Common use of RIGHTS TO SUBJECT INVENTIONS Clause in Contracts

RIGHTS TO SUBJECT INVENTIONS. Wherein DOE has granted the Participant and the Contractor the right to elect to retain title to their respective Subject Inventions. A. Each Party shall have the first option to elect to retain title to any of its Subject Inventions and that election shall be made: (1) for the Participant, within 12 months of disclosure of the Subject Invention to DOE or (2) for the Contractor, within the time period specified in its prime contract for electing to retain title to Subject Inventions. However, such election shall occur not later than 60 days prior to the time when any statutory bar might foreclose filing of a U.S. Patent application. The electing Party has one year to file a patent application after such election unless any statutory bar exists. If a Party elects not to retain title to any of its Subject Inventions or fails to timely file a patent application, the other Party shall have the second option to elect to obtain title to such Subject Invention within the time period specified in paragraph B below. For Subject Inventions that are joint Subject Inventions of the Contractor and the Participant, title to such Subject Inventions shall be jointly owned by the Contractor and the Participant. B. The Parties agree to assign to DOE, as requested by DOE, the entire right, title and interest in any country to each Subject Invention where the Parties (1) do not elect pursuant to this article to retain/obtain such rights, or (2) elect to retain/obtain title to a Subject Invention but fail to have a patent application filed in that country on the Subject Invention or decide not to continue prosecution or not to pay any maintenance fees covering the Subject Invention. If DOE is granted a patent on Participant’s Subject Invention, the Participant may request a non-exclusive license and DOE will determine whether to grant such license pursuant to statutory authority. C. The Parties acknowledge that the Government retains a nonexclusive, nontransferable, irrevocable, paid-up license to practice or to have practiced for or on behalf of the United States every Subject Invention under this CRADA throughout the world. The Parties agree to execute a Confirmatory License to affirm the Government’s retained license. D. The Parties agree to disclose to each other each Subject Invention which may be patentable or otherwise protectable under U.S. patent law. The Parties agree that the Contractor and the Participant will disclose their respective Subject Inventions to DOE and each other within two (2) months after the inventor first discloses the Subject Invention in writing to the person(s) responsible for patent matters of the disclosing Party. These disclosures should be in sufficiently complete technical detail to convey a clear understanding, to the extent known at the time of the disclosure, of the nature, purpose, and operation of the Subject Invention. The disclosure shall also identify any known actual or potential statutory bars, e.g., printed publications describing the Subject Invention or the public use or “on sale” of the Subject Invention. The Parties further agree to disclose to each other any subsequently known actual or potential statutory bar that occurs for a Subject Invention disclosed but for which a patent application has not been filed. All Subject Invention disclosures shall be marked as confidential under 35 U.S.C. 205. E. The Parties agree to include within the beginning of the specification of any U.S. patent applications and any patent issuing thereon (including non-U.S. patents) covering a Subject Invention, the following statement: “This invention was made under a CRADA (identify CRADA number) between (name the Participant) and (name the laboratory) operated for the United States Department of Energy. The Government has certain rights in this invention.” F. The Parties acknowledge that DOE has certain march-in rights to any Subject Inventions in accordance with 48 CFR 27.304-1(g) and 15 U.S.C. 3710a(b)(1)(B) and (C). G. The Participant shall, at a minimum, retain a paid-up, royalty-free, nonexclusive, non- transferable, license without the right to sublicense, in a limited Field of Use as specified on the first page of this CRADA for any Subject Invention in which the Contractor retains title. After four (4) years from the end of this CRADA, the Participant license may be revoked or modified by the Contractor to extent necessary to achieve expeditious practical application of the Subject Invention pursuant to an application for an exclusive license by a third party. The Participant license will not be revoked in any field of use or the geographical areas in which the Participant has achieved practical application and continues to make the benefits of the Subject Invention reasonably accessible to the public. Before revocation or modification of the license, the Contractor will furnish the Participant a written notice of its intention to revoke or modify the license, and the Participant will be allowed thirty (30) days after the notice to show cause why the license should not be revoked or modified. The Participant has the right to appeal to DOE any decision concerning the revocation or modification of its license. Notwithstanding the license above, the Contractor has sole discretion on whether to exercise any of its rights under this Article including the right to elect to retain title to any of its Subject Inventions and whether and where to pursue patent protection for any of its Subject Inventions. In addition to the above nonexclusive license, for each Subject Invention of the Contractor, the Participant has the option for six (6) months from the date that the Subject Invention was disclosed to the Participant to choose an exclusive license, for reasonable compensation, in the limited Field of Use as specified on the first page of this CRADA to the Subject Invention.

