Special Provisions for Contracts with Nonprofit Organizations. If the Contractor is a nonprofit organization, it agrees that: i. Rights to a subject invention in the United States may not be assigned without the approval of the Federal Agency, except where such assignment is made to an organization which has as one of its primary functions the management of inventions, provided that such assignee will be subject to the same provisions as the Contractor; ii. The Contractor will share royalties collected on a subject invention with the inventor, including Federal employee co-inventors (when the Federal Agency deems it appropriate) when the subject invention is assigned in accordance with 35 U.S.C. § 202(e) and 37 CFR § 401.10; iii. The balance of any royalties or income earned by the Contractor with respect to subject inventions, after payment of expenses (including payments to inventors) incidental to the administration of subject inventions, will be utilized for the support of scientific research or education; and iv. It will make efforts that are reasonable under the circumstances to attract licensees of subject invention that are Small Business Firms and that it will give a preference to a Small Business Firm when licensing a subject invention if the Contractor determines that the Small Business Firm has a plan or proposal for marketing the invention which, if executed, is equally as likely to bring the invention to practical application as any plans or proposals from applicants that are not Small Business Firms; provided, that the Contractor is also satisfied that the Small Business Firm has the capability and resources to carry out its plan or proposal. The decision whether to give a preference in any specific case will be at the discretion of the Contractor. However, the Contractor agrees that the Secretary may review the Contractor’s licensing program and decisions regarding Small Business Firm applicants, and the Contractor will negotiate changes to its licensing policies, procedures, or practices with the Secretary when the Secretary’s review discloses that the Contractor could take reasonable steps to implement more effectively the requirements of this paragraph (k)(iv).
Appears in 4 contracts
Samples: Uniform Federal Contract Provisions Rider, Standard Terms and Conditions, Uniform Federal Contract Provisions Rider
Special Provisions for Contracts with Nonprofit Organizations. If the Contractor is a nonprofit organization, it agrees that:
i. (i) Rights to a subject invention in the United States may not be assigned without the approval of the Federal Agencyagency, except where such assignment is made to an organization which has as one of its primary functions the management of inventions, provided that such assignee will be subject to the same provisions as the Contractor;
(ii. ) The Contractor will share royalties collected on a subject invention with the inventor, including Federal employee co-inventors (when the Federal Agency agency deems it appropriate) when the subject invention is assigned in accordance with 35 U.S.C. § 202(e) and 37 CFR § 401.10;
(iii. ) The balance of any royalties or income earned by the Contractor with respect to subject inventions, after payment of expenses (including payments to inventors) incidental to the administration of subject inventions, will be utilized for the support of scientific research or education; and
(iv. ) It will make efforts that are reasonable under the circumstances to attract licensees of subject invention inventions that are Small Business Firms small business firms and that it will give a preference to a Small Business Firm small business firm when licensing a subject invention if the Contractor contractor determines that the Small Business Firm small business firm has a plan or proposal for marketing the invention which, if executed, is equally as likely to bring the invention to practical application as any plans or proposals from applicants that are not Small Business Firmssmall business firms; provided, that the Contractor contractor is also satisfied that the Small Business Firm small business firm has the capability and resources to carry out its plan or proposal. The decision whether to give a preference in any specific case will be at the discretion of the Contractorcontractor. However, the Contractor agrees that the Secretary Federal agency may review the Contractor’s 's licensing program and decisions regarding Small Business Firm small business applicants, and the Contractor will negotiate changes to its licensing policies, procedures, or practices with the Secretary Federal agency when the Secretary’s Federal agency's review discloses that the Contractor could take reasonable steps to implement more effectively the requirements of this paragraph (k)(iv). In accordance with 37 CFR 401.7, the Federal agency or the Contractor may request that the Secretary review the Contractor's licensing program and decisions regarding small business applicants.
