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(1) (i) is unreasonable in the circumstances, he may require the grantee to license such domestic Background Patent to a responsible applicant at reasonable terms, including a reasonable royalty, for use in the specific field of technology in which the purpose of this grant or the work called for thereunder falls, and for use in connection with (i) a Specified Work Object, or (ii) a Subject Invention.
(3) (i) When a license to practice a domestic Background Patent in conjunction with a Subject Invention or specified Work Object is requested, in writing by a responsible applicant, for use in the specific field of technology in which the purpose of this grant or the work called for thereunder falls, and such Background Patent is not available as set forth in D(1) (i) or (ii), the grantee shall have six (6) months from the date of his receipt of such request to decide whether to make such Background Patent so available. The grantee shall promptly notify the Grants Officer of any request in writing for a license to practice a Background Patent in conjunction with a Subject Invention or Specified Work Obiect, which the grantee or his exclusive licensee wish to attempt to make available as set forth in D(1) (i) or (ii).
(ii) If the grantee decides to make such domestic Background Patent so available either by himself or by an exclusive licensee, he shall so notify the Administrator within the said six (6) months, whereupon the Administrator shall then designate the reasonable time within which the grantee must make such Background Patent available in reasonable quantity and quality, and at a reasonable price. If the grantee or his exclusive licensee decides not to make such Background Patent so available, or fails to make it available within the time designated by the Administrator, the Background Patent shall be licensed to a responsible applicant at reasonable terms, including a reasonable royalty, in conjunction with (a) a Specified Work Object, or (b) a Subject Invention, and may be limited to the specific field of technology in which the purpose of this grant or the work called for thereunder falls.
(iii) The grantee agrees to grant or have granted to a designated applicant, upon the written request of the Government, a nonexclusive license at reasonable terms, including reasonable royalties, under any foreign Background Patent in furtherance of any treaty or agreement between the Government of the United States and a foreign government for practice by or on the behalf of such foreign government, if an embodiment of the Background Patent is not commercially available in that country: Provided, however, That no such license will be required unless the Administrator determines that issuance of such license is in the national interest. Such license may be limited by the licensor to the practice of such Background Patent in conjunction with a Subject
Invention or a Specified Work Object and for use in only the specific field of technology in which the purpose of this grant or the work called for thereunder falls.
(iv) The grantee agrees it will not seek injunctive relief or other prohibition of the use of the invention in enforcing its rights against any responsible applicant for such license and that it will not join with others in any such action. It is understood and agreed that the foregoing shall not affect the grantee's right to injunctive relief or other prohibition of the use of Background Patents in areas not connected with the practice of a Subject Invention or Specified Work Object in the specific field of technology in which the purpose of this grant or the work called for thereunder falls, or where the grantee has made available a Commercial Item as set out in paragraph D(1) (i) or (ii).
(4) For use in the specific field of technology in which the purpose of this grant or the work called for thereunder falls, and in conjunction with a subject Invention or a Specified Work Obiect, the grantee agrees to grant to the Government a license under any Background Patent. Such license shall be nonexclusive, nontransferable, royalty-free and worldwide to practice such patent which is not available as a Commercial Item as specified in paragraph D(1) (ii) for use of the Federal Government in connection with pilot plants, demonstration plants, test beds, and test modules. For ail other Government uses, any royalty charged the Government under such license shall be reasonable and shall give due credit and allowance for the Government's contribution, if any, toward the making, commercial development or enhancement of the invention(s) covered by the Background Patent.
(5) Any license granted under a process Background Patent for use with a specified Work Object shall be additionally limited to employment of the Background Patent under conditions and parameters reasonably equivalent to those called for or employed under this grant.
(6) It is understood and agreed that the grantee's obligation to grant licenses under Background Patents shall be limited to the extent of the grantee's right to grant the same without breaching any unexpired contract it had entered into prior to this grant or prior to the identification of a Background Patent, or without incurring any obligation to another solely on account of said grant. However, where such obligation is the payment of royalties or other compensation, the grantee's obligation to license his Background Patents shall continue and the rea. sonable license terms shall include such payments by the applicant as will at least fully compensate the grantee under said obligation to another.