RIGHTS TO SUBJECT INVENTIONS. Wherein DOE has granted the Participant and the Contractor the right to elect to retain title to their respective Subject Inventions. A. Each Party shall have the first option to elect to retain title to any of its Subject Inventions and that election shall be made: (1) for the Participant, within 12 months of disclosure of the Subject Invention to DOE or (2) for the Contractor, within the time period specified in its prime contract for electing to retain title to Subject Inventions. However, such election shall occur not later than 60 days prior to the time when any statutory bar might foreclose filing of a U.S. Patent application. The electing Party has one year to file a patent application after such election unless any statutory bar exists. If a Party elects not to retain title to any of its Subject Inventions or fails to timely file a patent application, the other Party shall have the second option to elect to obtain title to such Subject Invention within the time period specified in paragraph B belowone year of notification and file a patent application within one year after such election, or no less than 30 days prior to a statutory bar, if any. For Subject Inventions that are joint Subject Inventions of the Contractor and the Participant, title to such Subject Inventions shall be jointly owned by the Contractor and the Participant. B. The Parties agree to assign to DOE, as requested by DOE, the entire right, title and interest in any country to each Subject Invention where the Parties (1) do not elect pursuant to this article to retain/obtain such rights, or (2) elect to retain/obtain title to a Subject Invention but fail to have a patent application filed in that country on the Subject Invention or decide not to continue prosecution or not to pay any maintenance fees covering the Subject Invention. If DOE is granted a patent on Participant’s Subject Invention, the Participant may request a non-exclusive license and DOE will determine whether to grant such license pursuant to statutory authority. C. The Parties acknowledge that the Government retains a nonexclusive, nontransferable, irrevocable, paid-up license to practice or to have practiced for or on behalf of the United States every Subject Invention under this CRADA throughout the world. The Parties agree to execute a Confirmatory License to affirm the Government’s retained license. D. The Parties agree to disclose to each other each Subject Invention which may be patentable or otherwise protectable under U.S. patent law. The Parties agree that the Contractor and the Participant will disclose their respective Subject Inventions to DOE and each other within two (2) months after the inventor first discloses the Subject Invention in writing to the person(s) responsible for patent matters of the disclosing Party. These disclosures should be in sufficiently complete technical detail to convey a clear understanding, to the extent known at the time of the disclosure, of the nature, purpose, and operation of the Subject Invention. The disclosure shall also identify any known actual or potential statutory bars, e.g., printed publications describing the Subject Invention or the public use or “on sale” of the Subject Invention. The Parties further agree to disclose to each other any subsequently known actual or potential statutory bar that occurs for a Subject Invention disclosed but for which a patent application has not been filed. All Subject Invention disclosures shall be marked as confidential under 35 U.S.C. 205. E. The Parties agree to include within the beginning of the specification of any U.S. patent applications and any patent issuing thereon (including non-U.S. patents) covering a Subject Invention, the following statement: “This invention was made under a CRADA (identify CRADA number) between (name the Participant) and (name the laboratory) operated for the United States Department of Energy. The Government has certain rights in this invention.” F. The Parties acknowledge that DOE has certain march-in rights to any Subject Inventions in accordance with 48 CFR 27.304-1(g) and 15 U.S.C. 3710a(b)(1)(B) and (C). G. The Participant shall, at a minimum, retain a paid-up, royalty-free, nonexclusive, non- transferable, license without the right to sublicense, in a limited Field of Use as specified on the first page of this CRADA for any Subject Invention in which the Contractor retains title. After four (4) years from the end of this CRADA, the Participant license may be revoked or modified by the Contractor to extent necessary to achieve expeditious practical application of the Subject Invention pursuant to an application for an exclusive license by a third party. The Participant license will not be revoked in any field of use or the geographical areas in which the Participant has achieved practical application and continues to make the benefits of the Subject Invention reasonably accessible to the public. Before revocation or modification of the license, the Contractor will furnish the Participant a written notice of its intention to revoke or modify the license, and the Participant will be allowed thirty (30) days after the notice to show cause why the license should not be revoked or modified. The Participant has the right to appeal to DOE any decision concerning the revocation or modification of its license. Notwithstanding the license above, the Contractor has sole discretion on whether to exercise any of its rights under this Article including the right to elect to retain title to any of its Subject Inventions and whether and where to pursue patent protection for any of its Subject Inventions. In addition to the above nonexclusive license, for For each Subject Invention of the Contractor, the Participant has the option for six (6) months from the date that the Subject Invention was disclosed to the Participant to choose negotiate up to an exclusive license, for in a defined field of use on agreed-upon reasonable compensationterms and conditions, in including the limited Field payment of Use as specified on the first page of this CRADA to the Subject Inventionnegotiated license fees and royalties.

