Master Alliance Provisions Guide (MAPGuide)

Natick Contracting Division – Ology Bioservices, COVID-19 Procurement Agreement

  • Intellectual Property | Ownership of results

9. Intellectual Property Rights

G. Ownership. Ownership of any invention, regardless of whether it is not patentable, or is patentable under U.S. patent law that is conceived or first reduced to practice under this Agreement (Agreement Invention) will follow inventorship in accordance with U.S. patent law. The Bayh-Dole Act, 35 U.S.C. §§ 200-212 does not apply to this Agreement and, as such, title to Agreement Inventions will accrue to the inventor or inventor-organization. The Parties represent and warrant that each inventor will assign his or her rights in any such inventions to his or her employing organization. If either an Awardee employee or a Government employee makes a sole Agreement Invention, the entire rights to that Agreement Invention will be respectively assigned to the Awardee or the Government. If an Awardee employee and a Government employee jointly make an Agreement Invention, it will be owned jointly by the Awardee and the Government. Ownership of Agreement Inventions made in whole or in part with subawardee employees, including employees of other components of the Government, will be determined solely pursuant to an agreement between the Awardee and the applicable subawardee.

J. Awardee shall report any Agreement Inventions to the Government within 60 days of the time it was conceived or first reduced to practice under this Agreement. Executive Order No. 9424 of 18 February 1944 requires all executive Departments and agencies of the Government to forward through appropriate channels to the Commissioner of Patents and Trademarks, for recording, all Government interests in patents or applications for patents.