Current through Register Vol. 54, No. 44, November 2, 2024
Section 76.71 - License requirements(a) An agreement for a loan or a grant, or both, shall contain an agreement by the developing agency that it grants, and shall require a contractor performing work with funds under the loan or grant, or both, to grant to the Commonwealth, a royalty-free, nonexclusive, irrevocable license to use and practice and to have used and practiced for it within this Commonwealth all information, including the subject matter of an invention, generated, conceived or made by the development agency or contractor, or both, in the course of work performed with funds from the loan or grant, or both, and relating to solid waste processing/disposal and resource recovery systems and under an United States Letters Patent covering an invention which the development agency or contractor has the right to license; the license to include also a royalty free nonexclusive, irrevocable license under a background United States Letters Patent which the development agency or contractor has the right to license and infringement of which cannot be avoided by the practice of the invention; and the license also to include the right to the Commonwealth to grant to municipalities and municipal authorities within this Commonwealth royalty-free, nonexclusive, irrevocable sublicense of like scope.(b) In projects where there is also financial participation by the United States government under conditions entitling the United States government to paramount rights in information, invention and United States Letters Patent covering the same, the Department will make every reasonable effort to obtain from the United States government a royalty free nonexclusive, irrevocable license of the same scope as the license referred to in subsection (a) before executing the subject agreement with the development agency.The provisions of this §76.71 adopted January 30, 1976, effective 2/16/1976, 6 Pa.B. 157.