part ii - contract clauses

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DE-AC05-00OR22725 Modification No. 341 Section I (9) Subject Invention means any invention of the contractor conceived or first actually reduced to practice in the performance of work under this contract, provided that in the case of a variety of plant, the date of determination (as defined in section 41(d) of the Plant Variety Protection Act, 7 U.S.C. 2401(d)) shall also occur during the period of contract performance. (b) Allocation of Principal Rights. (1) (Deviation) Retention of title by the Contractor. Except for exceptional circumstance subject inventions, the contractor may retain the entire right, title, and interest throughout the world to each subject invention subject to the provisions of this clause and 35 U.S.C. 203. With respect to any subject invention in which the Contractor retains title, the Federal government shall have a nonexclusive, nontransferable, irrevocable, paid-up license to practice or have practiced for or on behalf of the United States the subject invention throughout the world. Additionally, with respect to Inorganic Membrane Subject Inventions, the Federal Government shall have an irrevocable, paidup exclusive license in the field of use of uranium enrichment with the exclusive right to grant sublicenses in that field of use. (2) Exceptional circumstance subject inventions. Except to the extent that rights are retained by the Contractor in a determination of exceptional circumstances or granted to a contractor through a determination of greater rights in accordance with subparagraph (b)(4) of this clause, the Contractor does not have a right to retain title to any exceptional circumstance subject inventions and agrees to assign to the Government the entire right, title, and interest, throughout the world, in and to any exceptional circumstance subject inventions. (i) Inventions within or relating to the following fields of technology are exceptional circumstance subject inventions: (A) uranium enrichment technology; (B) storage and disposal of civilian high-level nuclear waste and spent fuel technology; and (C) national security technologies classified or sensitive under Section 148 of the Atomic Energy Act (42 U.S.C. 2168). (ii) Inventions made under any agreement, contract or subcontract related to the following are exceptional circumstance subject inventions: (A) DOE Steel Initiative and Metals Initiative; DE-AC05-00OR22725 Section I—Page 236 of 276
DE-AC05-00OR22725 Modification No. 341 Section I (B) U.S. Advanced Battery Consortium; and (C) any funding agreement which is funded in part by the Electric Power Research Institute (EPRI) or the Gas Research Institute (GRI); and (D) (Deviation) Solid State Energy Conversion Alliance (SECA) if the Contractor is a participant in the “Core Technology Program.” (E) (Deviation) Solid State Lighting (SSL) Program if the Contractor is a participant in the “Core Technology Program.” (iii) DOE reserves the right to unilaterally amend this contract to modify, by deletion or insertion, technical fields, tasks, or other classifications for the purpose of determining DOE exceptional circumstance subject inventions. (3) Treaties and international agreements. Any rights acquired by the Contractor in subject inventions are subject to any disposition of right, title, or interest in or to subject inventions provided for in treaties or international agreements identified at Appendix [insert reference] to this contract. DOE reserves the right to unilaterally amend this contract to identify specific treaties or international agreements entered into or to be entered into by the Government after the effective date of this contract and to effectuate those license or other rights which are necessary for the Government to meet its obligations to foreign governments, their nationals and international organizations [*81060] under such treaties or international agreements with respect to subject inventions made after the date of the amendment. (4) Contractor request for greater rights in exceptional circumstance subject inventions. The Contractor may request rights greater than allowed by the exceptional circumstance determination in an exceptional circumstance subject invention by submitting such a request in writing to Patent Counsel at the time the exceptional circumstance subject invention is disclosed to DOE or within eight (8) months after conception or first actual reduction to practice of the exceptional circumstance subject invention, whichever occurs first, unless a longer period is authorized in writing by the Patent Counsel for good cause shown in writing by the Contractor. DOE may, in its discretion, grant or refuse to grant such a request by the Contractor. (5) Contractor employee-inventor rights. If the Contractor does not elect to retain title to a subject invention or does not request greater rights in an exceptional circumstance subject invention, a Contractor employee-inventor, after consultation with the Contractor and with written authorization from the Contractor in accordance with 10 CFR 784.9(b)(4), may request greater rights, DE-AC05-00OR22725 Section I—Page 237 of 276
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I.4 52.203-6 RESTRICTIONS ON SUBCON
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