(7) On the request of the Grants Officer the grantee shall identify and describe any license agreement which would limit his
right to grant licenses under any Background Patent.
(8) In the event the grantee has a parent or an affiliated company, which has the right to license a patent which would be a Background Patent if owned by the grantee, but which is not available as a Commercial Item as specified in paragraph D(1) (1) or (11), and a qualified applicant requests a license under such patent for use in the specific field of technology in which the purpose of this contract or the work called for thereunder falls, and in connection with the use of a Subject Invention or Specified Work Object, the grantee shall, at the written request of the Government, recommend to his parent company, or affiliated company, as the case may be, the granting of the requested license on reasonable terms, including reasonable royalties, and actively assist and participate with the Government and such applicant, as to technical matters and in liaison functions between the parties, as may reasonably be required in connection with any negotiations for issuance of such license. For the purpose of this subparagraph, (i) a parent company is one which owns or controls, through direct or indirect ownership of more than 50 percent of the outstanding stock entitled to vote for the election of directors, another company or other entity and, (ii) affiliated companies are companies or other entities owned or controlled by the same parent company.
E. Related inventions: The grantee shall submit to the Grants Officer within six (6) months after the submission of the final invention report submitted pursuant to paragraph F(6), written information concerning the conception or actual reduction to practice, or both, as may be applicable, of every invention made by the grantee pertaining to the work called for in this grant which was conceived or first actually reduced to practice within the period of three (3) months prior, during, or three (3) months subsequent to the term of this grant, which invention would be a Subject Invention if made under this grant, but which the grantee believes was made outside the performance of work required under this grant. The Grants Officer may require additional information to be furnished in confidence by the grantee. At the request of the Grants Officer made during or subsequent to the term of this grant including any extensions for additional research and development work, the grantee shall furnish information concerning any other invention which appears to the Grants Officer to reasonably have the possibility of being a Subject Invention.
All information supplied by the grantee hereunder shall be of such nature and character as to enable the Grants Officer reasonably to ascertain whether or not the invention concerned is a Subject Invention. Failure to furnish such information called for herein shall, in any subsequent proceeding, place on the grantee the burden of going forward with the evidence to establish that such in
vention is not a subject Invention. If such evidence is not then presented the invention shall be deemed to be a Subject Invention. After receipt of information furnished pursuant hereto, the Grants Officer shall not unduly delay rendering his opinion on the matter. The Grants Officer's decision shall be subject to the Disputes Clause of the grant. The grantee may furnish the information required under this section E as grantee confidential information, which shall be identified as such.
F. General provisions: (1) The grantee shall obtain the execution of and deliver to the Grants Officer any document relating to Subject Inventions as the Grants Officer may require under the terms hereof to enable the Government to file and prosecute patent applications therefor in any country and to evidence and preserve its rights. Each party hereto agrees to execute and deliver to the other party on its request suitable documents to evidence and preserve license rights derived from this appendix.
(2) The Government and the grantee shall promptly notify each other of the filing of a patent application on a Subject Invention in any country, identifying the country or countries in which such filing occurs and the date and serial number of the application, and on request shall furnish a copy of such application to the other party and a copy of any action on such patent application by any Patent Office and the responses thereto. Any applications or responses furnished shall be kept confidential.
(3) Any other provisions of this appendix notwithstanding, the Grants Officer, or his authorized representative shall, until the expiration of three (3) years after final payment under this grant, have the right to examine in confidence any books, records, documents, and other supporting data of the grantee which the Grants Officer or his authorized representative shall reasonably deem directly pertinent to the discovery or identifi. cation of Subject Inventions or to the compliance by the grantee with the requirements of this appendix.
(4) Notwithstanding the grant of a license under any patents to the Government pursuant to any provisions of this appendix, the Government shall not be prevented from contesting the validity, enforceability, scope, or title of such licensed patent.
