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Technology Partnerships Office

Licensing Authorities

Non-exclusive Licensing

Sub Type	Purpose	Parties	Authority
Commercial Evaluation License (CEL)	Permits temporary internal use and evaluation of a NIST invention. Term less than 1 year No right to sell, distribute materials, perform services, or sublicense	Used between NIST and companies Limited by field of use	35 USC §§ 200-212 37 CFR Part 404
Non-exclusive Patent License	Permits commercial manufacture and sale of materials, products, or services; or permits commercial internal use, without rights to sell or distribute materials, products, or services.	Used between NIST and companies Limited by field of use	35 USC §§ 200-212 37 CFR Part 404
Non-patented Invention License	Permits commercial manufacture and sale of materials, products, or services derived from non-patented inventions, eg certain software or biological materials.	Used between NIST and companies Limited by field of use	35 USC §§ 200-212 37 CFR Part 404
Research Use License	Permits temporary internal use of a NIST invention in a specific research project (which cannot be commercial development of the invention). No right to sell, distribute materials, or perform services	Used between NIST and companies Limited by field of use	35 USC §§ 200-212 37 CFR Part 404

Exclusive Licensing

Sub Type	Purpose	Parties	Authority
Exclusive Patent License Co-exclusive Patent License	Permits commercial manufacture and sale of materials, products, or services limited to a particular field of use.	Used between NIST and companies Limited to a single entity or group of entities Limited by field of use	35 USC §§ 200-212 37 CFR Part 404
Start-up Exclusive Evaluation Option License	Permits short-term commercial evaluation of certain early-stage NIST inventions; convertible to full exclusive license. Term limited to 1-3 years No right to sell, distribute materials, perform services, or sublicense	Used between NIST and start-up companies Limited to a single entity per field of use	35 USC §§ 200-212 37 CFR Part 404
Start-up Exclusive Patent License	Permits commercial manufacture and sale of materials, products, or services limited to a particular field of use; or Permits term-limited commercial evaluation of a NIST invention	Used between NIST and start-up companies Limited to a single entity per field of use	35 USC §§ 200-212 37 CFR Part 404

Sub Type

Purpose

Parties

Authority

Exclusive Patent License

Co-exclusive Patent License

Permits commercial manufacture and sale of materials, products, or services limited to a particular field of use.

Used between NIST and companies
Limited to a single entity or group of entities
Limited by field of use

35 USC §§ 200-212

37 CFR Part 404

Start-up Exclusive Evaluation

Option License

Permits short-term commercial evaluation of certain early-stage NIST inventions; convertible to full exclusive license.

Term limited to 1-3 years
No right to sell, distribute materials, perform services, or sublicense

Used between NIST and start-up companies
Limited to a single entity per field of use

35 USC §§ 200-212

37 CFR Part 404

Start-up Exclusive

Patent License

Permits commercial manufacture and sale of materials, products, or services limited to a particular field of use; or
Permits term-limited commercial evaluation of a NIST invention

Used between NIST and start-up companies
Limited to a single entity per field of use

35 USC §§ 200-212

37 CFR Part 404

Created December 12, 2023