Common use of March-in Rights Clause in Contracts

March-in Rights. The recipient agrees that with respect to any subject invention in which it has acquired title, the Government has the right in accordance with the procedures in 37 CFR 401.6 and any supplemental regulations of the Government to require the recipient, an assignee or exclusive licensee of a subject invention to grant a nonexclusive, 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 recipient, assignee, or exclusive licensee refuses such a request the Government has the right to grant such a license itself if the Government determines that: 1. Such action is necessary because the recipient 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 recipient, 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 recipient, assignee or licensees; or 4. Such action is necessary because the agreement required by paragraph (i) of this article has not been obtained or waived or because a licensee of the exclusive right to use or sell any subject invention in the United States is in breach of such agreement.

March-in Rights. The recipient agrees that with respect to any subject invention in which it has acquired title, the Government federal agency has the right in accordance with the procedures in 37 CFR 401.6 and any supplemental regulations of the Government Agency to require the recipient, an assignee or exclusive licensee of a subject invention to grant a nonexclusive, 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 recipient, assignee, or exclusive licensee refuses such a request the Government Federal agency has the right to grant such a license itself if the Government Federal agency determines that: 1. 10.10.1 Such action is necessary because the recipient or assignee has not taken, 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. 10.10.2 Such action is necessary to alleviate health or safety needs which are not reasonably satisfied by the recipient, assignee assignee, or their licensees;licensee. 3. 10.10.3 Such action is necessary to meet requirements for public use specified by Federal regulations and such requirements are not reasonably satisfied by the recipient, assignee assignee, or licenseeslicensee; or 4. 10.10.4 Such action is necessary because the agreement required by paragraph (i) 10.9 of this 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 United States states is in breach of such agreement.

March-in Rights. The recipient agrees that with respect to any subject invention in which it has acquired title, the Government USGS has the right in accordance with the procedures in at 37 CFR § 401.6 and any supplemental USGS regulations of the Government at 45 CFR § 650.13 to require the recipient, an assignee or exclusive licensee of a subject invention to grant a nonexclusivenon-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, circumstances and if the recipient, assignee, or exclusive licensee refuses such a request the Government request, USGS has the right to grant such a license itself if the Government USGS determines that: 1. Such such action is necessary because the recipient or assignee has not taken, 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 such action is necessary to alleviate health or safety needs which are not reasonably satisfied by the recipient, assignee assignee, or their licensees; 3. Such such action is necessary to meet requirements for public use specified by Federal regulations and such requirements are not reasonably satisfied by the recipient, assignee assignee, or licenseeslicensee; or 4. Such such action is necessary because the agreement required by paragraph (i) i. of this article 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 United States U.S. is in breach of such agreement.

March-in Rights. The recipient agrees that with respect to any subject invention in which it has acquired title, the Government has the right in accordance with the procedures in 37 CFR 401.6 and any supplemental regulations of the Government to require the recipient, an assignee or exclusive licensee of a subject invention to grant a nonexclusive, 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 recipient, assignee, or exclusive licensee refuses such a request the Government has the right to grant such a license itself if the Government determines that: (1. ) Such action is necessary because the recipient 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 recipient, 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 recipient, assignee or licensees; or (4. ) Such action is necessary because the agreement required by paragraph (i) of this article has not been obtained or waived or because a licensee of the exclusive right to use or sell any subject invention in the United States is in breach of such agreement.. ​ (5) Special Provisions for Agreements with Nonprofit Organizations

March-in Rights. The recipient awardee agrees that with respect to any subject invention in which it has acquired title, the Government NSF has the right in accordance with the procedures in at 37 CFR §401.6 and any supplemental regulations of the Government NSF PAPPG Chapter XI.D.1.l to require the recipientawardee, an assignee or exclusive licensee of a subject invention to grant a nonexclusivenon-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, circumstances and if the recipientawardee, assignee, assignee or exclusive licensee refuses such a request the Government request, NSF has the right to grant such a license itself if the Government NSF determines thatthat such action is necessary: 1. Such action is necessary i. because the recipient awardee or assignee has not taken, 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 recipientawardee, 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 recipientawardee, assignee or licenseeslicensee; or 4iv. Such action is necessary because the agreement required by paragraph (i) i. of this 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 United States US is in breach of such agreement.

March-in Rights. The recipient Contractor agrees that with respect to any subject invention in which it has acquired title, the Government DOE has the right in accordance with the procedures in 37 CFR 401.6 and any supplemental regulations of the Government FAR 27.304-1(g) to require the recipientContractor, an assignee assignee, or exclusive licensee of a subject invention to grant a nonexclusive, 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 recipientContractor, assignee, or exclusive licensee refuses such a request the Government request, DOE has the right to grant such a license itself if the Government DOE determines that:that — (1. ) Such action is necessary because the recipient Contractor 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 recipientContractor, assignee 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 recipientContractor, assignee assignee, or licensees; or (4. ) Such action is necessary because the agreement required by paragraph (i) of this 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 United States is in breach of such agreement.