We seek licensees that are most able to bring a technology to market. Potential licensees should have solid R&D capabilities, financial resources, a clear commercialization plan, and experience in relevant markets.

Non-U.S. companies may license our technologies, however, as a federally-funded facility, we have a preference for U.S. companies.

Products based on licenses for patent and patent-pending technologies have a requirement to be substantially manufactured in the U.S.

Prior to licensing a technology, we broadly publicize the availability of the technology to small and large corporations, providing the public with “Fairness of Opportunity.”

Exclusive rights grant a single licensee exclusive rights to use the technology, subject to certain terms. Non-exclusive rights grant the licensee the right to use the intellectual property, but means that the Lab remains free to license the same intellectual property to others.

A license with a field of use provision limits the scope of the application of the intellectual property to a specific area. The terms of a license agreement can limit the licensee to selling or distributing the products based on the patent in a specific geographical region.

An option to license a patent or patent application allows the optionee to explore the possibility of commercializing an invention for a limited amount of time, but the optionee cannot sell products or services until it obtains a license.

In all Berkeley Lab agreements, the U.S. government is granted a nontransferable, non-exclusive license to use the invention for government purposes only. This is standard practice with federally funded inventions.

Our licensing fee structure is in line with that of academic institutions. The fees related to a license are based on several factors, including the market value of the technology, common licensing practices in the relevant industrial sector, additional development costs involved in bringing the technology to market, and the scope of the field of use or geographic region.

To ensure that our licensed technologies are commercialized so that the public ultimately benefits, licensees must meet, and provide regular reports on, mutually agreed upon performance requirements that reflect diligent progress towards commercialization.

Licensees and their sublicensees (if any) are required  to manufacture substantially in the U.S. This U.S. manufacturing requirement may be modified or waived by the U.S. Department of Energy if domestic manufacture is not commercially feasible.

Licensees will observe all U.S. and foreign laws related to the transfer of licensed products and related technical data to foreign countries, including the International Traffic in Arms Regulations and the Export Administration Regulations. The export of any technology from the U.S. may require some form of export control license from the U.S. government.

Licensees will promptly report to us any change in ownership that is a controlling interest, including any funding or investment. 

Licensees will also promptly report to Berkeley Lab any changes in foreign funding, foreign investment, or foreign influence.