Option for a Commercialization License. NOAA, on behalf of the Government, hereby agrees to grant to the Collaborator an option to choose an exclusive or nonexclusive commercialization license to patents or patent applications on NOAA CRADA Inventions and an exclusive commercialization license to NOAA's interest in patents or patent applications on joint CRADA Inventions. The exclusive or nonexclusive license shall be limited to fields of use defined by the subject matter of the SoW found in Appendix A. The license will specify the licensed fields of use, geographic territory, markets, term and royalties, and will, pursuant to Article 7.1 of this CRADA, contain a requirement that products manufactured for sale or use in the United States under the license will be manufactured substantially in the United States. Additional terms and conditions shall be added to all licenses consistent with applicable statutes and regulations. The royalty rates will be based on product sales and the rates conventionally granted in the field identified in the SoW for inventions with reasonably similar commercial potential. The royalty rates will also reflect the relative contributions of the Parties to the invention. Licenses granted under this Article are subject to the reservation of patent licenses in favor of the United States Government required in Section 7.7.1 above.
Option for a Commercialization License. NIST, on behalf of the Government, hereby grants to Collaborator an option to choose an exclusive or nonexclusive commercialization license to patents or patent applications claiming CRADA Inventions solely conceived by NIST or to NIST’s interest in patents or patent applications claiming joint CRADA Inventions. The exclusive or nonexclusive license shall be limited to fields of use defined by the subject matter of the Research Plan. The license will specify the licensed fields of use, geographic territory, markets, term and royalties. Additional terms and conditions shall be added to all licenses consistent with applicable statutes and regulations. The license will be based on mutually agreeable terms consistent with those conventionally granted in the field identified in the Research Plan for inventions with reasonably similar commercial potential. The royalty rates will reflect the relative contributions of the Parties to the CRADA Invention. All licenses granted under this Article are subject to the reservation of licenses in favor of the United States Government required in Section 6.6.1 above.