Appears in 4 contracts
Samples: Supplies and Non Professional Services Agreement, Professional Services Agreement, Professional Services Agreement
Special Provisions for Contracts with Nonprofit Organizations. If the Contractor is a nonprofit organization, it agrees that:
i. (1) Rights to a subject invention in the United States may not be assigned without the approval of the Federal Agencyagency, except where such assignment is made to an organization which has as one of its primary functions the management of inventions, provided that such assignee will be subject to the same provisions as the Contractor;
ii. (2) The Contractor will share royalties collected on a subject invention with the inventor, including Federal employee co-inventors (when the Federal Agency agency deems it appropriate) when the subject invention is assigned in accordance with 35 U.S.C. § 202(e) and 37 37 CFR § 401.10;
iii. (3) The balance of any royalties or income earned by the Contractor with respect to subject inventions, after payment of expenses (including payments to inventors) incidental to the administration of subject inventions, will be utilized for the support of scientific research or education; and
iv. (4) It will make efforts that are reasonable under the circumstances to attract licensees of subject invention that are Small Business Firms small business firms and that it will give a preference to a Small Business Firm small business firm when licensing a subject invention if the Contractor determines that the Small Business Firm small business firm has a plan or proposal for marketing the invention which, if executed, is equally as likely to bring the invention to practical application as any plans or proposals from applicants that are not Small Business Firmssmall business firms; provided, that the Contractor is also satisfied that the Small Business Firm small business firm has the capability and resources to carry out its plan or proposal. The decision whether to give a preference in any specific case will be at the discretion of the Contractor. However, the Contractor agrees that the Secretary may review the Contractor’s 's licensing program and decisions regarding Small Business Firm small business applicants, and the Contractor will negotiate changes to its licensing policies, procedures, or practices with the Secretary when the Secretary’s 's review discloses that the Contractor could take reasonable steps to implement more effectively the requirements of this paragraph (k)(ivk)(4).
Appears in 2 contracts
Samples: Professional Services Agreement, Professional Services
Special Provisions for Contracts with Nonprofit Organizations. If the Contractor contractor is a nonprofit organization, it agrees that:
i. (1) Rights to a subject invention in the United States may not be assigned without the approval of the Federal Agencyagency, except where such assignment is made to an organization which has as one of its primary functions the management of inventions, provided that such assignee will be subject to the same provisions as the Contractorcontractor;
ii. (2) The Contractor contractor will share royalties collected on a subject invention with the inventor, including Federal employee co-inventors (when the Federal Agency agency deems it appropriate) when the subject invention is assigned in accordance with 35 U.S.C. § 202(e) and 37 CFR § 401.10;
iii. (3) The balance of any royalties or income earned by the Contractor contractor with respect to subject inventions, after payment of expenses (including payments to inventors) incidental to the administration of subject inventions, will be utilized for the support of scientific research or education; and
iv. (4) It will make efforts that are reasonable under the circumstances to attract licensees of subject invention inventions that are Small Business Firms small business firms and that it will give a preference to a Small Business Firm small business firm when licensing a subject invention if the Contractor contractor determines that the Small Business Firm small business firm has a plan or proposal for marketing the invention which, if executed, is equally as likely to bring the invention to practical application as any plans or proposals from applicants that are not Small Business Firmssmall business firms; provided, that the Contractor contractor is also satisfied that the Small Business Firm small business firm has the capability and resources to carry out its plan or proposal. The decision whether to give a preference in any specific case will be at the discretion of the Contractorcontractor. However, the Contractor contractor agrees that the Secretary Federal agency may review the Contractorcontractor’s licensing program and decisions regarding Small Business Firm small business applicants, and the Contractor contractor will negotiate changes to its licensing policies, procedures, or practices with the Secretary Federal agency when the SecretaryFederal agency’s review discloses that the Contractor contractor could take reasonable steps to implement more effectively the requirements of this paragraph (k)(ivk)(4). In accordance with 37 CFR 401.7, the Federal agency or the contractor may request that the Secretary review the contractor’s licensing program and decisions regarding small business applicants.
Appears in 1 contract
Samples: Consulting Services Agreement
Special Provisions for Contracts with Nonprofit Organizations. If the Contractor is a nonprofit organization, it agrees that:
i. : Rights to a subject invention in the United States may not be assigned without the approval of the Federal Agency, except where such assignment is made to an organization which has as one of its primary functions the management of inventions, provided that such assignee will be subject to the same provisions as the Contractor;
ii. ; The Contractor will share royalties collected on a subject invention with the inventor, including Federal employee co-inventors (when the Federal Agency deems it appropriate) when the subject invention is assigned in accordance with 35 U.S.C. § 202(e) and 37 CFR § 401.10;
iii. ; The balance of any royalties or income earned by the Contractor with respect to subject inventions, after payment of expenses (including payments to inventors) incidental to the administration of subject inventions, will be utilized for the support of scientific research or education; and
iv. and It will make efforts that are reasonable under the circumstances to attract licensees of subject invention that are Small Business Firms and that it will give a preference to a Small Business Firm when licensing a subject invention if the Contractor determines that the Small Business Firm has a plan or proposal for marketing the invention which, if executed, is equally as likely to bring the invention to practical application as any plans or proposals from applicants that are not Small Business Firms; provided, that the Contractor is also satisfied that the Small Business Firm has the capability and resources to carry out its plan or proposal. The decision whether to give a preference in any specific case will be at the discretion of the Contractor. However, the Contractor agrees that the Secretary may review the Contractor’s licensing program and decisions regarding Small Business Firm applicants, and the Contractor will negotiate changes to its licensing policies, procedures, or practices with the Secretary when the Secretary’s review discloses that the Contractor could take reasonable steps to implement more effectively the requirements of this paragraph (k)(iv).
