Technology License and Option Agreements grant rights to use Berkeley Lab intellectual property for commercial use and non-commercial use.
Berkeley Lab licenses software and technologies to industry in order to move Lab inventions to the marketplace and benefit the public. Berkeley Lab seeks licensees that can marshal the requisite financial, R & D, manufacturing, marketing, and managerial capabilities and commitment to successfully commercialize Berkeley Lab innovations. Our goals are to:
- Promote the use of Berkeley Lab technology to benefit society through licensing Lab inventions to companies capable of successfully commercializing them;
- Support the research mission of the Lab through generating licensing income that supports future Lab research and by identifying industry partners to sponsor Lab research;
- Earn a fair return and recognition for the Lab and inventors; and
- Contribute to regional and national economic development.
- Terms of each license vary commensurately with the market value of each technology and the common licensing practices of the relevant industrial sector.
- Licenses typically have at least these three monetary terms:
- License issue fee, due upon execution of the agreement;
- Running royalty, most commonly based on a percentage of sales; and
- Minimum annual royalties.
- Licenses also contain performance requirements for the licensee. These are mutually agreed upon milestones that reflect the licensee’s diligent progress toward the development of the technology. These requirements ensure that technologies developed at Berkeley Lab are commercialized and that the public ultimately enjoys the benefit.
- Licenses may be exclusive or non-exclusive for a particular field of use or geographic region.
- When an agreement grants an exclusive license for the U.S. market, the licensee must substantially manufacture the technology in the U.S.
- The U.S. government is granted a nontransferable, non-exclusive license to use the invention for government purposes only, as is standard practice with federally funded inventions.
The Technology Transfer Department looks forward to working with you to develop commercially reasonable and fair license terms and conditions. Qualified small, women-owned, minority-owned, and disadvantaged businesses are especially encouraged to inquire.
For more information on licensing, please see Frequently Asked Questions.