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Licensing Agreement at

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Authority

  • 35 U.S.C. 200-209, Bayh-Dole Act, and 37 CFR 404

Description

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    The USDA, ARS, Office of Technology Transfer (OTT) grants licenses to qualified businesses and individuals who wish to commercialize federally funded USDA inventions.

    Licenses are royalty bearing and include provision for license execution fees, annual license maintenance fees, and patent cost reimbursements. License fees and royalties are negotiated on a case-by-case basis.>

    Licenses can be obtained for patents, plant varieties, and biological materials.

Features/Characteristics

  • A patent license application, which includes a confidential business and market plan, is required.

    Licenses may be exclusive, nonexclusive, or partially exclusive. Foreign patent rights are also available in some cases.

    Licensees must submit periodic progress reports as well as royalty reports after the first sale of product.

I.P. and Resource Commitment

  • Licenses are royalty-bearing and include provision for license execution fees, annual license maintenance fees, and patent cost reimbursements.

    License fees and royalties are negotiated on a case-by-case basis.

Other Agencies/Laboratories That Use This Mechanism