PUBLIC LAW 110–140—DEC. 19, 2007
121 STAT. 1691
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electric drive vehicles, stationary applications, and electricity transmission and distribution. (2) PROGRAM MANAGEMENT.—The centers shall be managed by the Under Secretary for Science of the Department. (3) PARTICIPATION AGREEMENTS.—As a condition of participating in a center, a participant shall enter into a participation agreement with the center that requires that activities conducted by the participant for the center promote the goal of enabling the United States to compete successfully in global energy storage markets. (4) PLANS.—A center shall conduct activities that promote the achievement of the goals of the plans of the Council under subsection (e)(4). (5) NATIONAL LABORATORIES.—A national laboratory (as defined in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801)) may participate in a center established under this subsection, including a cooperative research and development agreement (as defined in section 12(d) of the StevensonWydler Technology Innovation Act of 1980 (15 U.S.C. 3710a(d))). (6) DISCLOSURE.—Section 623 of the Energy Policy Act of 1992 (42 U.S.C. 13293) may apply to any project carried out through a grant, contract, or cooperative agreement under this subsection. (7) INTELLECTUAL PROPERTY.—In accordance with section 202(a)(ii) of title 35, United States Code, section 152 of the Atomic Energy Act of 1954 (42 U.S.C. 2182), and section 9 of the Federal Nonnuclear Energy Research and Development Act of 1974 (42 U.S.C. 5908), the Secretary may require, for any new invention developed under this subsection, that— (A) if an industrial participant is active in a energy storage research center established under this subsection relating to the advancement of energy storage technologies carried out, in whole or in part, with Federal funding, the industrial participant be granted the first option to negotiate with the invention owner, at least in the field of energy storage technologies, nonexclusive licenses, and royalties on terms that are reasonable, as determined by the Secretary; (B) if 1 or more industry participants are active in a center, during a 2-year period beginning on the date on which an invention is made— (i) the patent holder shall not negotiate any license or royalty agreement with any entity that is not an industrial participant under this subsection; and (ii) the patent holder shall negotiate nonexclusive licenses and royalties in good faith with any interested industrial participant under this subsection; and (C) the new invention be developed under such other terms as the Secretary determines to be necessary to promote the accelerated commercialization of inventions made under this subsection to advance the capability of the United States to successfully compete in global energy storage markets. (i) ENERGY STORAGE SYSTEMS DEMONSTRATIONS.— (1) IN GENERAL.—The Secretary shall carry out a program of new demonstrations of advanced energy storage systems.
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