243 



ests of the United States and the general public, the 

 Administrator shall speclflcally Include as consider- 

 ations — 



(1) the extent to which the participation of the 

 contractor will exnedite the attainment of the pur- 

 poses of the program : 



(2) the extent to which a waiver of all or any 

 part of such rights in any or all fields of technol- 

 ogy Is needed to secure the participation of the 

 particular contractor; 



(3) the extent to which the contractor's com- 

 mercial position may expedite utilization of the 

 research, development, and demonstration pro- 

 gram results ; 



(4) the extent to which the Government has 

 contributed to the fleld of technology to be funded 

 under the contract; 



(5) the purpose and nature of the contract, 

 including the intended use of the result devel- 

 oped thereunder; 



(6) the extent to which the contractor has 

 made or will make substantial investment of fi- 

 nancial resources or technology developed at the 

 contractor's private expense which will directly 

 benefit the worlc to be performed under the con- 

 tract; 



(7) the extent to which the fleld of technology 

 to be funded under the contract has been devel- 

 oped at the contractor's private expense ; 



(8) the extent to which the Government in- 

 tends to further develop to the point of commer- 

 cial utilization the results of the contract effort; 



<9) the extent to which the contract objectives 

 are concerned with the public health, public safety, 

 or public -welfare; 



(10' the likely effect of the waiver on competi- 

 tion and market concentration ; and 



(11) in the case of a nonprofit educational in- 

 stitution, the extent to which such Institution has 

 a technoloery transfer canability and program, 

 approved by the Administrator as being consistent 

 with the applicable policies of this section. 



(e) Conside-ations applicable to identified invention 



for waiver determination hy Administrator. 



In determining whether a waiver to the contractor 



or Inventor or rights to an identified invention will 



best serve the Interests of the United States and the 



gcn-ra' :ni^lic the Administrator shall sneclfically 



include as considerations paragraphs (4) through 



(11) of subsection (d) of this section as applied to 



the invention and — 



(1) the extent to which such waiver Is a rea- 

 sonaible and necessary incentive to call forth pri- 

 vate risk capital for the development and com- 

 mercialization of the invention; and 



(2) the extent to which the plans, intentions, 

 and ability of the contractor or inventor will ob- 

 tain expeditious commercialization of such in- 

 vention. 



(f) Rights subject to reservation where title to in- 



. vention vested in United States. 



Whenever title to an invention is vested in the 

 United States, there may be reserved to the contrac- 

 tor or inventor — 



(1) a revocable or irrevocable nonexclusive, 

 paid-up license for the practice of the invention 

 throughout the world ; and 



(2) the rights to such invention in any foreign 

 country where the United States has elected not 

 to secure patent rights and the contractor elects to 

 do so. subject to the rights set forth in pai-agi-aphs 

 (2), (31, (6). and (7) of subsection (h) of this 

 section: Provided, That when specifically requested 

 by the Administration and three years after issu- 

 ance of such a patent, the contractor shall submit 

 the report specified in subsection (h)(1) of this 

 section. 



(g) Licenses to inventions; promulgation of regula- 

 tions specifying terms and conditions; criteria 

 and procedures for grant of exclusive or partially 

 exclusive licenses; record of determinations. 



(1) Subject to paragraph (2) of this subsection, 

 the Administrator shall determine and promulgate 

 regulations specifying the terms and conditions upon 

 which licenses may be granted in any invention to 

 which title Is vested in the United. 



(2) Pursuant to paragraph (1) of this subsection, 

 the Administrator may grant exclusive or partially 

 exclusive licenses in any invention only if, after no- 

 tice and opportunity for hearing, it is determined 

 that— 



(A) the interests of the United States and the 

 general public will best be served by the proposed 

 license, in view of the applicant's intentions, plans, 

 and ability to bring the invention to the point of 

 practical or commercial applications; 



(B) the desired practical or commercial appli- 

 cations have not been achieved, or are not likely 

 expeditiously to be achieved, under any nonexclu- 

 sive license which has been granted, or which may 

 be granted, on the invention; 



(C) exclusive or partially exclusive licensing is 

 a reasonable and necessary incentive to call forth 

 risk capital and expenses to bring the invention 

 to the point of practical or commercial apphca- 

 tions; and 



(D) the proposed terms and scope of exclusivity 

 are not substantiallj- greater than necessary to 

 provide the incentive for bringing the invention to 

 the point of practical or commercial applications 

 and to permit the licensee to recoup its costs and 

 a reasonable profit thereon: 



Provided, That, the Administrator shall not grant 

 such exclusive or partially exclusive license if he de- 

 termines that the grant of such Ucense will tend sub- 

 stantially to lessen competition or result in undue 

 concentration in any section of the county in any 

 line of commerce to which the technology to be li- 

 censed relates. The Administration shall maintain 

 a publicly available, periodically updated record of 

 determinations to grant such licenses. 



(h) Required terms and conditions in waiver of rights 

 or grant of exclusive or partially exclusive li- 

 censes. 



Each waiver of rights or grant of an exclusive or 

 partially exclusive license shall contain such terms 

 and conditions as the Administrator may determine 

 to be appropriate for the protection of the interests 



