Page History

BRIEF

Policy Summary

Berkeley Lab's

Intellectual Property

Office (

IPO) department must make intellectual-property licensing and assignment decisions that give preference to

licensees who provide economic and technological benefits to the U.S. domestic economy.

Who Should Read This Policy

Berkeley Lab researchers and

IPO staff

To Read the Full Policy, Go To:

The POLICY tab on this wiki page

Contact Information

Licensing Manager

Intellectual Property

Office

ipo@lbl.gov

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 Intellectual Property

Office (

IPO) staff.

C. Exceptions

Berkeley Lab can request approval from the Department of Energy (DOE) Contracting Officer

to waive the U.S. competitive requirement if such requirement is deemed to be not

commercially feasible.

D. Policy Statement

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

1. Some of the factors

1. IPO 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. and whether any economic and technical benefits will flow to the US from the license or the assignment.
   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,

1. IPO will research specified U.S. Trade Representative reports and other relevant information to reach conclusions regarding the foreign country's intellectual property stance.
2. In the case of exclusive licenses,

1. IPO 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

IPO 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

Intellectual Property

Office

ipo@lbl.gov

J. Revision History

Source Requirements Documents

Contract 31, Clause I.

138, DEAR 970.5227-3, Technology Transfer Mission (

AUG 2019) [SC alternate APR 2018] (prev. I.092)

Implementing Documents

None