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    Fairness of Opportunity

    Publication date:


    Effective date:



    Policy Summary

    Berkeley Lab will take reasonable measures to broadly notify interested parties of technologies available for joint research and license.

    Who Should Read This Policy

    This policy applies to:

    • Berkeley Lab researchers
    • Intellectual Property Office (IPO) staff
    • Strategic Partnerships Office (SPO) staff

    To Read the Full Policy, Go To:

    The POLICY tab on this wiki page

    Contact Information

    Licensing Manager
    Intellectual Property Office
    [email protected]


    Fairness of Opportunity

    Publication date:


    Effective date:



    A. Purpose

    Lawrence Berkeley National Laboratory (Berkeley Lab) will take reasonable measures to ensure widespread notice of availability of technologies suitable for transfer, in particular notice of opportunities for exclusive licensing and joint research arrangements.

    B. Persons Affected

    • Berkeley Lab researchers
    • Intellectual Property Office (IPO) staff
    • Strategic Partnerships Office (SPO) staff

    C. Exceptions

    This policy does not apply to technologies created by, nor to specific applications developed by, entities other than Berkeley Lab. This policy likewise does not apply to technologies developed under Cooperative Research and Development Agreements (CRADAs) or other technology-transfer agreements with predetermined intellectual property dispositions. (Fairness-of-opportunity requirements may apply to the selection of the CRADA participant itself.)

    D. Policy Statement

    1. In conducting its technology-transfer activities, Berkeley Lab will ensure the widespread notice of opportunities for exclusive licensing or joint research arrangements.
    2. The Intellectual Property Office (IPO) department is responsible for ensuring the widespread notice of licensing opportunities. This helps IPO meet DOE's Fairness of Opportunity requirements by increasing the pool of potential licensees and thereby maximizing potential utilization of Berkeley Lab technology by public and private entities. IPO may use a variety of different avenues for broadly providing notice of available technologies. These avenues include postings on the IPO or third-party Web sites; e-mails to recipients in particular industrial sectors; Berkeley Lab press releases; social media postings; or participation in trade shows. Berkeley Lab researchers may also contribute to this effort, including through their publications or participation in conferences.
    3. Before exclusive licensing, a technology is typically posted or the opportunity is otherwise disseminated for a month or longer. There is no mandated amount of time, however, for the technology outreach effort.
    4. SPO is responsible for informing DOE that Berkeley Lab has met the fairness-of-opportunity obligations for CRADAs. The availability of the joint research opportunity may be publicized by the research division, or IPO may assist in publicizing the opportunity. Per Section C, Exceptions, Berkeley Lab does not need to widely disseminate collaborations proposed by the Laboratory's research partner. In general, however, fairness-of-opportunity efforts encourage collaboration with Berkeley Lab by ensuring the best minds from industry and academia are aware of the Laboratory's joint research opportunities.

    E. Roles and Responsibilities



    IPO Marketing Staff

    • Posts all Berkeley Lab technologies exclusively licensed to: the Berkeley Lab Web site, the Federal Business Opportunities Web site, and/or third-party Web sites
    • Tracks all technology inquiries in the IPO database

    IPO Licensing Staff

    Documents the Laboratory's efforts to ensure fairness of opportunity in selecting an exclusive licensee


    Cooperates with IPO in promoting licensing or joint research opportunities

    SPO Staff

    Documents the Laboratory's efforts to ensure fairness of opportunity in selecting a CRADA participant

    F. Definitions/Acronyms



    Cooperative Research and Development Agreement (CRADA)

    A contract that governs a joint research project in which the CRADA participant (usually a company) may provide some or all of the funding for the Berkeley Lab research effort, and funds all of its own research effort

    Exclusive License

    An agreement between an owner and another party that permits the other party to make certain use of the property, with the understanding that the owner may not concurrently grant any other licenses that have the same rights within the scope or field covered by the exclusive license

    Joint Research

    Research conducted by Berkeley Lab researchers and an outside entity


    Granting a license under intellectual property rights to authorize a use (such as copying software or using a patented invention) to a licensee, sparing the licensee from a claim of infringement brought by the licensor


    Strategic Partnerships Office


    Intellectual Property Office


    Statements or directives from the federal, state, or local government; the University of California; or Berkeley Lab senior management that set a course of action, define acceptable conduct, or implement governing principles. Example: Berkeley Lab Site Access

    G. Recordkeeping Requirements

    • IPO keeps records of technology inquiries and fairness of opportunity efforts for licensing.
    • SPO keeps records of CRADA documents it submits to DOE.

    H. Implementing Documents


    I. Contact Information

    Licensing Manager
    Intellectual Property Office
    [email protected]

    J. Revision History



    By whom

    Revision Description

    Section(s) affected

    Change Type



    H. Clark






    V. Wolinsky

    Rewrite for wiki (policy)



    D. Soustin Updated Contract 31 I clause numbers as per mod 1105 Source Requirement Documents Editorial
    3/31/2021 1.1 R. Carrington Periodic review. Updated office names and contact info. All Editorial



    Fairness of Opportunity

    Document number

    Revision number


    Publication date:


    Effective date:


    Next review date:


    Policy area:


    RPM Section (home)

    Information Management

    RPM Section (Cross reference)

    Asset Management, Non-DOE Funded Research

    Functional area

    Technology Transfer and Intellectual Property Management

    Prior reference information (optional)

    Source Requirements Documents

    • Contract 31, Clause I.138(p), DEAR 970.5227-3, Technology Transfer Mission (AUG 2019) [SC alternate APR 2018] (prev. I.092)

    Implementing Documents


    Other References

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