PATENT LICENSE AGREEMENT – NON-EXCLUSIVE.docVIP

DEPARTMENT OF VETERANS AFFAIRS PATENT LICENSE AGREEMENT – NON-EXCLUSIVE This Agreement is entered into between the Department of Veterans Affairs (“VA”), having offices at 810 Vermont Street NW, Washington, DC 20420 and (______________________) (LICENSEE), a corporation having a place of business at ____________________________. BACKGROUND 1.1. WHEREAS, by assignment of rights from VA employees and other inventors, on behalf of the U.S. Government, VA owned intellectual property rights claimed in any United States and/or foreign patent applications or patents corresponding to the assigned inventions. 1.2 WHEREAS, VA, pursuant to 15 United States Code (U.S.C.) §3701 et seq., 35 U.S.C Sections §200-210, and 37 Code of Federal Regulations (CFR), Chapter IV (together with any amendments and underlying rules and regulations, has custody of inventions described and claimed in, and the right to issue licenses under the “LICENSED PATENT RIGHTS.” 1.3 WHEREAS, VA desires, in the public interest, that the subject invention be perfected, marketed, and practiced so that the benefits are readily available for widest public utilization in the shortest time possible, and 1.4 WHEREAS, LICENSEE represents that it has the facilities, personnel, and expertise to bring and is willing to expend reasonable efforts to bring the LICENSED PATENT RIGHTS to the point of PRACTICAL APPLICATION as defined in 37 CFR 404.3(d) at an early date; NOW THEREFORE, in consideration of the premises above, including the above-cited authority, and the mutual promises and obligations hereinafter set forth, VA and LICENSEE, do hereby agree as set forth below: . DEFINITIONS “Affiliate” means: Any corporation, company, partnership, joint venture and/or firm which controls, is controlled by or is under common control with LICENSEE. As used in this Paragraph, “control” means (a) in the case of corporate entities, direct or indirect ownership of at least fifty percent (50%) of the stock or shares having