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Background Intellectual Property Reviews
Whenever TT negotiates an industrial partnership agreement on behalf
of Los Alamos National Security, LLC, an attempt is made to identify existing intellectual
property (i.e., patents issued, patents pending, copyrights, or disclosures)
that may be relevant to the agreement.
When an agreement is negotiated
with a partner, all LANL background intellectual property (BIP) is
listed in the agreement.
- If the BIP has been reduced to practice (proof-of-principle, working
prototype, etc.), the partner receives no grant of rights to the
BIP.
- If the partner needs rights to practice the BIP at the conclusion
of the agreement, a separate licensing agreement can be negotiated
to transfer rights to the partner.
- If relevant BIP has not been reduced to practice prior to the agreement,
the IP may become a subject invention of the agreement if reduced
to practice under the agreement. (The Laboratory's patent attorneys
can
help inventors determine when a technology has been reduced to practice.)
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