(5) The grantee shall furnish to the Grants Officer every 12 months, or earlier as may be agreed in this grant (the initial period shall commence with the date of award of this grant) a interim report listing all Subject Inventions required to be disclosed which were made during the interim reporting period or certify that there are no such unre. ported inventions.
(6) The grantee shall submit a final report under this grant listing all Subject Inventions required to be disclosed, which were made in the course of the work performed under this grant, and all subagreements subject to this appendix. If to the best of the
grantee's knowledge and belief, no Subject Inventions have resulted from this grant, the grantee shall so certify to the Grants Officer. If there are no such subagreements, a negative report is required.
(7) The interim and final reports submitted under F (5) and (6) and Subject Invention disclosures required under B(1) shall be submitted on EPA forms which will be furnished by the Grants Officer on request. Any equivalent form approved by the Grants Officer may be used in lieu of EPA forms. Such reports and disclosures shall be submitted in triplicate.
(8) Any action required by or of the Goyernment under this patent provision shall be undertaken by the Grants Officer as its duly authorized representative unless otherwise stated.
(9) The Government may duplicate and disclose reports and disclosures of Subject Inventions required to be furnished by the grantee pursuant to this appendix without additional compensation.
(10) The grantee shall furnish to the Grants Officer, in writing, and as soon as practicable, information as to the date and identity of any first public use, sale or public cation of any Subject Invention made by or known to the grantee, or of any contemplated publication of the grantee.
(11) The Administrator shall determine the responsibility of an applicant for a license under any provision of this patent provision when this matter is in dispute and his detremination thereof shall be final and binding.
(12) The grantee shall furnish promptly to the Grants Officer on request an irrevocable power to inspect and make copies of each U.S. patent application filed by or on behalf of the grantee covering any Subject Invention.
(13) The grantee shall include in the first paragraph in any U.S. patent application which it may file on a Subject Invention the following statement:
This invention resulted from work done under Grant No. -vironmental Protection Agency and is subject to the terms and provisions of said Grant.
(14) All information furnished in confidence pursuant to this appendix shall be clearly identified by an apppropriate written legend. Such information shall be subject to the provisions of the Freedom of Information Act, 5 U.S.C. 552 and shall in any event cease to be confidential if it is or becomes
ential if it is or becomes generally available to the public, or has been made or becomes available to the Government (i) from other sources, or (ii) by the grantee without limitation as to use, or was already known to the Government when furnished to it.
(15) Any action by the Grants Officer affecting the disposition of rights to patents or inventions pursuant to this appendix shall be taken only after review by the Office of General Counsel.
G. Warranties: (1) The grantee warrants that whenever he has divested himself of the right to license any Background Patent (or any invention owned by the grantee which could become the subject of a Background Patent) prior to the date of this grant, such divestment was not done to avoid the licensing requirements set forth in section D of this appendix. After a Background Patent, or invention which could become the subject of a Background Patent, is identified, the grantee shall take no action which shall impair the performance of his obligation to issue Background Patent licenses pursuant to this grant.
(2) The grantee warrants that he will take no action which will impair his obligation to assign to the Government any invention first actually conceived or reduced to practice in the course of or under this grant.
(3) The grantee warrants that he has full authority to make obligations of this appendix effective, by reason of agreements with all of the personnel, including consultants who might reasonably be expected to make inventions, and who will be employed in work on the project for which the grant has been awarded, to assign to the grantee all discoveries and inventions made within the scope of their employment.
H. Subagreements: This appendix shall be included in any subagreement over $10,000 under this grant where a purpose of the subagreement is the conduct of experimental, developmental or research work, unless the Grants Officer authorizes the omission or modification of this appendix. The grantee shall not acquire any rights to Subject Inventions made under such subagreement for his own use (as distinguished from such rights as may be required solely to fulfill his grant obligations to the Government in performance of this grant). Upon completion of work under such a subagreement, the grantee shall promptly notify the Grants Officer in writing of such completion, and shall upon request furnish a copy of the subagreement to the Grants Officer. The grantee hereby assigns to the Government all rights of the grantee to enforce the obligations of the party to such subagreement with respect to Subject Inventions, Background Patents, and pursuant to section E of this appendix.