RIGHTS TO SUBJECT INVENTIONS. Wherein DOE has granted the Participant Participants and the Contractor Contractors the right to elect to retain title to their respective Subject Inventions. A. Each Party shall have the first option to elect to retain title to any of its Subject Inventions and that election shall be made: (1) for the Participant, within 12 months of disclosure of the Subject Invention to DOE or (2) for the Contractor, within the time period specified in its prime contract for electing to retain title to Subject Inventions. However, such election shall occur not later than 60 days prior to the time when any statutory bar might foreclose filing of a U.S. Patent application. The electing Party has one year to file a patent application after such election unless any statutory bar exists. If a Party elects not to retain title to any of its Subject Inventions or fails to timely file a patent application, the other Party shall have the second option to elect to obtain title to such Subject Invention within the time period specified in paragraph B belowone year of notification and file a patent application within one year after such election, or no less than 30 days prior to a statutory bar, if any. For Subject Inventions that are joint Subject Inventions of the Contractor and the Participant, title to such Subject Inventions shall be jointly owned by the Contractor and the Participant. B. The Parties agree to assign to DOE, as requested by DOE, the entire right, title and interest in any country to each Subject Invention where the Parties (1) do not elect pursuant to this article to retain/obtain such rights, or (2) elect to retain/obtain title to a Subject Invention but fail to have a patent application filed in that country on the Subject Invention or decide not to continue prosecution or not to pay any maintenance fees covering the Subject Invention. If DOE is granted a patent on Participant’s Subject Invention, the Participant may request a non-exclusive license and DOE will determine whether to grant such license pursuant to statutory authority. C. The Parties acknowledge that the Government retains a nonexclusive, nontransferable, irrevocable, paid-up license to practice or to have practiced for or on behalf of the United States every Subject Invention under this CRADA throughout the world. The Parties agree to execute a Confirmatory License to affirm the Government’s retained license. D. The Parties agree to disclose to each other each Subject Invention which may be patentable or otherwise protectable under U.S. patent law. The Parties agree that the Contractor Contractors and the Participant Participants will disclose their respective Subject Inventions to DOE and each other within two (2) months after the inventor first discloses the Subject Invention in writing to the person(s) responsible for patent matters of the disclosing Party. These disclosures should be in sufficiently complete technical detail to convey a clear understanding, to the extent known at the time of the disclosure, of the nature, purpose, and operation of the Subject Invention. The disclosure shall also identify any known actual or potential statutory bars, e.g., printed publications describing the Subject Invention or the public use or “on sale” of the Subject Invention. The Parties further agree to disclose to each other any subsequently known actual or potential statutory bar that occurs for a Subject Invention disclosed but for which a patent application has not been filed. All Subject Invention disclosures shall be marked as confidential under 35 U.S.C. 205. E. The Parties agree to include within the beginning of the specification of any U.S. patent applications and any patent issuing thereon (including non-U.S. patents) covering a Subject Invention, the following statement: “This invention was made under a CRADA (identify CRADA number) between (name the Participant) and (name the laboratory) operated for the United States Department of Energy. The Government has certain rights in this invention.” F. The Parties acknowledge that DOE has certain march-in rights to any Subject Inventions in accordance with 48 CFR 27.304-1(g) and 15 U.S.C. 3710a(b)(1)(B) and (C). G. The Participant shall, at a minimum, retain a paid-up, royalty-free, nonexclusive, non- transferable, license without the right to sublicense, in a limited Field of Use as specified on the first page of this CRADA for any Subject Invention in which the Contractor retains title. After four (4) years from the end of this CRADA, the Participant license may be revoked or modified by the Contractor to extent necessary to achieve expeditious practical application of the Subject Invention pursuant to an application for an exclusive license by a third party. The Participant license will not be revoked in any field of use or the geographical areas in which the Participant has achieved practical application and continues to make the benefits of the Subject Invention reasonably accessible to the public. Before revocation or modification of the license, the Contractor will furnish the Participant a written notice of its intention to revoke or modify the license, and the Participant will be allowed thirty (30) days after the notice to show cause why the license should not be revoked or modified. The Participant has the right to appeal to DOE any decision concerning the revocation or modification of its license. Notwithstanding the license above, the Contractor has sole discretion on whether to exercise any of its rights under this Article including the right to elect to retain title to any of its Subject Inventions and whether and where to pursue patent protection for any of its Subject Inventions. In addition to the above nonexclusive license, for For each Subject Invention of the Contractor, the Participant has Participants have the option for six (6) months from the date that the Subject Invention was disclosed to the Participant to choose negotiate up to an exclusive license, for in a defined field of use on agreed-upon reasonable compensationterms and conditions, in including the limited Field payment of Use as specified on the first page of this CRADA to the Subject Inventionnegotiated license fees and royalties.

RIGHTS TO SUBJECT INVENTIONS. Wherein DOE has granted the Participant and the Contractor the right to elect to retain title to their respective Subject Inventions. A. Each Party shall have the first option to elect to retain title to any of its Subject Inventions and that election shall be made: (1) for the Participant, within 12 months of disclosure of the Subject Invention to DOE or (2) for the Contractor, within the time period specified in its prime contract for electing to retain title to Subject Inventions. However, such election shall occur not later than 60 days prior to the time when any statutory bar might foreclose filing of a U.S. Patent application. The electing Party has one year to file a patent application after such election unless any statutory bar exists. If a Party elects not to retain title to any of its Subject Inventions or fails to timely file a patent application, the other Party shall have the second option to elect to obtain title to such Subject Invention within the time period specified in paragraph B belowone year of notification and file a file patent application within one year after such election, or no less than 30 days prior to a statutory bar, if any. For Subject Inventions that are joint Subject Inventions of the Contractor and the Participant, title to such Subject Inventions shall be jointly owned by the Contractor and the Participant. B. The Parties agree to assign to DOE, as requested by DOE, the entire right, title and interest in any country to each Subject Invention where the Parties (1) do not elect pursuant to this article to retain/obtain such rights, or (2) elect to retain/obtain title to a Subject Invention but fail to have a patent application filed in that country on the Subject Invention or decide not to continue