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ARS Home Office of Technology Transfer Licenses Section Folder





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License Agreement Templatesheadline bar **License Agreement Templates** USDA-ARS (USDA) has a variety of license agreements to effect the transfer of scientific research outcomes for commercialization by a commercial partner.  A USDA license agreement is a legal contract between USDA and the licensee that authorizes the use of the Government-owned technology to bring products or services into commercial use for the public good. Examples of our license agreements: **Biological Materials License Agreement** A Biological Materials License Agreement allows a company to license biological materials developed in USDA laboratories for which patent protection will not be obtained. Unpatented biological materials are licensed on a nonexclusive basis. The licensee does not have the right to grant sublicensees. The purpose of this agreement is to facilitate the commercial development of the biological materials into products offered for sale, or for internal use, by the licensee. *Biological Materials License Agreement* **Commercial Evaluation License Agreement** A Commercial Evaluation License Agreement grants a company the nonexclusive right to evaluate the commercial potential of a USDA invention. The license is for a limited number of months. It is for evaluation purposes only and permits the licensee to make and use the technology, but not to sell or distribute the products produced by the technology. A company is required to obtain an exclusive or a nonexclusive license for commercial development and/or use of the invention. Commercial Evaluation License Agreements are available for use with unpatented biological materials, pending or issued utility patents and plant patents, and pending or issued certificates for plant varieties. *Commercial Evaluation License Agreement* **Exclusive Patent License Agreement** An Exclusive Patent License Agreement grants a company the right to commercialize a patented or patent pending technology. The Exclusive Patent License Agreement may also give the licensee the right to grant sublicenses subject to the provisions of the Agreement and to the prior submission to and approval by USDA of the proposed sublicense. USDA must make a public announcement regarding its intent to grant an exclusive license, either by publishing a Notice of Intent on the Federal Laboratory Consortiumwebsite, or a comparable public format. Depending upon the outcome of the published Notice of Intent, the licensing strategy may change. *Exclusive Patent License Agreement* *Sample Royalty Report for Exclusive Patent License Agreement* **Nonexclusive Patent License Agreement** A Nonexclusive Patent License Agreement enables USDA to grant licenses to multiple companies for the same technology. The licensees do not have the right to grant sublicenses under a Nonexclusive Patent License Agreement. *Nonexclusive Patent License Agreement* **Plant Patent License Agreement** An exclusive Plant Patent License Agreement grants a nursery the exclusive right to asexually reproduce the licensed variety and to offer for sale, sell and have sold licensed products. The exclusive license may also give the licensee the right to grant sublicenses subject to the provisions of the Agreement and to the prior submission to and approval by USDA of the proposed sublicense. Nonexclusive license agreements are also offered for issued or pending plant patents. *Exclusive Plant Patent License Agreement* **Plant Variety License Agreement** An exclusive Plant Variety License Agreement grants an exclusive license to a seed company under a U.S. Plant Variety Protection Certificate, the right to propagate and maintain the licensed variety and to sell licensed products in the United States. The exclusive license may grant Plant Breeder’s Rights to propagate and maintain the licensed plant variety in other countries. It also may give the licensee the right to grant sublicenses subject to the provisions of the Agreement and to the prior submission to and approval by USDA of the proposed sublicense. Nonexclusive license agreements are also offered for pending or issued certificates for plant varieties. *Exclusive Plant Variety Protection License Agreement*


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