Common use of Recipient Action to Protect Government’s Interest Clause in Contracts

Recipient Action to Protect Government’s Interest. 1. The Recipient agrees to execute or to have executed and promptly deliver to DOE all instruments necessary to: i. Establish or confirm the rights the Government has throughout the world in those subject inventions for which the Recipient retains title; and ii. Convey title to DOE when requested under paragraph (d) of this Patent Rights clause, and to enable the government to obtain patent protection throughout the world in that subject invention. 2. The Recipient agrees to require, by written agreement, its employees, other than clerical and non- technical employees, to disclose promptly in writing to personnel identified as responsible for the administration of patent matters and in a format suggested by the Recipient each subject invention made under this award in order that the Recipient can comply with the disclosure provisions of paragraph (c) of this Patent Rights clause, and to execute all papers necessary to file patent applications on subject inventions and to establish the Government's rights in the subject inventions. The disclosure format should require, as a minimum, the information requested by paragraph (c)(1) of this Patent Rights clause. The Recipient shall instruct such employees through the employee agreements or other suitable educational programs on the importance of reporting inventions in sufficient time to permit the filing of patent applications prior to U.S. or foreign statutory bars. 3. The Recipient will notify DOE of any decision not to continue prosecution of a patent application, pay maintenance fees, or defend in a reexamination or opposition proceeding on a patent, in any country, not less than 30 days before the expiration of the response period required by the relevant patent office. 4. The Recipient agrees to include, within the specification of any U.S. patent application and any patent issuing thereon covering a subject invention, the following statement: “This invention was made with Government support under (identify the award) awarded by (identify DOE). The Government has certain rights in this invention.”

Appears in 1 contract

Samples: Intellectual Property Provisions

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Recipient Action to Protect Government’s Interest. (1. ) The Recipient agrees to execute or to have executed and promptly deliver to DOE all instruments necessary to: i. (i) Establish or confirm the rights the Government has throughout the world in those subject inventions for which the Recipient retains title; and (ii. ) Convey title to DOE when requested under paragraph (d) of this Patent Rights clause, and to enable the government to obtain patent protection throughout the world in that subject invention. (2. ) The Recipient agrees to require, by written agreement, its employees, other than clerical and non- non-technical employees, to disclose promptly in writing to personnel identified as responsible for the administration of patent matters and in a format suggested by the Recipient each subject invention made under this award in order that the Recipient can comply with the disclosure provisions of paragraph (c) of this Patent Rights clause, and to execute all papers necessary to file patent applications on subject inventions and to establish the Government's rights in the subject inventions. The disclosure format should require, as a minimum, the information requested by paragraph (c)(1) of this Patent Rights clause. The Recipient shall instruct such employees through the employee agreements or other suitable educational programs on the importance of reporting inventions in sufficient time to permit the filing of patent applications prior to U.S. or foreign statutory bars. (3. ) The Recipient will notify DOE of any decision not to continue prosecution of a patent application, pay maintenance fees, or defend in a reexamination or opposition proceeding on a patent, in any country, not less than 30 days before the expiration of the response period required by the relevant patent office. (4. ) The Recipient agrees to include, within the specification of any U.S. patent application and any patent issuing thereon covering a subject invention, the following statement: "This invention was made with Government support under (identify the award) awarded by (identify DOE). The Government has certain rights in this invention."

Appears in 1 contract

Samples: Cooperative Agreement (Ada-Es Inc)

Recipient Action to Protect Government’s Interest. (1. ) The Recipient agrees to execute or to have executed and promptly deliver to DOE all instruments necessary to: i. (i) Establish or confirm the rights the Government has throughout the world in those subject inventions for which the Recipient retains title; and (ii. ) Convey title to DOE when requested under paragraph (d) of this Patent Rights clause, and to enable the government to obtain patent protection throughout the world in that subject invention. (2. ) The Recipient agrees to require, by written agreement, its employees, other than clerical and non- non-technical employees, to disclose promptly in writing to personnel identified as responsible for the administration of patent matters and in a format suggested by the Recipient each subject invention made under this award in order that the Recipient can comply with the disclosure provisions of paragraph (c) of this Patent Rights clause, and to execute all papers necessary to file patent applications on subject inventions and to establish the Government's ’s rights in the subject inventions. The disclosure format should require, as a minimum, the information requested by paragraph (c)(1) of this Patent Rights clause. The Recipient shall instruct such employees through the employee agreements or other suitable educational programs on the importance of reporting inventions in sufficient time to permit the filing of patent applications prior to U.S. or foreign statutory bars. (3. ) The Recipient will notify DOE of any decision not to continue prosecution of a patent application, pay maintenance fees, or defend in a reexamination or opposition proceeding on a patent, in any country, not less than 30 days before the expiration of the response period required by the relevant patent office. (4. ) The Recipient agrees to include, within the specification of any U.S. patent application and any patent issuing thereon covering a subject invention, the following statement: “This invention was made with Government support under (identify the award) awarded by (identify DOE). The Government has certain rights in this invention.”