prosecution or not to pay any maintenance fees covering the Subject Invention. If DOE is granted a patent on Participant’s Subject Invention, the Participant may request a non-exclusive license and DOE will determine whether to grant such license pursuant to statutory authority. C. The Parties acknowledge that the Government retains a nonexclusive, nontransferable, irrevocable, paid-up license to practice or to have practiced for or on behalf of the United States every Subject Invention under this CRADA throughout the world. The Parties agree to execute a Confirmatory License to affirm the Government’s retained license. D. The Parties agree to disclose to each other each Subject Invention which may be patentable or otherwise protectable under U.S. patent law. The Parties agree that the Contractor and the Participant will disclose their respective Subject Inventions to DOE and each other within two (2) months after the inventor first discloses the Subject Invention in writing to the person(s) responsible for patent matters of the disclosing Party. These disclosures should be in sufficiently complete technical detail to convey a clear understanding, to the extent known at the time of the disclosure, of the nature, purpose, and operation of the Subject Invention. The disclosure shall also identify any known actual or potential statutory bars, e.g., printed publications describing the Subject Invention or the public use or “on sale” of the Subject Invention. The Parties further agree to disclose to each other any subsequently known actual or potential statutory bar that occurs for a Subject Invention disclosed but for which a patent application has not been filed. All Subject Invention disclosures shall be marked as confidential under 35 U.S.C. 205. E. The Parties agree to include within the beginning of the specification of any U.S. patent applications and any patent issuing thereon (including non-U.S. patents) covering a Subject Invention, the following statement: “This invention was made under a CRADA (identify CRADA number) between (name the Participant) and (name the laboratory) operated for the United States Department of Energy. The Government has certain rights in this invention.” F. The Parties acknowledge that DOE has certain march-in rights to any Subject Inventions in accordance with 48 CFR 27.304-1(g) and 15 U.S.C. 3710a(b)(1)(B) and (C). G. The Participant shall, at a minimum, retain a paid-up, royalty-free, nonexclusive, non- transferable, license without the right to sublicense, in a limited Field of Use as specified on the first page of this CRADA for any Subject Invention in which the Contractor retains title. After four (4) years from the end of this CRADA, the Participant license may be revoked or modified by the Contractor to extent necessary to achieve expeditious practical application of the Subject Invention pursuant to an application for an exclusive license by a third party. The Participant license will not be revoked in any field of use or the geographical areas in which the Participant has achieved practical application and continues to make the benefits of the Subject Invention reasonably accessible to the public. Before revocation or modification of the license, the Contractor will furnish the Participant a written notice of its intention to revoke or modify the license, and the Participant will be allowed thirty (30) days after the notice to show cause why the license should not be revoked or modified. The Participant has the right to appeal to DOE any decision concerning the revocation or modification of its license. Notwithstanding the license above, the Contractor has sole discretion on whether to exercise any of its rights under this Article including the right to elect to retain title to any of its Subject Inventions and whether and where to pursue patent protection for any of its Subject Inventions. In addition to the above nonexclusive license, for For each Subject Invention of the Contractor, the Participant has the option for six (6) months from the date that the Subject Invention was disclosed to the Participant to choose an exclusive license, for reasonable compensation, in the limited Field of Use as specified on the first page of this CRADA to the Subject Invention.

RIGHTS TO SUBJECT INVENTIONS. Wherein DOE has granted the Participant and the Contractor the right to elect to retain title to their respective Subject Inventions. A. Each Party shall have the first option to elect to retain title to any of its Subject Inventions and that election shall be made: (1) for the Participant, within 12 months of disclosure of the Subject Invention to DOE or (2) for the Contractor, within the time period specified in its prime contract for electing to retain title to Subject Inventions. However, such election shall occur not later than 60 days prior to the time when any statutory bar might foreclose filing of a U.S. Patent application. The electing Party has one year to file a patent application after such election unless any statutory bar exists. If a Party elects not to retain title to any of its Subject Inventions or fails to timely file a patent application, the other Party shall have the second option to elect to obtain title to such Subject Invention within the time period specified in paragraph B below. For Subject Inventions that are joint Subject Inventions of the Contractor and the Participant, title to such Subject Inventions shall be jointly owned by the Contractor and the Participant. B. The Parties agree to assign to DOE, as requested by DOE, the entire right, title and interest in any country to each Subject Invention where the Parties (1) do not elect pursuant to this article to retain/obtain such rights, or (2) elect to retain/obtain title to a Subject Invention but fail to have a patent application filed in that country on the Subject Invention or decide not to continue prosecution or not to pay any maintenance fees covering the Subject Invention. If DOE is granted a patent on Participant’s Subject Invention, the Participant may request a non-exclusive license and DOE will determine whether to grant such license pursuant to statutory authority. C. The Parties acknowledge that the Government retains a nonexclusive, nontransferable, irrevocable, paid-up license to practice or to have practiced for or on behalf of the United States every Subject Invention under this CRADA throughout the world. The Parties agree to execute a Confirmatory License to affirm the Government’s retained license. D. The Parties agree to disclose to each other each Subject Invention which may be patentable or otherwise protectable under U.S. patent law. The Parties agree that the Contractor and the Participant will disclose their respective Subject Inventions to DOE and each other within two (2) months after the inventor first discloses the Subject Invention in writing to the person(s) responsible for patent matters of the disclosing Party. These disclosures should be in sufficiently complete technical detail to convey a clear understanding, to the extent known at the time of the disclosure, of the nature, purpose, and operation of the Subject Invention. The disclosure shall also identify any known actual or potential statutory bars, e.g., printed publications describing the Subject Invention or the public use or “on sale” of the Subject Invention. The Parties further agree to disclose to each other any subsequently known actual or potential statutory bar that occurs for a Subject Invention disclosed but for which a patent application has not been filed. All Subject Invention disclosures shall be marked as confidential under 35 U.S.C. 205. E. The Parties agree to include within the beginning of the specification of any U.S. patent applications and any patent issuing thereon (including non-U.S. patents) covering a Subject Invention, the following statement: “This invention was made under a CRADA (identify CRADA number) between (name the Participant) and (name the laboratory) operated for the United States