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Licensing NIST Inventions


The Office of Technology Partnerships (OTP) negotiates the licensing of NIST patented inventions, pursuant to the policy and objectives set forth in the 1980 Amendments to the Patent and Trademark Laws (Bayh-Dole) Act and the Federal Technology Transfer Act of 1986, as amended. Parties interested in licensing an issued patent or patent application to conduct further research on and/or commercialize NIST technology can obtain a license application on-line or from OTP.

License fees and royalties for commercialization licenses are negotiated on a case by case basis and depend upon several factors including the scope of the rights granted, the size of the potential market, and the time and financial investment required by the licensee to bring a product to market. Information provided by the license applicant concerning the product concept, market size, profitability, and additional research and development required prior to product introduction is used to determine fair fees and royalties for each invention.

Commercial licenses can be granted both exclusively and non-exclusively or by specific field of use. Research licenses are only granted on a non-exclusive basis.



    Q. Can NIST grant my company an exclusive license?  
    Q. How is the amount of the royalty determined? Is it used to pay NIST back for the cost of the NIST research?  
    Q. What is there to prevent a company from licensing a NIST invention and then just sitting on it?  
    Q. I work for a large multinational company with manufacturing facilities throughout the world that is interested in licensing a NIST invention. However, we would not be interested if we could only use the licensed technology in the U.S. Can the technology granted in a license be used to manufacture outside the U.S.?  
  Sample Forms    
    The following forms are in PDF format and require *Adobe Acrobat Reader to view and print. This software may be downloaded without charge. If Adobe Acrobat Reader is not accessible, you may request a paper copy from the Webmaster. Forms may be downloaded and distributed.  
    License Application Form    
    Exclusive License    
    Non-Exclusive License    
    Research License    
    Invention Disclosure and Rights Questionnaire (CD-240)    
  See Also    
    How to Apply for a License    
    Search NIST patents, licenseable technologies, inventions    
  Point of Contact    
    Technology Partnerships    

* Adobe Acrobat Reader is identified in order to assist users of this information service. In no case does such identification imply recommendation or endorsement by the National Institute of Standards and Technology.



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For technical questions concerning the Office of Technology Partnerships, contact us:

Office of Technology Partnerships, NIST, 100 Bureau Drive, Stop 2200, Gaithersburg, MD 20899-2200
Phone: (301) 975-3084, Fax: (301) 869-2751, Email: otp@nist.gov

Website Comments: otpweb@nist.gov

Created: February 2002
Last Modified: April 20, 2004

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