than Technical Personnel, and as respects the practice of any Subject Invention in foreign countries, the said license and other rights hereinafter provided shall be to the extent of Contractor's right to grant the same; and provided, further, that with respect to any subcontract hereunder, Subcontractor's obligations under this article will be discharged upon its including in such subcontract a patent right or copyright article not less favorable to the Government than as herein provided; and (ii) each invention covered by Subcontractor's Patent Rights in the manufacture, use, and disposition according to law of any and all discoveries, inventions, devices, and parts thereof of the type made or developed in the performance of this contract or any subcontract hereunder, and any modification or improvement thereof, but acceptance or exercise of said license shall not estop the Government at any time to contest the enforceability, validity, or scope of, or the title to, any patent or copyright so licensed.

(c) In consideration of the premises, the nature of the subject matter, and the payments indirectly made by the Government under this contract, Contractor agrees to grant to any person, firm, or organization designated by the Administrator of Veterans Affairs, or the duly authorized representative of the Administrator, a nonexclusive, nontransferable, royalty-free license, revocable upon like designation of the Administrator, to practice and cause to be practiced the Subject Inventions and inventions under Contractor's Patent Rights for the manufacture of devices of the type or related to subject invention other than for the Government, and to grant no other license or licenses therefor.

(d) Contractor agrees (i) to deliver to the Contracting Officer, or his designee, promptly and in any event prior to final settlement, & complete written disclosure of each Subject Invention which reasonably appears to be patentable or subject to copyright and, as to each such invention, to exert its best efforts to effect such delivery within six months after first publication, public use or sale; (ii) to designate, at the time of such delivery, whether or not said invention has been or will be claimed in a patent or copyright application, and to file or cause to be filed in due form and time an application covering each such invention affirmatively so designated; (iii) to furnish to the Contracting Officer or his designee, on request, copies of an irrevocable power of attorney to inspect and make copies of each patent or copyright application filed by or on behalf of the Contractor covering any Subject Invention; (iv) to deliver to the Contracting Officer or his designee, duly executed, such instruments of assignment, application papers and rightful oaths, prepared by the Government, as the Contracting Officer or his designee deems necessary to vest in the Government (but, as hereinabove provided, only to the extent of Contractor's right to do so) the sole and exclusive ownership in, and the right to apply for and prosecute patent or copyright applications covering each Subject Invention which Contractor does not affirmatively designate as aforesaid (subject, however, to the reservation of a nonexclusive and royalty-free license thereunder to Contractor which license shall be assignable to the successor of that part of Contractor's business to which it pertains); and (v) to deliver to the Contracting Officer or his designee, duly executed, such instruments of license, prepared by the Government, confirmatory of any license

rights herein agreed to be granted to the Government, as the Contracting Officer or his designee may require.

(e) Contractor agrees to and does hereby grant to the Government, to the full extent of Contractor's right to do so, the right to reproduce, use and disclose for any purpose in furtherance of the development of subject invention or any invention or device in the same field all or any part of the reports, drawings, blueprints, data and technical information to be delivered by Subcontractors to the Contractor and the Government under this contract; provided, however, that nothing contained in this sentence shall be deemed to grant a license under any patent or copyright now or hereafter issued.

(f) Anything in this Article to the contrary notwithstanding, the Government shall have, and the Contractor does hereby grant to the Government, the right to file foreign patent or copyright applications on inventions resulting from research conducted or work performed under this contract.

Alderson Research Laboratories, Inc.

Number of contract V1005M-1253 V1005 M-1917 V1001 M-184 V1005M-1079 V1005 M-1080 V1005 M-1926

V1001 M-3614

V1001M-3123

Board of Trustees of the Leland Stanford, Jr., Univer- V1005M-716

2. Article 7. Patent Provisions is hereby amended to read as follows: "(a) Where used in this Article and not elsewhere in this contract, the expression "Subject Invention" means each invention, improvement and discovery (whether or not patentable or subject to copyright) conceived or first reduced to practice (i) in the performance of this contract, including any subcontract hereunder except subcontracts for standard commercial items or subcontracts which do not involve either research or development (including engineering which amounts to either research or development) beyond that normally incident to the performance of a supply subcontract for the class of item involved, or (ii) in the performance of any research or development work relating to the subject-matter hereof which was done upon the understanding that this contract or any subcontract hereunder would be awarded (unless disclosed), in a patent or copyright application filed prior to the commencement of such performance): the expression "Technical Personnel" means each person employed by or working under the direction of Contractor or any subcontractor hereunder who, by reason of the nature of his duties in connection with the performance of this contract, or any subcontract hereunder,

would reasonably be expected to make inventions; and the expression "Contractor's Patent Rights" means all patents and applications for patent or copyright, under which Contractor now has or may hereafter acquire the right to grant a license, to the extent that they are based upon the disclosure of inventions other than a Subject Invention.

"(b) Each Subject Invention made by Technical Personnel and, to the extent of Contractor's assignable rights therein, each Subject Invention made by other than Technical Personnel, shall be the sole and exclusive property of the Government, and the Contracting Officer or his designee shall have sole power to determine to whom, and in what manner and form, consistent with law, title thereto shall be assigned and patent and copyright protection therefor shall be obtained in any country; provided, however, (i) that as respects any Subject Invention made by Technical Personnel employed by or under contract with the Contractor prior to the date of this contract whom Contractor has in good faith endeavored to bring under agreement to pass, or giving Contractor the right to pass, to the Government the rights herein provided the foregoing and other rights hereinafter provided shall be to the extent of Contractor's right to assign or grant the same; (ii) that nothing contained in this sentence shall be deemed to grant a license under Contractor's Patent Rights; and (iii) that with respect to any subcontract hereunder, Contractor's obligations under this article will be discharged upon its including in such subcontract a patent right or copyright article not less favorable to the Government than as herein provided.