Department of Energy. The Government has certain rights in this invention.” F. The Parties acknowledge that DOE has certain march-in rights to any Subject Inventions in accordance with 48 CFR 27.304-1(g) and 15 U.S.C. 3710a(b)(1)(B) and (C). G. The Participant shall, at a minimum, retain a paid-up, royalty-free, nonexclusive, non- transferable, license without the right to sublicense, in a limited Field of Use as specified on the first page of this CRADA for any Subject Invention in which the Contractor retains title. After four (4) years from the end of this CRADA, the Participant license may be revoked or modified by the Contractor to extent necessary to achieve expeditious practical application of the Subject Invention pursuant to an application for an exclusive license by a third party. The Participant license will not be revoked in any field of use or the geographical areas in which the Participant has achieved practical application and continues to make the benefits of the Subject Invention reasonably accessible to the public. Before revocation or modification of the license, the Contractor will furnish the Participant a written notice of its intention to revoke or modify the license, and the Participant will be allowed thirty (30) days after the notice to show cause why the license should not be revoked or modified. The Participant has the right to appeal to DOE any decision concerning the revocation or modification of its license. Notwithstanding the license above, the Contractor has sole discretion on whether to exercise any of its rights under this Article including the right to elect to retain title to any of its Subject Inventions and whether and where to pursue patent protection for any of its Subject Inventions. In addition to the above nonexclusive license, for For each Subject Invention of the Contractor, the Participant has the option for six (6) months from the date that the Subject Invention was disclosed to the Participant to choose an exclusive license, for reasonable compensation, in the limited Field of Use as specified on the first page of this CRADA to the Subject Invention.

RIGHTS TO SUBJECT INVENTIONS. Wherein DOE has granted the Participant and the Contractor the right to elect to retain title to their respective Subject Inventions. A. . Each Party shall have the first option to elect to retain title to any of its Subject Inventions and that election shall be made: (1) for the Participant, within 12 months of disclosure of the Subject Invention to DOE or (2) for the Contractor, within the time period specified in its prime contract for electing to retain title to Subject Inventions. However, such election shall occur not later than 60 days prior to the time when any statutory bar might foreclose filing of a U.S. Patent application. The electing Party has one year to file a patent application after such election unless any statutory bar exists. If a Party elects not to retain title to any of its Subject Inventions or fails to timely file a patent application, the other Party shall have the second option to elect to obtain title to such Subject Invention within the time period specified in paragraph B below. For Subject Inventions that are joint Subject Inventions of the Contractor and the Participant, title to such Subject Inventions shall be jointly owned by the Contractor and the Participant. B. . The Parties agree to assign to DOE, as requested by DOE, the entire right, title and interest in any country to each Subject Invention where the Parties (1) do not elect pursuant to this article to retain/obtain such rights, or (2) elect to retain/obtain title to a Subject Invention but fail to have a patent application filed in that country on the Subject Invention or decide not to continue prosecution or not to pay any maintenance fees covering the Subject Invention. If DOE is granted a patent on Participant’s Subject Invention, the Participant may request a non-exclusive license and DOE will determine whether to grant such license pursuant to statutory authority. C. . The Parties acknowledge that the Government retains a nonexclusive, nontransferable, irrevocable, paid-up license to practice or to have practiced for or on behalf of the United States every Subject Invention under this CRADA throughout the world. The Parties agree to execute a Confirmatory License to affirm the Government’s retained license. D. . The Parties agree to disclose to each other each Subject Invention which may be patentable or otherwise protectable under U.S. patent law. The Parties agree that the Contractor and the Participant will disclose their respective Subject Inventions to DOE and each other within two (2) months after the inventor first discloses the Subject Invention in writing to the person(s) responsible for patent matters of the disclosing Party. These disclosures should be in sufficiently complete technical detail to convey a clear understanding, to the extent known at the time of the disclosure, of the nature, purpose, and operation of the Subject Invention. The disclosure shall also identify any known actual or potential statutory bars, e.g., printed publications describing the Subject Invention or the public use or “on sale” of the Subject Invention. The Parties further agree to disclose to each other any subsequently known actual or potential statutory bar that occurs for a Subject Invention disclosed but for which a patent application has not been filed. All Subject Invention disclosures shall be marked as confidential under 35 U.S.C. 205. E. . The Parties agree to include within the beginning of the specification of any U.S. patent applications and any patent issuing thereon (including non-U.S. patents) covering a Subject Invention, the following statement: “This invention was made under a CRADA (identify CRADA number) between (name the Participant) and (name the laboratory) operated for the United States Department of Energy. The Government has certain rights in this invention.” F. ” The Parties acknowledge that DOE has certain march-in rights to any Subject Inventions in accordance with 48 CFR 27.304-1(g) and 15 U.S.C. 3710a(b)(1)(B) and (C). G. . The Participant shall, at a minimum, retain a paid-up, royalty-free, nonexclusive, non- transferable, license without the right to sublicense, in a limited Field of Use as specified on the first page of this CRADA for any Subject Invention in which the Contractor retains title. After four (4) years from the end of this CRADA, the Participant license may be revoked or modified by the Contractor to extent necessary to achieve expeditious practical application of the Subject Invention pursuant to an application for an exclusive license by a third party. The Participant license will not be revoked in any field of use or the geographical areas in which the Participant has achieved practical application and continues to make the benefits of the Subject Invention reasonably accessible to the public. Before revocation or modification of the license, the Contractor will furnish the Participant a written notice of its intention to revoke or modify the license, and the Participant will be allowed thirty (30) days after the notice to show cause why the license should not be revoked or modified. The Participant has the right to appeal to DOE any decision concerning the revocation or modification of its license. Notwithstanding the license above, the Contractor has sole discretion on whether to exercise any of its rights under this Article including the right to elect to retain title to any of its Subject Inventions and whether and where to pursue patent protection for any of its Subject Inventions. In addition to the above nonexclusive license, for each Subject Invention of the Contractor, the Participant has the option for six (6) months from the date that the Subject Invention was disclosed to the Participant to choose an exclusive license, for reasonable compensation, in the limited Field of Use as specified on the first page of this CRADA to the Subject Invention.

