is necessary because the awardee or assignee has not taken or is not expected to take within a reasonable time, effective steps to achieve practical application of the subject invention in such field of use;
2. such action is necessary to alleviate health or safety needs which are not reasonably satisfied by the awardee, assignee, or their licensees;
3. such action is necessary to meet requirements for public use specified by Federal regulations and such requirements are not reasonably satisfied by the awardee, assignee, or licensee; or
4. such action is necessary because the agreement required by paragraph i. of this Patent Rights clause has not been obtained or waived or because a licensee of the exclusive right to use or sell any subject invention in the U.S. is in breach of such agreement.
Appears in 5 contracts
Samples: Cooperative Agreement, Cooperative Agreement, Cooperative Agreement
March-in Rights. The awardee agrees that with respect to any subject invention in which it has acquired title, NSF has the right in accordance with procedures at 37 CFR § §401.6 and the NSF regulations at 45 CFR § 650.13 PAPPG Chapter XI.D.1.l to require the awardeegrantee, an assignee or exclusive licensee of a subject invention to grant a non-exclusive, partially exclusive, exclusive or exclusive license in any field of use to a responsible applicant or applicants, upon terms that are reasonable under the circumstances and if the awardeegrantee, assignee, assignee or exclusive licensee refuses such a request, NSF has the right to grant such a license itself if NSF determines that:
1. that such action is necessary necessary:
i. because the awardee or assignee has not taken or is not expected to take within a reasonable time, effective steps to achieve practical application of the subject invention in such field of use;
2ii. such action is necessary to alleviate health or safety needs which are not reasonably satisfied by the awardee, assignee, assignee or their licensees;
3iii. such action is necessary to meet requirements for public use specified by Federal regulations and such requirements are not reasonably satisfied by the awardee, assignee, assignee or licensee; or
4iv. such action is necessary because the agreement required by paragraph i. of this Patent Rights clause article has not been obtained or waived or because a licensee of the exclusive right to use or sell any subject invention in the U.S. US is in breach of such agreement.
Appears in 2 contracts
Samples: Cooperative Agreement, Cooperative Agreement
March-in Rights. The awardee grantee agrees that with respect to any subject invention in which it has acquired title, NSF has the right in accordance with procedures at 37 CFR § 401.6 and NSF regulations at 45 CFR § 650.13 to require the awardeegrantee, an assignee or exclusive licensee of a subject invention to grant a non-exclusive, partially exclusive, or exclusive license in any field of use to a responsible applicant or applicants, upon terms that are reasonable under the circumstances and if the awardeegrantee, assignee, or exclusive licensee refuses such a request, NSF has the right to grant such a license itself if NSF determines that:
1. such action is necessary because the awardee grantee or assignee has not taken or is not expected to take within a reasonable time, effective steps to achieve practical application of the subject invention in such field of use;
2. such action is necessary to alleviate health or safety needs which are not reasonably satisfied by the awardeegrantee, assignee, or their licensees;
3. such action is necessary to meet requirements for public use specified by Federal regulations and such requirements are not reasonably satisfied by the awardeegrantee, assignee, or licensee; or
4. such action is necessary because the agreement required by paragraph i. of this Patent Rights clause has not been obtained or waived or because a licensee of the exclusive right to use or sell any subject invention in the U.S. is in breach of such agreement.
Appears in 1 contract
Samples: Subaward Agreement
March-in Rights. The awardee agrees that with respect to any subject invention in which it has acquired title, NSF has the right in accordance with procedures at 37 CFR § §401.6 and the NSF regulations at 45 CFR § 650.13 PAPPG Chapter XI.D.1.l to require the awardeegrantee, an assignee or exclusive licensee of a subject invention to grant a non-exclusive, partially exclusive, exclusive or exclusive license in any field of use to a responsible applicant or applicants, upon terms that are reasonable under the circumstances and if the awardeegrantee, assignee, assignee or exclusive licensee refuses such a request, NSF has the right to grant such a license itself if NSF determines that:
1. that such action is necessary necessary:
i. because the awardee or assignee has not taken or is not expected to take within a reasonable time, effective steps to achieve practical application of the subject invention in such field of use;
2ii. such action is necessary to alleviate health or safety needs which are not reasonably satisfied by the awardee, assignee, assignee or their licensees;
3iii. such action is necessary to meet requirements for public use specified by Federal regulations and such requirements are not reasonably satisfied by the awardee, assignee, assignee or licensee; or
4iv. such action is necessary because the agreement required by paragraph i. of this Patent Rights clause Intangible Property article has not been obtained or waived or because a licensee of the exclusive right to use or sell any subject invention in the U.S. US is in breach of such agreement.
Appears in 1 contract