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The sponsor, by the terms of this clause, receives a royalty-free,
non-exclusive license to reproduce, translate, and use all such
copyrighted material for its own purposes.
The sponsor may, if it prefers, receive only an option to such a
license.
3. Review for Patent Purposes
Under most research agreements, as described in Section I, which
follows,
disposition of rights in inventions, including whether and in what
countries to file patent applications. The sponsor, therefore, acquires
rights, such as exclusive or non-exclusive licenses, only when MIT
does in fact file for patents.
the Institute reserves the sole right to determine the
Under some agreements, however, the sponsor may make filing
recommendations or obtain rights in inventions which MIT might not
otherwise pursue, or in countries in which MIT might not otherwise
file. Under these circumstances, the sponsor needs an opportunity to
review potentially patentable inventions before patent rights are
defeated by publication.
The normal means of doing this is to establish a procedure for
identifying and disclosing inventions to the sponsor as they arise, or
periodic intervals, during the course of the research. This is the
most effective method of protecting patent rights without any delay in
publications.
1.5.1. under Patents.
A clause describing such a procedure is set forth as
In some cases, however, the sponsor is also given an opportunity to
review manuscripts prior to publication in order to identify and take
action on inventions which may not previously have been disclosed.
Since the publication is usually submitted to the sponsor no later than
its submission to the publisher there is normally ample time for such a
review.
Where this is not the case, however, the sponsor may be
given an opportunity to review the manuscript for a period of up to 30
days prior to submission to the publisher.
previously undisclosed and potentially patentable inventions
identified, the parties may agree to an extension of up to 60 days if
necessary in order to take appropriate steps to preserve patent
rights.
arrangements when
recommendations.
submitting material for publication (1) exceed 90 days without the
approval of the Provost's Office, or (2) delay the granting of academic
credit to a
H.3.1.
In the event that
are
This may, for example, be appropriate under consortia
coordinate filing
no event, however, may the total delay in
more
time
is
required to
In
student thesis.
An appropriate clause is set forth in
REVIEW DRAFT 5/82