RIGHTS TO SUBJECT INVENTIONS. Wherein DOE has granted the Participant and the Contractor the right to elect to retain title to their respective Subject Inventions. A. Each Party shall have the first option to elect to retain title to any of its Subject Inventions and that election shall be made: (1) for the Participant, within 12 months of disclosure of the Subject Invention to DOE or (2) for the Contractor, within the time period specified in its prime contract for electing to retain title to Subject Inventions. However, such election shall occur not later than 60 days prior to the time when any statutory bar might foreclose filing of a U.S. Patent application. The electing Party has one year to file a patent application after such election unless any statutory bar exists. If a Party elects not to retain title to any of its Subject Inventions or fails to timely file a patent application, the other Party shall have the second option to elect to obtain title to such Subject Invention within the time period specified in paragraph B below. For Subject Inventions that are joint Subject Inventions of the Contractor and the Participant, title to such Subject Inventions shall be jointly owned by the Contractor and the Participant. B. The Parties agree to assign to DOE, as requested by DOEXXX, the entire right, title and interest in any country to each Subject Invention where the Parties (1) do not elect pursuant to this article to retain/obtain such rights, or (2) elect to retain/obtain title to a Subject Invention but fail to have a patent application filed in that country on the Subject Invention or decide not to continue prosecution or not to pay any maintenance fees covering the Subject Invention. If DOE is granted a patent on Participant’s Subject Invention, the Participant may request a non-exclusive license and DOE will determine whether to grant such license pursuant to statutory authority. C. The Parties acknowledge that the Government retains a nonexclusive, nontransferable, irrevocable, paid-up license to practice or to have practiced for or on behalf of the United States every Subject Invention under this CRADA throughout the world. The Parties agree to execute a Confirmatory License to affirm the Government’s retained license. D. The Parties agree to disclose to each other each Subject Invention which may be patentable or otherwise protectable under U.S. patent law. The Parties agree that the Contractor and the Participant will disclose their respective Subject Inventions to DOE and each other within two (2) months after the inventor first discloses the Subject Invention in writing to the person(s) responsible for patent matters of the disclosing Party. These disclosures should be in sufficiently complete technical detail to convey a clear understanding, to the extent known at the time of the disclosure, of the nature, purpose, and operation of the Subject Invention. The disclosure shall also identify any known actual or potential statutory bars, e.g., printed publications describing the Subject Invention or the public use or “on sale” of the Subject Invention. The Parties further agree to disclose to each other any subsequently known actual or potential statutory bar that occurs for a Subject Invention disclosed but for which a patent application has not been filed. All Subject Invention disclosures shall be marked as confidential under 35 U.S.C. 205. E. The Parties agree to include within the beginning of the specification of any U.S. patent applications and any patent issuing thereon (including non-U.S. patents) covering a Subject Invention, the following statement: “This invention was made under a CRADA (identify CRADA number) between (name the Participant) and (name the Contractor), operator of (name of the laboratory) operated for the United States Department of Energy. The Government has certain rights in this invention.” F. The Parties acknowledge that DOE has certain march-in rights to any Subject Inventions in accordance with 48 CFR 27.304-1(g) and 15 U.S.C. 3710a(b)(1)(B) and (C). G. The Participant shall, at a minimum, retain a paid-up, royalty-free, nonexclusive, non- transferable, license without the right to sublicense, in a limited Field of Use as specified on the first page of this CRADA for any Subject Invention in which the Contractor retains title. After four (4) years from the end of this CRADA, the Participant license may be revoked or modified by the Contractor to extent necessary to achieve expeditious practical application of the Subject Invention pursuant to an application for an exclusive license by a third party. The Participant license will not be revoked in any field of use or the geographical areas in which the Participant has achieved practical application and continues to make the benefits of the Subject Invention reasonably accessible to the public. Before revocation or modification of the license, the Contractor will furnish the Participant a written notice of its intention to revoke or modify the license, and the Participant will be allowed thirty (30) days after the notice to show cause why the license should not be revoked or modified. The Participant has the right to appeal to DOE any decision concerning the revocation or modification of its license. Notwithstanding the license above, the Contractor has sole discretion on whether to exercise any of its rights under this Article including the right to elect to retain title to any of its Subject Inventions and whether and where to pursue patent protection for any of its Subject Inventions. In addition to the above nonexclusive license, for each Subject Invention of the Contractor, the Participant has the option for six (6) months from the date that the Subject Invention was disclosed to the Participant to choose an exclusive license, for reasonable compensation, in the limited Field of Use as specified on the first page of this CRADA to the Subject Invention.