Appears in 1 contract

Samples: Cooperative Agreement (Amyris Biotechnologies Inc)

Recipient Action to Protect Government’s Interest. 1. The Recipient recipient agrees to execute or to have executed and promptly deliver to DOE NSF all instruments necessary to: i. Establish : (i) establish or confirm the rights the Government has throughout the world in those subject inventions for which the Recipient recipient retains title; and and (ii. Convey ) convey title to DOE NSF when requested under paragraph (d) of this Patent Rights claused. above, and to enable the government Government to obtain patent protection throughout the world in that subject invention. 2. The Recipient recipient agrees to require, by written agreement, its employees, other than clerical and non- non-technical employees, to disclose promptly in writing to personnel identified as responsible for the administration of patent matters and in a format suggested by the Recipient recipient each subject invention made under this award in order that the Recipient recipient can comply with the disclosure provisions of paragraph (c) of this Patent Rights clausec. above, to assign to the recipient the entire right, title and interest in and to each subject invention made under the award, and to execute all papers necessary to file patent applications on subject inventions and to establish the Government's ’s rights in the subject inventions. The disclosure format should require, as a minimum, the information requested by paragraph (c)(1) of this Patent Rights clausec.1 above. The Recipient recipient shall instruct such employees through the employee agreements or other suitable educational programs on the importance of reporting inventions in sufficient time to permit the filing of patent applications prior to U.S. or foreign statutory bars. 3. The Recipient For each subject invention, the recipient will no less than 60 days prior to the expiration of the statutory deadline, notify DOE NSF of any decision decision: not to continue the prosecution of a non- provisional patent application; not to pay a maintenance, pay maintenance fees, annuity or renewal fee; not to defend in a reexamination or opposition proceeding on a patent, in any country; to request, not less than 30 days be a party to, or take action in a trial proceeding before the expiration Patent Trial and Appeals Board of the response period required by U.S. Patent and Trademark Office, including but not limited to post-award review, review of a business method patent, inter partes review, and derivation proceeding; or to request, be a party to, or take action in a non-trial submission of art or information at the relevant patent officeU.S. Patent and Trademark Office, including but not limited to a pre-issuance submission, a post-issuance submission, and supplemental. 4. The Recipient recipient agrees to include, within the specification of any U.S. patent application and any patent issuing thereon covering a subject invention, the following statement: “This invention was made with Government support under (identify the awardNSF award number) awarded by (identify DOE)the U.S. National Science Foundation. The Government has certain rights in this invention.” 5. The recipient or its representative will complete, execute and forward to NSF a confirmation of a License to the U.S. Government and the page of a United States patent application that contains the Federal support term and condition within two months of filing any domestic or foreign patent application.

Appears in 1 contract

Samples: Cooperative Agreement

Recipient Action to Protect Government’s Interest. 1. The Recipient recipient agrees to execute or to have executed and promptly deliver to DOE NSF all instruments necessary to: i. Establish : (i) establish or confirm the rights the Government has throughout the world in those subject inventions for which the Recipient recipient retains title; and and (ii. Convey ) convey title to DOE NSF when requested under paragraph (d) of this Patent Rights claused. above, and to enable the government Government to obtain patent protection throughout the world in that subject invention. 2. The Recipient recipient agrees to require, by written agreement, its employees, other than clerical and non- non-technical employees, to disclose promptly in writing to personnel identified as responsible for the administration of patent matters and in a format suggested by the Recipient recipient each subject invention made under this award in order that the Recipient recipient can comply with the disclosure provisions of paragraph (c) of this Patent Rights clausec. above, to assign to the recipient the entire right, title and interest in and to each subject invention made under the award, and to execute all papers necessary to file patent applications on subject inventions and to establish the Government's ’s rights in the subject inventions. The disclosure format should require, as a minimum, the information requested by paragraph (c)(1) of this Patent Rights clausec.1 above. The Recipient recipient shall instruct such employees through the employee agreements or other suitable educational programs on the importance of reporting inventions in sufficient time to permit the filing of patent applications prior to U.S. or foreign statutory bars. 3. The Recipient For each subject invention, the recipient will no less than 60 days prior to the expiration of the statutory deadline, notify DOE NSF of any decision decision: not to continue the prosecution of a non- provisional patent application; not to pay a maintenance, pay maintenance fees, annuity or renewal fee; not to defend in a reexamination or opposition proceeding on a patent, in any country; to request, not less than 30 days be a party to, or take action in a trial proceeding before the expiration Patent Trial and Appeals Board of the response period required by U.S. Patent and Trademark Office, including but not limited to post-grant review, review of a business method patent, inter partes review, and derivation proceeding; or to request, be a party to, or take action in a non-trial submission of art or information at the relevant patent officeU.S. Patent and Trademark Office, including but not limited to a pre-issuance submission, a post-issuance submission, and supplemental. 4. The Recipient recipient agrees to include, within the specification of any U.S. patent application and any patent issuing thereon covering a subject invention, the following statement: “This invention was made with Government support under (identify the awardNSF award number) awarded by (identify DOE)the National Science Foundation. The Government has certain rights in this invention.” 5. The recipient or its representative will complete, execute and forward to NSF a confirmation of a License to the U.S. Government and the page of a United States patent application that contains the Federal support clause within two months of filing any domestic or foreign patent application.

