1.  Disposition of Title - Title remains with third-party Sponsors!  Waiver Exceptions – Similar to previous WFO Class Waiver (research tool, foreign sponsor, etc.)  No March-in-Rights – Secretarial decision in a previous white paper  Waiver declined or denied – The Lab Contractor takes title. Big change from DOE taking rights  Government license – Two versions (next slide) WFO Class Waiver

2. Government License  The Government retains a “nonexclusive, nontransferable, irrevocable, paid-up license to practice or have practiced for or on behalf of the United States any Subject Invention throughout the world.”  Alternatively, Sponsors may seek application of a narrowed Government Use License (“Government R&D License”) for research and development purposes only 1.  Use of the R&D License must be accompanied by expanded government access to data generated under the WFO  Application of the Government R&D License requires approval by DOE/NNSA Patent Counsel after consulting with the cognizant DOE Program Office  The Government R&D License will not be allowed for WFO transactions related to national security.  Special attention also should be given to proposed WFO transactions involving environmental management programs, or in situations where the WFO transaction involves work to be performed for the Facility Contractor, Contractor’s parent, member, subsidiary, etc.

3. Data Rights  Normally, data generated under privately funded ACT/WFO transactions can be treated as “proprietary data.”  Proprietary data protection is not automatic for foreign sponsors, and requires approval from Patent Counsel with input from the applicable HQ Program Office.  If the government license is narrowed to a “Government R&D License,” proprietary data protection cannot exceed 5 years.

4. FundingWaiverTerms PrivateWaiver appliesAppendix A Appendix C (Gov’t R&D license and limited data protection) Waiver declined or deniedAppendix B ForeignWaiver not effectiveAppendix B Waiver appliesAppendix A or C, modified with Unlimited Rights Data Clause Federal fundingWaiver not effectiveAppendix B 4 IP Terms