"(c) Contractor agrees (i) to deliver to the Contracting Officer or his designee, promptly and in any event prior to final settlement, a complete written disclosure of each Subject Invention which reasonably appears to be patentable or subject to copyright and, as to each such invention, to exert its best efforts to effect such delivery within six months after first publication, public use or sale; and (ii) to deliver to the Contracting Officer or his designee, duly executed, such instruments of assignment, application papers and rightful oaths, relating to each Subject Invention title to which is to be assigned pursuant to this contract, as the Contracting Officer or his designee may require in order to enable patent or copyright applications therefor to be filed and prosecuted, and title to such applications to be assigned and recorded, in any country.

"(d) Contractor agrees to and does hereby grant to the Government, to the full extent of Contractor's right to do so, the right to reproduce, use and disclose for any governmental purpose all or any part of the reports, drawings, blueprints, data and technical information to be delivered by Contractor to the Government under this contract; provided, however, that nothing contained in this sentence shall be deemed to grant a license under any patent or copyright now or hereafter issued.

"(c) Anything in this Article to the contrary notwithstanding, the Government shall have, and the Contractor does hereby grant to the Government, the right to file foreign patent or copyright applications on inventions resulting from research conducted or work performed under this contract."

List of contractors using this clause

Active: University of California..................

SPECIAL FORM PATENT CLAUSE

VAm-23110

ARTICLE 7(a). Patent Provisions. (1) Where used in this Article, but not elsewhere in this contract, the expression "subcontract hereunder" means any subcontracts hereunder including the contract between Contractor and Samuel Alderson dated May 24, 1946. The expressions "subcontractors hereunder" and "Technical Personnel" include said Alderson as well as other persons. The expression "Subject Invention" means any invention, improvement or discovery (whether or not patentable) conceived or first actually reduced to practice (i) in the performance of this contract, including any subcontract hereunder except subcontracts for standard commercial items, or subcontracts which do not involve either research or development beyond that normally incident to the performance of a supply contract for the close of item involved, (but engineering which amounts to research or development is not within this exception), or (ii) in the performance of any research or development work relating to the subject matter hereof which was done upon the understanding that this contract or any subcontract hereunder would be awarded, or (iii) in the performance of research or development work on Contractor's artificial arm project subsequent to October 15, 1945, but without prejudice to the Government's titles or rights, if any, in respect to the subject matter for any period prior to June 30, 1947 (date of expiration of Government contracts prior to Veterans Administration contracts). The expression "Technical Personnel" means persons employed by or working under the direction of this Contractor, all Subcontractors, and persons employed by or working under the direction of any Subcontractor, hereunder who, by reason of the nature of his duties in connection with the performance of this contract, or any subcontract hereunder, would reasonably be expected to make inventions. The expression "Contractor's Patent Rights" means all patents and applications for patent, under which Contractor and/or Technical personnel now have or may hereafter, prior to final settlement, acquire the right (without obligation to make payment to others) to grant the license hereinafter set forth to the extent that they are based upon the disclosure of inventions, (whether or not it is a subject invention), which relate to the manufacture or use of the subject matter of this contract.

(2) Contractor agrees to and does hereby grant to the Government an irrevocable, nonexclusive, nontransferable and royalty-free license to practice, and cause to be practiced or manufactured for the Government, throughout the world, each Subject Invention in the manufacture, use and disposition according to law of any article or material, and the use of any method; but acceptance or exercise of said license shall not prevent the Government at any time from contesting the enforceability, validity or scope of, or the title to, any patent so licensed. Contractor further agrees to include in any subcontract hereunder, including that to Alderson, as well as in any contract of employment hereunder, a requirement for the grant by such subcon

tractor or employee of a like license to the Government by such subcontractor or employee.

(3) Contractor agrees (i) to deliver to the Contracting Officer, or his designee, promptly and in any event prior to final settlement under this contract, a complete written disclosure of each Subject Invention which reasonably appears to the Scientific Officer to be patentable and, as to each such invention, to exert its best efforts to effect such delivery within six (6) months after first publication, public use or sale; (ii) to designate, at the time of such delivery, whether or not said invention has been or will be claimed in a patent application, and to file or cause to be filed in due form and time an application covering each such invention; (iii) to furnish to the Contracting Officer or his designee, on request, irrevocable authority to inspect and make copies of each patent application filed by or on behalf of the Contractor, any subcontractor or employee of either the Contractor or any subcontractor, covering any Subject Inventions; (iv) to deliver to the Contracting Officer or his designee, duly executed, such instruments of license, prepared by the Government as the Contracting Officer or his designee may require, confirmatory of the license rights herein agreed to be granted to the Government.

(4) Contractor agrees for itself, to grant to the Government, and to include in any subcontract or employment contract a provision requiring such subcontractor or employee to execute similar grants, the right to reproduce, use, and disclose for any governmental purpose all or any part of the reports, drawings, blueprints, data, and technical information available under this contract.

ARTICLE 7(b). Grants. Samuel Alderson hereby grants to the Government an irrevocable, nonexclusive, nontransferable and royaltyfree license to practice and cause to be practiced or manufactured for the Government, throughout the world, as to each subject invention (defined in Article 7 as amended hereby of Contract V1001M-2195 between the Government and IBM) patented by or for the said Alderson, or discovered by the said Alderson subsequent to October 15, 1945, without prejudice to any existing rights of the Government under any prior Government Contracts in this field; and agrees that the contract between Alderson and Contractor dated May 24, 1946, and effective October 15, 1945, shall be deemed a subcontract under said Contract V1001M-2195 from and after this date and during any extension thereof including this agreement.

List of contractors using this clause

Inactive: International Business Machines Corporation. V1001M-2195.