Common use of March-in Rights Clause in Contracts

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 such action is necessary: 1. 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. to alleviate health or safety needs which are not reasonably satisfied by the awardee, assignee or their licensees; 3. 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. because the agreement required by paragraph i. of this Patent Rights article has not been obtained or waived or because a licensee of the exclusive right to use or sell any subject invention in the US is in breach of such agreement.

Appears in 4 contracts

Samples: Cooperative Agreement, Cooperative Agreement, Cooperative Agreement

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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 such action is necessary: 1. 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. to alleviate health or safety needs which are not reasonably satisfied by the awardee, assignee or their licensees; 3. 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. because the agreement required by paragraph i. of this Patent Rights article clause has not been obtained or waived or because a licensee of the exclusive right to use or sell any subject invention in the US is in breach of such agreement.

Appears in 2 contracts

Samples: 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 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 assignee, or exclusive licensee refuses such a request, NSF has the right to grant such a license itself if NSF determines that such action is necessary: 1. 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. to alleviate health or safety needs which are not reasonably satisfied by the awardee, assignee assignee, or their licensees; 3. 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 4. because the agreement required by paragraph i. of this Patent Rights article clause has not been obtained or waived or because a licensee of the exclusive right to use or sell any subject invention in the US is in breach of such agreement.

Appears in 2 contracts

Samples: 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 such action is necessary: 1. 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. to alleviate health or safety needs which are not reasonably satisfied by the awardee, assignee or their licensees; 3iii. to meet requirements for public use specified by Federal regulations and such requirements are not reasonably satisfied by the awardee, assignee or licensee; or 4iv. because the agreement required by paragraph i. of this Patent Rights article has not been obtained or waived or because a licensee of the exclusive right to use or sell any subject invention in the US is in breach of such agreement.

Appears in 1 contract

Samples: Cooperative Agreement

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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 such action is necessary: 1. 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. to alleviate health or safety needs which are not reasonably satisfied by the awardee, assignee or their licensees; 3. 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. because the agreement required by paragraph i. of this Patent Rights article has not been obtained or waived or because a licensee of the exclusive right to use or sell any subject invention in the US U.S. is in breach of such agreement.

Appears in 1 contract

Samples: 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 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 assignee, or exclusive licensee refuses such a request, NSF has the right to grant such a license itself if NSF determines that such action is necessary: 1. 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. to alleviate health or safety needs which are not reasonably satisfied by the awardee, assignee assignee, or their licensees; 3. 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 4. because the agreement required by paragraph i. of this Patent Rights article clause has not been obtained or waived or because a licensee of the exclusive right to use or sell any subject invention in the US U.S. is in breach of such agreement.

Appears in 1 contract

Samples: Cooperative Agreement

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