FL-106 Rev. 7-08.pdf

FL-I06

PATENT TERMS AND NOTICE OF RIGHT

TO REQUEST PATENT WAIVER

1. Uncler the provisions of P.L. 96-517, the patent terms required for subcontracts with Offerors in certain categories arc set forth in the Department of Energy Acquisition Regulation (DEAR). In order to deterl11ine the Patent provisions applicable to this subcontract, please check the applicable box.

Offeror is:

[ 1 (a) A small business finn as defined at Section 2 of P.L. 85-536 (15 U.S.c. 632) and implementing regulations of the Administrator of the Small Business Administration. for the purpose of this definition, the size standard for small business concerns involved in Government procurement, contained in 13 C.F.R. 121.3-8, and in subcontracting, contained in 13 C.F.R. 121.3-12. will be used.

l :I (b) A University or other institution of higher education or an organization of the type described in Section 501(e)(3) of the Internal Revenue Code of 1954 (26 U.S.c. 501(e» and exempt from taxation under Section 501(a) of the Internal Revenue Code (26 U.S.C 501(a»; or

[ 1 (c) A nonprofit scientific or educational organization qualified under a State nonprofit organization statute. Please identify the statute ______ _

[ 1 (d) None of the above.

2. [applicable (m/rlo Offeror.\" who have checked 1. (eI) above1

FL-106

Offerors \\'ho have checked (d) nbove have the right to request, in advance of or within 30 days nner execution of the subcontrnct, in accordnllce with applicable stntutes and the DOE Patent Waiver Regulation, (10 CF.R. Part 784), a waiver of all or any part of the rights of tile United States in Subject Inventions. Please indicate:

[ ] [ intend to request an advance waiver in accordnllce with 10 C.F.R. Part 784.

[ ] I do not intend to request an advancc waiver.

This is submitted with the intention that the Department of Energy rely on my represcntation that thc organizntion named belO\\' is a mcmber of the cntcgory indicated.

(Name of Organization)

(Signature of A uthorized Representative) (Typed or Printed Name)

(Title of Authorized Representative) (Date)

(Rev. 7/08)