RIGHTS TO SUBJECT INVENTIONS. Wherein DOE has granted the Participant and the Contractor the right to elect to retain title to their respective Subject Inventions. A. Each Party shall have the first option to elect to retain title to any of its Subject Inventions and that election shall be made: (1) for solely made by its employees during the Participant, within 12 months of disclosure of the Subject Invention to DOE or (2) for the Contractor, within the time period specified in its prime contract for electing to retain title to Subject Inventions. However, such election shall occur not later than 60 days prior to the time when any statutory bar might foreclose filing of a U.S. Patent application. The electing Party has one year to file a patent application after such election unless any statutory bar exists. If a Party elects not to retain title to any of its Subject Inventions or fails to timely file a patent application, the other Party shall have the second option to elect to obtain title to such Subject Invention within the time period specified in paragraph B below. For Subject Inventions that are joint Subject Inventions of the Contractor and the Participant, title to such Subject Inventions shall be jointly owned by the Contractor and the Participant. B. The Parties agree to assign to DOE, as requested by DOE, the entire right, title and interest in any country to each Subject Invention where the Parties (1) do not elect pursuant to this article to retain/obtain such rights, or (2) elect to retain/obtain title to a Subject Invention but fail to have a patent application filed in that country on the Subject Invention or decide not to continue prosecution or not to pay any maintenance fees covering the Subject Invention. If DOE is granted a patent on Participant’s Subject Invention, the Participant may request a non-exclusive license and DOE will determine whether to grant such license pursuant to statutory authority. C. The Parties acknowledge that the Government retains a nonexclusive, nontransferable, irrevocable, paid-up license to practice or to have practiced for or on behalf of the United States every Subject Invention work under this CRADA throughout the worldCRADA. The Parties agree to execute a Confirmatory License to affirm the Government’s retained license. D. The Parties agree to disclose to each other each and every Subject Invention Invention, which may be patentable or otherwise protectable under U.S. patent lawthe Patent Act. The Parties agree acknowledge that the Contractor and the Participant will disclose their respective Subject Inventions to the DOE and each other within two (2) months after the inventor first discloses the Subject Invention in writing to the person(s) responsible for patent matters of the disclosing Party. These disclosures should be in sufficiently complete technical detail to convey a clear understanding, to the extent known at the time of the disclosure, of the nature, purpose, and operation of the Subject Invention. The disclosure shall also identify any known actual or potential statutory bars, e.g., printed publications describing the Subject Invention or the public use or “on sale” of the Subject Invention. The Parties further agree to disclose to each other any subsequently known actual or potential statutory bar that occurs for a Subject Invention disclosed but for which a patent application has not been filed. All Subject Invention disclosures shall be marked as confidential under 35 U.S.C. 205. E. The 205 and the Parties agree to include within the beginning protect such disclosures from public disclosure for a period of the specification of any U.S. patent applications and any patent issuing thereon three (including non-U.S. patents) covering a Subject Invention, the following statement: “This invention was made under a CRADA (identify CRADA number) between (name the Participant) and (name the laboratory) operated for the United States Department of Energy. The Government has certain rights in this invention.” F. The Parties acknowledge that DOE has certain march-in rights to any Subject Inventions in accordance with 48 CFR 27.304-1(g) and 15 U.S.C. 3710a(b)(1)(B) and (C). G. The Participant shall, at a minimum, retain a paid-up, royalty-free, nonexclusive, non- transferable, license without the right to sublicense, in a limited Field of Use as specified on the first page of this CRADA for any Subject Invention in which the Contractor retains title. After four (43) years from the end date of this CRADA, the Participant license may be revoked or modified disclosure by the Contractor to extent necessary to achieve expeditious practical application of the Subject Invention pursuant to an application for an exclusive license by a third party. The Participant license will not be revoked in any field of use or the geographical areas in which the Participant has achieved practical application and continues to make the benefits of the Subject Invention reasonably accessible one Party to the publicother. Before revocation or modification of the license, the Contractor will furnish the Participant If a written notice of its intention to revoke or modify the license, and the Participant will be allowed thirty (30) days after the notice to show cause why the license should Party elects not be revoked or modified. The Participant has the right to appeal to DOE any decision concerning the revocation or modification of its license. Notwithstanding the license above, the Contractor has sole discretion on whether to exercise any of its rights under this Article including the right to elect to retain title to any such Subject Invention of its employees, then the other Party shall have the option of electing to retain title to such Subject Inventions and whether and where under this Agreement. B. The Parties acknowledge that the DOE may obtain title to pursue patent protection for any of its Subject Inventions. In addition to the above nonexclusive license, for each Subject Invention of reported under this Article for which a patent application is not filed, a patent application is not prosecuted to issuance, or any issued patent is not maintained by any Party to this CRADA. The Government shall retain a nonexclusive, non-transferable, irrevocable, paid-up license to practice, or to have practiced, for or on its behalf all Subject Inventions under this CRADA throughout the Contractorworld. C. For Subject Inventions conceived or first actually reduced to practice under this CRADA which are joint Subject Inventions made by the Contractor and the Participant, title to such Subject Inventions shall be jointly owned by the Contractor and the Participant. D. The Participant has the option option, for six (6) months from after the date that the of disclosure of a Subject Invention was disclosed to the Participant by the Contractor, to choose an exclusive licensechoose, for reasonable compensation, an exclusive license to Contractor’s Subject Invention(s) in the limited Field field of Use as specified on the first page of this CRADA to the Subject Invention.use of

