Page:United States Statutes at Large Volume 60 Part 2.djvu/406

 INTERNATIONAL AGREEMENTS OTHER THAN TREATIES [60 STAT. national defense purposes, and to sell or otherwise dispose of in ac- cordance with law, material, substances, articles, or apparatus, and to use processes, embodying the subject matter of any or all patent rights covered by this paragraph (a). Inventions attribut- able to disclosed in- (b) The Contracting Officer shall determine whether or not dis- formation. coveries or inventions hereafter made are attributable in whole or in part to information disclosed hereunder to the Contractor. Whenever any patentable discovery or invention which is attributable in whole or in part to information disclosed hereunder to the Contractor is made by the Contractor, its employees, or other persons working under its direction, in the course of the subject work, the Contracting Officer shall have the sole power to determine whether or not a patent applica- tion shall be filed, and to determine, as between the Contractor and the persons, corporations or other organizations which contributed the information to which the patentable discovery or invention is attributable in whole or in part, the disposition of the title to and the rights, including without limitation licenses, royalty-free or otherwise, under any application or patent, United States or foreign, that may Grantingcofroyalty- result; Provided, That the Government shall be granted a non- free license to Govern- ment. exclusive, irrevocable, royalty-free license, to make, have made, and use, for military, naval, and national defense purposes, and to sell or otherwise dispose of in accordance with law, material, substances, articles, or apparatus, and to use processes, embodying the subject ranngicenses, matter of any or all patent rights covered by this paragraph (b); subject to payment of Provided,further, That the Contracting Officer shall retain the right royalties, to corpora- tions, etc. to require the patentee to grant, subject to the payment of royalties at reasonable rates to be determined by the patentee but not in excess of five per cent (5%) of the lowest net wholesale price of penicillin or a therapeutic equivalent charged by the licensee, to persons, corporations or other organizations designated by the Contracting Officer, non- exclusive licenses to make, have made, use, sell or otherwise dispose of, material, substances, articles or apparatus, and to use processes, em- bodying the subject matter of any or all patent rights covered by this paragraph (b). Finality of judgment of ontracting officer (c) The judgment of the Contracting Officer on matters to be determined under this Article shall be accepted as final, and the Con- tractor, for itself, its employees, and other persons working under its direction, agrees that the inventor or inventors will execute all documents and do all things necessary or proper to carry out the Rejonli udgment of the Contracting Officer. (d) Any and all licenses granted under the provisions of this Article shall be restricted to the manufacture, use, sale or other disposition of penicillin or a therapeutic equivalent. (e) The Contracting Officer shall recommend to the Commissioner of Patents any modification necessary to carry out the provisions of this Article of any secrecy orders issued against applications for patents covered by this Article. cloesuretinformation. A riCLE4. Secerity Provisions. (a) During the continuance of the present unlimited National Emergency, the Contractor shall not dis- close any information concerning this contract or obtained as a result 1494

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