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BRIEF

Policy Summary

Berkeley Lab's Technology Transfer and Intellectual Property Management (TTIPM) department must make intellectual-property licensing and assignment decisions that give preference to third parties providing economic and technological benefits to the U.S. domestic economy.

Who Should Read This Policy

Berkeley Lab researchers and TTIPM staff

To Read the Full Policy, Go To:

The POLICY tab on this wiki page

Contact Information

Licensing Manager
Technology Transfer and Intellectual Property Management
[email protected]
End Brief

POLICY

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A. Purpose

This policy describes intellectual property licensing requirements at Lawrence Berkeley National Laboratory (Berkeley Lab)

B. Persons Affected

Berkeley Lab researchers and Technology Transfer and Intellectual Property Management (TTIPM) staff

C. Exceptions

Berkeley Lab can request approval from the Department of Energy (DOE) Contracting Officer if the U.S. competitive requirement is not met.

D. Policy Statement

Berkeley Lab supports the U.S. domestic economy through its intellectual property licensing program.

1. Some of the factors TTIPM considers in its licensing program include:
   1. Whether related research & development will be performed in the U.S., and whether licensed products or components of licensed products will be substantially manufactured in the U.S.
   2. Whether a proposed licensee has a business located in the U.S.
   3. If the licensee is controlled by a foreign company or government, whether that foreign country's government allows U.S. entities to enter into cooperative research agreements and whether it protects U.S. intellectual property rights
2. When a foreign company or government controls a potential licensee, TTIPM will research specified U.S. Trade Representative reports and other relevant information to reach conclusions regarding the foreign country's intellectual property stance.
3. In the case of exclusive licenses, TTIPM will require that the licensees substantially manufacture in the U.S. licensed products for the U.S. market.

E. Roles and Responsibilities

F. Definitions/Acronyms

G. Recordkeeping Requirements

TTIPM Licensing keeps records of its consideration of U.S. industrial competitiveness factors as well as copies of any required DOE approvals.

H. Implementing Documents

None

I. Contact Information

Licensing Manager
Technology Transfer and Intellectual Property Management
[email protected]

J. Revision History

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DOCUMENT INFORMATION

Source Requirements Documents

U.S. Department of Energy Contract No. DE-AC02-05CH11231, Clause I.92(f) – DEAR 970.5227-3, Technology Transfer Mission (Deviation July 2006), U.S. Industrial Competitiveness for Licensing and Assignments of Intellectual Property

Implementing Documents

None
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ADDITIONAL INFORMATION

Key labels/tags:

• Licensing, U.S. Industrial Competitiveness, substantial U.S. manufacture requirement, economic benefit

New terms that need to be added to Glossary/Acronym list:

• (list items not found and context (Policy Area name) – full definition would be included in Policy)

Implementing Documents restricted to department/functional use

(optional – these will be used for tracing between requirements and associated documents)

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