Daily Rules, Proposed Rules, and Notices of the Federal Government
35 U.S.C. 209 provides federal agencies with authority to grant exclusive licenses in federally-owned inventions, if, among other things, the agency finds that the public will be served by the granting of the license. The statute requires that no exclusive license may be granted unless public notice of the intent to grant the license has been provided, and the agency has considered all comments received in response to that public notice before the end of the comment period.
A123 Systems, Inc. of Watertown, Massachusetts has applied for an exclusive license to practice the inventions embodied in U.S. Patent Application No. 11/768,977 and has plans for commercialization of the inventions. The exclusive license will be subject to a license and other rights retained by the U.S. Government and other terms and conditions to be negotiated. DOE intends to negotiate to grant the license, unless, within 30 days of this notice, the Assistant General Counsel for Technology Transfer and Intellectual Property, Department of Energy, Washington, DC 20585, receives in writing any of the following, together with supporting documents:
(i) A statement from any person setting forth reason why it would not be in the best interests of the United States to grant the proposed license; or
(ii) An application for a nonexclusive license to the invention in which applicant states that it already has
The Department will review all timely written responses to this notice and will proceed with negotiating the license if, after consideration of written responses to this notice, a finding is made that the license is in the public interest.