RIGHTS TO SUBJECT INVENTIONS. Wherein DOE has granted the Participant and the Contractor the right to elect to retain title to their respective Subject Inventions. A. Each Party shall have the first option to elect to retain title to any of its Subject Inventions and that election shall be made: (1) for solely made by its employees during the Participant, within 12 months of disclosure of the Subject Invention to DOE or (2) for the Contractor, within the time period specified in its prime contract for electing to retain title to Subject Inventions. However, such election shall occur not later than 60 days prior to the time when any statutory bar might foreclose filing of a U.S. Patent application. The electing Party has one year to file a patent application after such election unless any statutory bar exists. If a Party elects not to retain title to any of its Subject Inventions or fails to timely file a patent application, the other Party shall have the second option to elect to obtain title to such Subject Invention within the time period specified in paragraph B below. For Subject Inventions that are joint Subject Inventions of the Contractor and the Participant, title to such Subject Inventions shall be jointly owned by the Contractor and the Participant. B. The Parties agree to assign to DOE, as requested by DOE, the entire right, title and interest in any country to each Subject Invention where the Parties (1) do not elect pursuant to this article to retain/obtain such rights, or (2) elect to retain/obtain title to a Subject Invention but fail to have a patent application filed in that country on the Subject Invention or decide not to continue prosecution or not to pay any maintenance fees covering the Subject Invention. If DOE is granted a patent on Participant’s Subject Invention, the Participant may request a non-exclusive license and DOE will determine whether to grant such license pursuant to statutory authority. C. The Parties acknowledge that the Government retains a nonexclusive, nontransferable, irrevocable, paid-up license to practice or to have practiced for or on behalf of the United States every Subject Invention work under this CRADA throughout the worldCRADA. The Parties agree to execute a Confirmatory License to affirm the Government’s retained license. D. The Parties agree to disclose to each other each and every Subject Invention Invention, which may be patentable or otherwise protectable under U.S. patent lawthe Patent Act. The Parties agree acknowledge that the Contractor and the Participant will disclose their respective Subject Inventions to the DOE and each other within two (2) months after the inventor first discloses the Subject Invention in writing to the person(s) responsible for patent matters of the disclosing Party. These disclosures should be in sufficiently complete technical detail If a Party elects not to convey a clear understanding, retain title to the extent known at the time of the disclosure, of the nature, purpose, and operation of the Subject Invention. The disclosure shall also identify any known actual or potential statutory bars, e.g., printed publications describing the such Subject Invention or of its employees, then the public use or “on sale” other Party shall have the option of the electing to retain title to such Subject Invention. Inventions under this CRADA. B. The Parties further agree to disclose acknowledge that the DOE may obtain title to each other any subsequently known actual or potential statutory bar that occurs for a Subject Invention disclosed but reported under this Article for which a patent application has is not been filed. All Subject Invention disclosures shall be marked as confidential under 35 U.S.C. 205. E. The Parties agree , a patent application is not prosecuted to include within the beginning of the specification of issuance, or any U.S. issued patent applications and any patent issuing thereon (including non-U.S. patents) covering a Subject Invention, the following statement: “This invention was made under a CRADA (identify CRADA number) between (name the Participant) and (name the laboratory) operated for the United States Department of Energyis not maintained by either Party to this CRADA. The Government has certain rights in this invention.” F. The Parties acknowledge that DOE has certain marchshall retain a nonexclusive, non-in rights transferable, irrevocable, paid-up license to any practice, or to have practiced, for or on its behalf all Subject Inventions in accordance with 48 CFR 27.304-1(g) and 15 U.S.C. 3710a(b)(1)(B) and (C)under this CRADA throughout the world. G. The Participant shall, at a minimum, retain a paid-up, royalty-free, nonexclusive, non- transferable, license without the right C. For Subject Inventions conceived or first actually reduced to sublicense, in a limited Field of Use as specified on the first page of practice under this CRADA for any which are joint Subject Invention in which the Contractor retains title. After four (4) years from the end of this CRADA, the Participant license may be revoked or modified Inventions made by the Contractor and the Participant, title to extent necessary to achieve expeditious practical application of the such Subject Invention pursuant to an application for an exclusive license Inventions shall be jointly owned by a third party. The Participant license will not be revoked in any field of use or the geographical areas in which the Participant has achieved practical application and continues to make the benefits of the Subject Invention reasonably accessible to the public. Before revocation or modification of the license, the Contractor will furnish the Participant a written notice of its intention to revoke or modify the license, and the Participant will be allowed thirty (30) days after the notice to show cause why the license should not be revoked or modified. Participant. D. The Participant has the right to appeal to DOE any decision concerning the revocation or modification of its license. Notwithstanding the license above, the Contractor has sole discretion on whether to exercise any of its rights under this Article including the right to elect to retain title to any of its Subject Inventions and whether and where to pursue patent protection for any of its Subject Inventions. In addition to the above nonexclusive licenseoption, for each Subject Invention of the Contractor, the Participant has the option for up to six (6) months after receipt of notice from the date Contractor that the Contractor has elected title to any Contractor Subject Invention was disclosed Invention, to the Participant to choose an exclusive licensechoose, for reasonable compensation, an exclusive license to Contractor’s Subject Invention(s) in the limited Field field of Use as specified on the first page of this CRADA to the Subject Invention.use of