Page History

BRIEF

Policy Summary

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

Who Should Read This Policy

Berkeley Lab researchers and TTIPM IPO 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 Office
ttd@lblipo@lbl.gov

POLICY

Anchor
_GoBack _GoBack

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 Office (TTIPMIPO) staff.

C. Exceptions

Berkeley Lab can request approval from the Department of Energy (DOE) Contracting Officer if to waive the U.S. competitive requirement if such requirement is deemed to be not metcommercially feasible.

D. Policy Statement

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

1. Some of the factors TTIPM 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, TTIPM IPO 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 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

TTIPM 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
Technology Transfer and Intellectual Property Management Office
ttd@lblipo@lbl.gov

J. Revision History

DOCUMENT INFORMATION

Source Requirements Documents

U.S. Department of Energy Contract No. DE-AC02-05CH11231Contract 31, Clause I.92(f) – 138, DEAR 970.5227-3, Technology Transfer Mission (Deviation July 2006), U.S. Industrial Competitiveness for Licensing and Assignments of Intellectual PropertyAUG 2019) [SC alternate APR 2018] (prev. I.092)

Implementing Documents

None