Appears in 1 contract
Special Provisions for Contracts with Nonprofit Organizations. If the Contractor contractor is a nonprofit organization, it agrees that:
i. (1) Rights to a subject invention in the United States may not be assigned without the approval of the Federal Agencyagency, except where such assignment is made to an organization which has as one of its primary functions the management of inventions, provided that such assignee will be subject to the same provisions as the Contractorcontractor;
ii. (2) The Contractor contractor will share royalties collected on a subject invention with the inventor, including Federal employee co-inventors (when the Federal Agency agency deems it appropriate) when the subject invention is assigned in accordance with 35 U.S.C. § 202(e) and 37 CFR § 401.10;
iii. (3) The balance of any royalties or income earned by the Contractor contractor with respect to subject inventions, after payment of expenses (including payments to inventors) incidental to the administration of subject inventions, will be utilized for the support of scientific research or education; and
iv. (4) It will make efforts that are reasonable under the circumstances to attract licensees of subject invention inventions that are Small Business Firms small business firms and that it will give a preference to a Small Business Firm small business firm when licensing a subject invention if the Contractor contractor determines that the Small Business Firm small business firm has a plan or proposal for marketing the invention which, if executed, is equally as likely to bring the invention to practical application as any plans or proposals from applicants that are not Small Business Firmssmall business firms; provided, that the Contractor contractor is also satisfied that the Small Business Firm small business firm has the capability and resources to carry out its plan or proposal. The decision whether to give a preference in any specific case will be at the discretion of the Contractorcontractor. However, the Contractor contractor agrees that the Secretary Federal agency may review the Contractor’s contractor's licensing program and decisions regarding Small Business Firm small business applicants, and the Contractor contractor will negotiate changes to its licensing policies, procedures, or practices with the Secretary Federal agency when the Secretary’s Federal agency's review discloses that the Contractor contractor could take reasonable steps to implement more effectively the requirements of this paragraph (k)(ivk)(4). In accordance with 37 CFR 401.7, the Federal agency or the contractor may request that the Secretary review the contractor's licensing program and decisions regarding small business applicants.
Appears in 1 contract
Samples: Consulting Services Agreement
Special Provisions for Contracts with Nonprofit Organizations. If the Contractor contractor is a nonprofit organization, it agrees that:
i. 1. Rights to a subject invention in the United States may not be assigned without the approval of the Federal Agencyagency, except where such assignment is made to an organization which has as one of its primary functions the management of inventions, provided that such assignee will be subject to the same provisions as the Contractorcontractor;
ii2. The Contractor contractor will share royalties collected on a subject invention with the inventor, including Federal employee co-co- inventors (when the Federal Agency agency deems it appropriate) when the subject invention is assigned in accordance with 35 U.S.C. § 202(e) and and37 37 CFR § 401.10;
iii3. The balance of any royalties or income earned by the Contractor contractor with respect to subject inventions, after payment of expenses (including payments to inventors) incidental to the administration of subject inventions, will be utilized for the support of scientific research or education; and
iv0. It Xx will make efforts that are reasonable under the circumstances to attract licensees of subject invention inventions that are Small Business Firms small business firms and that it will give a preference to a Small Business Firm small business firm when licensing a subject invention if the Contractor contractor determines that the Small Business Firm small business firm has a plan or proposal for marketing the invention which, if executed, is equally as likely to bring the invention to practical application as any plans or proposals from applicants that are not Small Business Firmssmall business firms; provided, that the Contractor contractor is also satisfied that the Small Business Firm small business firm has the capability and resources to carry out its plan or proposal. The decision whether to give a preference in any specific case will be at the discretion of the Contractorcontractor. However, the Contractor contractor agrees that the Secretary Federal agency may review the Contractor’s contractor's licensing program and decisions regarding Small Business Firm small business applicants, and the Contractor contractor will negotiate changes to its licensing policies, procedures, or practices with the Secretary Federal agency when the Secretary’s Federal agency's review discloses that the Contractor contractor could take reasonable steps to implement more effectively the requirements of this paragraph (k)(ivk)(4). In accordance with 37 CFR 401.7, the Federal agency or the contractor may request that the Secretary review the contractor's licensing program and decisions regarding small business applicants.
Appears in 1 contract
Samples: Intellectual Property Provisions