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Goldman
Philanthropic Partnerships
Patent Policy
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Whereas,
The Goldman Philanthropic Partnerships (the
"Partnerships") is a not-for-profit
organization supported by philanthropic contributions;
and
Whereas, the
Partnerships, since its inception in 1998, has used
contributions to fund scientific research into the
causes of and potential cures catastrophic diseases; and
Whereas, the
Partnerships believes that it has a responsibility to
adopt policies that will insure that potentially
beneficial discoveries and inventions (hereinafter
"inventions") resulting from scientific
research funded in whole or part by the Partnerships are
developed and made available to the public;
Therefore,
the Partnerships hereby adopts the following patent
policies that will insure that such inventions are
brought to practical application.
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ooooo1.oooooThis
Patent Policy will be adhered to by, and is binding on,
all Grantee Institutions and Awardees (hereinafter,
collectively "Grantees" and individually
"Grantee"). Acceptance of the award
constitutes acceptance of the terms and conditions of
this Policy, which is further acknowledged by the
signatures affixed at the end of the document.
ooooo2.oooooThe
Grantee shall notify in writing the Chief Scientific
Officer or the Chief Executive Officer for the
Partnerships as soon as practicable after the disclosure
to the Grantee of any invention or intellectual property
resulting in whole or in part from research conducted
pursuant to a Partnerships award. In addition, the
Grantee shall notify the Partnerships within a
reasonable period of time, not to exceed one year,
whether it intends to pursue patent or copyright
protection for the invention. Thereafter, the Grantee
shall notify the Partnerships in writing within 60 days
after filing an application for patent or copyright. The
Grantee shall also notify the Partnerships in writing
within 60 days after receipt of any patent(s) or
copyright(s), and send a copy of the fee schedule(s) and
time(s) to renew the patent(s) to the Partnerships.
ooooo3.oooooThe
Partnerships will defer to the established written
patent policy of the Grantee or any institution for
which an individual awardee works provided that:
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a. Such
established written policy has been provided to the
Partnerships prior to the award of funding by the
Partnerships;
b. Such established written policy is not
inconsistent with the purposes, goals and obligations of
the Partnerships;
c. The Grantee notifies the Partnerships in writing
if the patent or copyright, or application therefore, is
to be sold or assigned at least sixty (60) days prior to
such sale or assignment;
d. The Grantee notifies the Partnerships in writing
immediately after a license under such patent or
copyright has been granted to any person or
organization;
e. In the case of paragraphs 3(c) and 3(d), the
terms of such sale, assignment or license shall not be
inconsistent with the provisions of this policy and such
notice shall identify the transferee or licensee and
include the terms of such transfer or license. The
Partnerships shall be given the opportunity to meet and
discuss with the transferee and licensee its intended
use of the patent or copyright;
f. The patent or copyright or application therefore,
shall not be abandoned without notifying the
Partnerships in writing 3 months before renewal fees are
due and, to the extent Grantee has the legal right to do
so, permitting the Partnerships to take title and pursue
the patent or copyright at its own expense; and
g. If, after a reasonable period of time, not to
exceed three (3) years from the award of the patent or
copyright, the Grantee, its transferee or licensee, has
not caused the patented or copyrighted invention to be
licensed or optioned, the Partnerships shall have the
right: (i) to require justification for such failure, or
(ii) to require the grant of a non-exclusive license to
a responsible applicant, upon reasonable terms, and if
such a request is refused, the Partnerships shall be
authorized to grant such a license itself on such terms
as it determines are reasonable.
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ooooo4.
If
the Grantee or any institution for which an individual
awardee is employed has no established written patent
policy, the Partnerships shall then have the right to
determine the disposition of any patent or copyright
rights, subject to paragraph 5 below.
ooooo5.
If
the patent policies of the Grantee or any institution
for which an individual awardee is employed or any
organizations that provided joint support for the
invention, conflict with the Policy of the Partnerships,
it is agreed that:
a. Those organizations,
institutions or individuals and the Partnerships shall
confer in good faith to arrive at a mutually acceptable
resolution in conformity with the Partnerships’ policy
of bringing appropriate inventions to practical
application as expeditiously as possible; and
b. The
Partnerships reserves the right to participate in net
royalty income should any other organization,
institution or individual elect to retain royalty
rights.
ooooo6.
Notwithstanding
anything herein before, it is expressly acknowledged by
the Grantee that the Partnerships has an interest in
ensuring that products, services or other practical
applications resulting from any invention under this
policy are quickly developed and made available at fair
prices. The Grantee or institution for which an
individual awardee is employed shall require that its
transferee or licensee diligently proceed with the
development, manufacture, sale and use of such products,
services or other practical applications in order to
make them readily available to the general public as
soon as possible on commercially reasonable terms.
ooooo7.
If
the Grantee obtains a patent or copyright on an
invention as set out in paragraph 3 above, then the
distribution of any income derived there from including
any equity dispositions, shall be determined according
to the policies of the Grantee or the organization at
which an individual awardee is employed; provided,
however, that there shall be a distribution of income or
equity to the Partnerships reasonably related to the
Partnerships' financial contribution to the invention,
to be set forth as an addendum to this document.
ooooo8.
The
Partnerships reserves the right to publicize the
Partnerships' support for the invention and to use the
Grantee's name in such publicity, subject to the
Grantee’s right of review and reasonable approval. The
Partnerships' name and logo, however, may not be used
without the prior written approval of the Partnerships.
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Executed this ______________ day of _________________,
20_____
_______________________________________________________
Name
Title
Goldman Philanthropic Partnerships
______________________________________________________
Name
Title
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