The grantee shall cooperate with the Government at the Government's request and expense in any legal action to secure the Government's rights. [36 F.R. 22725, Nov. 27, 1971]
RIGHTS IN DATA AND COPYRIGHTS 1. The term “Subject Data" as used herein includes writings, sound recordings, magnetic recordings, pictorial reproductions, drawings, or other graphical representations, and works of any similar nature (whether or not copyrighted) which are specified to be delivered under this grant. The term does not include financial reports, cost analyses, and other information incidental to grant administration.
2. Except as may otherwise be provided in the grant agreement, when publications, films, or similar materials are developed directly or indirectly from a project supported by the Environmental Protection Agency, the author is free to arrange for copyright without approval. However, such materials shall include acknowledgement of EPA grant assistance. The grantee agrees to and does hereby grant to the Government, and to its office rs, agents, and employees acting within the scope of their oficial duties, a royaltyfree, nonexclusive, and irrevocable license throughout the world for Government purposes to publish, translate, reproduce, deliver, perform, dispose of, and to authorize other so to do, all Subject Data, or copyrightable material based on such data, now or hereafter covered by copyright.
3. The grantee shall not include in the Subject Data any copyrighted matter, without the written approval of the Grants Officer, unless he provides the Government with the written permission of the copyright owner for the Government to use such copyrighted matter in the manner provided in article 2 above.
4. The grantee shall report to the Grants Officer, promptly and in reasonable written detail, each notice or claim of copyright infringement received by the grantee with respect to all Subject Data delivered under this grant.
5. Nothing contained in this appendix shall imply a license to the Government under any patent or be construed as affecting the scope of any license or other rights otherwise granted to the Government under any patent.
6. Unless otherwise limited below, the Government may, without additional compensation to the grantee, duplicate, use, and disclose in any manner and for any purpose whatsoever, and have others so do, all Subject Data delivered under this contract.
7. Notwithstanding any provisions of this grant concerning inspection and acceptance, the Government shall have the right at any time to modify, remove, obliterate, or ignore any marking not authorized by the terms of this grant on any piece of Subject Data furnished under this grant.
8. Data need not be furnished for standard commercial items or services which are normally or have been sold or offered to the public commercially by any supplier and which are incorporated as component parts in or to be used with the product or process being developed or investigated, if in lieu thereof identification of source and characteristics (including performance specifications, when necessary) sufficient to enable the Government to procure the part or an adequate substitute, are furnished; and further, proprietary data need not be furnished for other items or processes which were developed at private expense and previously sold or offered for sale or commercially practiced in the case of a process, including minor modifications thereof, which are incorporated as component parts in or to be used with the product or process being developed or investigated, if in lieu thereof the grantee shall identify such other items or processes and that "proprietary data" pertaining thereto which is necessary to enable reproduction or manufacture of the item or performance of the process. For the purpose of this clause, 'proprietary data” means data providing information concerning the details of a grantee's secrets of manufacture, such as may be contained in but not limited to his manufacturing methods or processes, treatment and chemical composition of materials, plant layout and tooling, to the extent that such information is not readily disclosed by inspection or analysis of the product itself and to the extent that the grantee has protected such information from unrestricted use by others. (36 F.R. 22728, Nov. 27, 1971]
SUBCHAPTER C-AIR PROGRAMS
PART 50-NATIONAL PRIMARY AND Sec.
ity standards for particulate ITY STANDARDS
50.8 National primary and secondary am50.1 Definitions.
bient air quality standards for 50.2 Scope.
carbon monoxide. 50.3 Reference conditions.
50.9 National primary and secondary am50.4 National primary ambient air quality
bient air quality standard for standards for sulfur oxides (sulfur
photochemical oxidants. dioxide).
