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normally subject to a limited royalty free non - exclusive license for the <br />Recipient. The Department owns any invention made solely by its employees, <br />but may license the Recipient in accordance with the procedures in 37 C.F.R. <br />part 404. <br />(c) Inventor /Employee. If neither the Recipient nor the Department is interested in <br />owning an invention by a Recipient employee, the Recipient, with the written <br />concurrence of the Department's Patent Counsel, may allow the <br />inventor /employee to own the invention subject to certain restrictions as <br />described in 37 C.F.R. § 401.9. <br />(d) Joint Inventions. Inventions made jointly by a Recipient and a Department <br />employee will be owned jointly by the Recipient and DOC. However, the <br />Department may transfer its rights to the Recipient as authorized by 35 U.S.C. <br />§ 202(e) and 37 C.F.R. § 40 1. 10 if the Recipient is willing to patent and license <br />the invention in exchange for a share of "net" royalties based on the number of <br />inventors (e.g., 50 -50 if there is one Recipient and Department employee). The <br />agreement will be prepared by the Department's Patent Counsel and may <br />include other provisions, such as a royalty free license to the Federal <br />Government and certain other entities. The Recipient also is authorized to <br />transfer its rights to the Federal Government, which can agree to share royalties <br />similarly as described above (35 U.S.C. § 202(e)). <br />(ii) Responsibilities — iEdison. The Recipient has responsibilities and duties set forth in <br />the standard patent rights clause, which are not described below. The Recipient is <br />expected to comply with all the requirements of the standard patent rights clause and <br />37 C.F.R. part 401. Recipients of DOC Awards are required to submit their <br />disclosures and elections electronically using the Interagency Edison extramural <br />invention reporting system (iEdison) at www.iedison.pov. The Recipient may obtain <br />a waiver of this electronic submission requirement by providing DOC compelling <br />reasons for allowing the submission of paper copies of reports related to inventions. <br />b. Patent Notification Procedures. Pursuant to Executive Order 12889, the Department is <br />required to notify the owner of any valid patent covering technology whenever the <br />Department or its Recipients, without making a patent search, knows (or has demonstrable <br />reasonable grounds to know) that technology covered by a valid United States patent has <br />been or will be used without a license from the owner. To ensure proper notification, if <br />the Recipient uses or has used patented technology under this Award without a license or <br />permission from the owner, the Recipient must notify the Grants Officer: <br />However, this notice does not necessarily mean that the Government authorizes and <br />consents to any copyright or patent infringement occurring under the financial assistance. <br />Data, Databases, and Software. The rights to any work produced or purchased under a <br />DOC Award are determined by 15 C.F.R. §§ 14.36 or 24.34, as applicable. Such works <br />may include data, databases, or software. The Recipient owns any work produced or <br />purchased under a DOC Award subject to the Department's right to obtain, reproduce, <br />publish, or otherwise use the work or authorize others to receive, reproduce, publish, or <br />otherwise use the data for Federal Government purposes. <br />33 <br />