Provision Language
DEGREE OF EXCLUSIVITY: By law and policy, NIH favors non–exclusive licenses. Licenses to platform technologies, including in the field of diagnostics, will be available on a nonexclusive basis or in some cases under an exclusive license with very narrow product specific limitations. Consistent with applicable laws, regulations and policies, exclusive licenses will be considered for potential drug (small molecular entities and biologics) and vaccine components and will be limited to defined indications and territories. Nonexclusive licenses will be available for technologies to the extent defined indications and territories are not already licensed exclusively or subject to an exclusive license option under a CRADA.
SCOPE: (1) Licenses to pending or issued US and/or foreign equivalent patents, all divisions and continuations of these applications, all patents issuing from these applications, divisions, and continuations, and any reissues, reexaminations, and extensions of these patents, owned by the US Government and managed by the National Institutes of Health (NIH) Office of Technology Transfer, i.e. inventions made by NIH and FDA intramural scientists or co-invented with other institutions when OTT has the licensing lead; (2) licenses to unpatented biological materials developed by NIH or FDA intramural scientists and used in the production or sale of a product or service. Licenses are subject to statutory rights reserved by the U.S. Government.