50.10 National primary and secondary am50.5 National secondary ambient air qual
bient air quality standard for ity standards for sulfur oxides
hydrocarbons. (sulfur dioxide).
50.11 National primary and secondary am50.6 National primary ambient air quality
bient air quality standard for standards for particulate matter.
Appendix A-Reference Method for the De are necessary, with an adequate margin termination of Sulfur Dioxide in
of safety, to protect the public health. the Atmosphere (Pararosaniline
National secondary ambient air quality Method). Appendix B-Reference Method for the De
standards define levels of air quality termination of Suspended Particu
which the Administrator judges neceslates in the Atmosphere (High Vol sary to protect the public welfare from ume Method).
any known or anticipated adverse effects Appendix C— Reference Method for the Con of a pollutant. Such standards are subtinuous Measurement of Carbon
ject to revision, and additional primary Monoxide in the Atmosphere (Non
and secondary standards may be promuldispersive Infrared Spectrometry).
gated as the Administrator deems necesAppendix D-Reference Method for the Measurement of Photochemical
sary to protect the public health and Oxidants Corrected for Interfer
welfare. ences Due to Nitrogen Oxide and
(c) The promulgation of national Sulfur Dioxide.
primary and secondary ambient air qualAppendix E-Reference Method for the De ity standards shall not be considered in
termination of Hydrocarbons Cor any manner to allow significant deteriorected for Methane.
ration of existing air quality in any porAppendix F-Reference Method for the De
tion of any State.
(d) The proposal, promulgation, or
revision of national primary and secondAUTHORITY: The provisions of this part
ary ambient air quality standards shall 50 issued under sec. 4, Public Law 91-604, 84
not prohibit any State from establishing Stat. 1679.
ambient air quality standards for that SOURCE: The provisions of this part 50 ap
State or any portion thereof which are pear at 36 F.R. 22384, Nov. 25, 1971, unless
more stringent than the national otherwise noted.
standards. & 50.1 Definitions.
§ 50.3 Reference conditions. (a) As used in this part, all terms not
All measurements of air quality are defined herein shall have the meaning
corrected to a reference temperature of given them by the Act. (b) “Act” means the Clean Air Act, as
25° C. and to a reference pressure of 760 amended (42 U.S.C. 1857–18571, as
millimeters of mercury (1,013.2 milliamended by Pub. L. 91-604),
bars). (c) "Agency” means the Environ- $ 50.4 National primary ambient airmental Protection Agency.
quality standards for sulfur oxides (d) “Administrator” means the Ad
(sulfur dioxide). ministrator of the Environmental Pro
The national primary ambient air tection Agency.
quality standards for sulfur oxides, (e) “Ambient air” means that portion
measured as sulfur dioxide by the referof the atmosphere, external to buildings, ence method described in Appendix A to to which the general public has access.
this part, or by an equivalent method, (f) “Reference method” means a
are: method of sampling and analyzing for
(a) 80 micrograms per cubic meter an air pollutant, as described in an ap
(0.03 p.p.m.)-annual arithmetic mean. pendix to this part.
(b) 365 micrograms per cubic meter (g) "Equivalent method" means any
(0.14 p.p.m.)—Maximum 24-hour conmethod of sampling and analyzing for
centration not to be exceeded more than an air pollutant which can be demon
once per year. strated to the Administrator's satisfac
$ 50.5 National secondary ambient airtion to have a consistent relationship to
quality standards for sulfur oxides the reference method.
(sulfur dioxide). $ 50.2 Scope.
The national secondary ambient air (a) National primary and secondary quality standards for sulfur oxides, ambient air quality standards under sec measured as sulfur dioxide by the refertion 109 of the Act are set forth in this ence method described in Appendix A to part.
this part, or by an equivalent method, (b) National primary ambient air are: quality standards define levels of air (a) 60 micrograms per cubic meter quality which the Administrator judges (0.02 p.p.m.)—annual arithmetic mean.