Appears in 1 contract

Samples: Cooperative Agreement

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Recipient Action to Protect Government’s Interest. 1. i. The Recipient recipient agrees to execute or to have executed and promptly deliver to DOE NSF all instruments necessary to: i. Establish : (i) establish or confirm the rights the Government has throughout the world in those subject inventions for which the Recipient recipient retains title; and and (ii. Convey ) convey title to DOE NSF when requested under paragraph (d) of this Patent Rights claused. above, and to enable the government Government to obtain patent protection throughout the world in that subject invention. 2ii. The Recipient recipient agrees to require, by written agreement, its employees, other than clerical and non- non-technical employees, to disclose promptly in writing to personnel identified as responsible for the administration of patent matters and in a format suggested by the Recipient recipient each subject invention made under this award in order that the Recipient recipient can comply with the disclosure provisions of paragraph (c) of this Patent Rights clausec. above, to assign to the recipient the entire right, title and interest in and to each subject invention made under the award, and to execute all papers necessary to file patent applications on subject inventions and to establish the Government's ’s rights in the subject inventions. The disclosure format should require, as a minimum, the information requested by paragraph (c)(1) of this Patent Rights clausec.1 above. The Recipient recipient shall instruct such employees through the employee agreements or other suitable educational programs on the importance of reporting inventions in sufficient time to permit the filing of patent applications prior to U.S. US or foreign statutory bars. 3iii. The Recipient For each subject invention, the recipient will no less than 60 days prior to the expiration of the statutory deadline, notify DOE NSF of any decision decision: not to continue the prosecution of a non- provisional patent application; not to pay a maintenance, pay maintenance fees, annuity or renewal fee; not to defend in a reexamination or opposition proceeding on a patent, in any country; to request, not less than 30 days be a party to, or take action in a trial proceeding before the expiration Patent Trial and Appeals Board of the response period required by U.S. Patent and Trademark Office, including but not limited to post-award review, review of a business method patent, inter partes review, and derivation proceeding; or to request, be a party to, or take action in a non-trial submission of art or information at the relevant patent officeU.S. Patent and Trademark Office, including but not limited to a pre-issuance submission, a post-issuance submission, and supplemental. 4iv. The Recipient recipient agrees to include, within the specification of any U.S. US patent application and any patent issuing thereon covering a subject invention, the following statement: “This invention was made with Government support under (identify the awardNSF award number) awarded by (identify DOE)the National Science Foundation. The Government has certain rights in this invention.” v. The recipient or its representative will complete, execute and forward to NSF a confirmation of a License to the US Government and the page of a United States patent application that contains the Federal support clause within two months of filing any domestic or foreign patent application.

Appears in 1 contract

Samples: Small Business Innovation Research (Sbir)/Small Business Technology Transfer (Sttr) Phase Ii Cooperative Agreement

Recipient Action to Protect Government’s Interest. (1. ) The Recipient agrees to execute or to have executed and promptly deliver to DOE all instruments necessary to: i. (i) Establish or confirm the rights the Government has throughout the world in those subject inventions for which the Recipient retains title; and (ii. ) Convey title to DOE when requested under paragraph (d) of this Patent Rights clause, and to enable the government to obtain patent protection throughout the world in that subject inventionInvention. (2. ) The Recipient agrees to require, by written agreement, its employees, other than clerical and non- non-technical employees, to disclose promptly in writing to personnel identified as responsible for the administration of patent matters and in a format suggested by the Recipient each subject invention made under this award in order that the Recipient can comply with the disclosure provisions of paragraph (c) of this Patent Rights clause, and to execute all papers necessary to file patent applications on subject inventions and to establish the Government's ’s rights in the subject inventions. The disclosure format should require, as a minimum, the information requested by paragraph (c)(1) of this Patent Rights clause. The Recipient shall instruct such employees through the employee agreements or other suitable educational programs on the importance of reporting inventions in sufficient time to permit the filing of patent applications prior to U.S. or foreign statutory bars. (3. ) The Recipient will notify DOE of any decision not to continue prosecution of a patent application, pay maintenance fees, or defend in a reexamination or opposition proceeding on a patent, in any country, not less than 30 days before the expiration of the response period required by the relevant patent office. (4. ) The Recipient agrees to include, within the specification of any U.S. patent application and any patent issuing thereon covering a subject invention, the following statement: “This invention was made with Government support under (identify the award) awarded by (identify DOE). The Government has certain rights in this invention.”

Appears in 1 contract

Samples: Assistance Agreement (Myriant Corp)

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