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Patent License at

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Authority

  • 1980 Amendments to the Patent and Trademark Laws (Bayh-Dole) Act and the Federal Technology Transfer Act of 1986, as amended.

Description

  • The Office of Technology Partnerships (OTP) negotiates the licensing of NIST patented inventions.

    Standard Licenses include:

    • Exclusive
    • Non-Exclusive
    • Research License
    • Confirmatory License

    Commercial licenses can be granted both exclusively and non-exclusively or by specific field of use.

    <Research licenses are only granted on a non-exclusive basis and used to determine the commercial feasibility of a licensed product or process.Research Licenses are royalty free and are strictly used to determine the commercial feasibility of a patented product or process. The majority of work is required to be conducted in the U.S.

    Confirmatory Licenses confirm the rights of NIST and the U.S. government to a non- exclusive, nontransferable, irrevocable, paid-up license to the patent.

Features/Characteristics

  • Parties interested in licensing an issued patent or patent application of a NIST technology can obtain a license application online. License applicants must submit the product concept, market size, profitability, and additional research and development required to determine fair fees and royalties for each invention.

I.P. and Resource Commitment

  • License fees and royalties for commercialization licenses are negotiated on a case-by-case basis and depend upon several factors including the scope of the rights granted, the size of the potential market, etc.

Other Agencies/Laboratories That Use This Mechanism