- Head of Licensing
- Marcus Lucero
- Richard P. Feynman Center for Innovation
- (505) 665-6569
Although Los Alamos’s primary mission is national security, our technologies often have a dual application in industrial and consumer markets.
Los Alamos issues licenses for commercial use, research applications, and U.S government use to various entities ranging from start-ups to multinational organizations.
- A license is a grant of permission or rights from the owner of a proprietary right (Licensor) to another party (Licensee).
- A License Agreement is the formal embodiment of this arrangement, which specifies the parameters of the permission granted.
- Intellectual Property (IP) rights are transferred via a License Agreement.
- The License Agreement term usually runs the length of the IP. The terms for Test & Evaluation Licenses and License Options are typically limited to six months or less.
- Financial consideration may include, but is not limited to, an issue fee, annual license fee, and royalties. Los Alamos seeks an equitable return to the Laboratory without impeding the Licensee's ability to successfully commercialize the technology.
- Nonexclusive Licenses are more common than Exclusive Licenses and allow the Laboratory to license the IP to multiple Licensees. Exclusive Licenses give the Licensee the sole right to the IP but are considered only when the business case is justified. Exclusive licensing requires a competitive assessment of potential Licensees and performance requirements are more stringent than Nonexclusive Licenses.
- Exclusive Commercial Licensees must substantially manufacture their product in the U.S., given the Department of Energy's intent to provide benefit to the U.S. economy (35 U.S.C. 204).
- U.S. Government retains a nonexclusive, nontransferable, paid-up, irrevocable right to use or have used and manufacture or have manufactured the technology for U.S. Government purposes.
End User License Agreements (EULA)
A EULA is a nonexclusive and nontransferable end user license to copyrights/software for Licensee’s own research purposes. The EULA rights to the copyrights/software may also the rights to include use, develop, and demonstrate.