North Dakota Administrative Code
Title 43 - Industrial Commission
Article 43-03 - Contracts for Land Reclamation Research and Research, Development, and Marketing of Lignite Products Derived From Lignite
Chapter 43-03-06 - Public Information - Patent and New Technologies Policies
Section 43-03-06-03 - Use for governmental purposes
Current through Supplement No. 392, April, 2024
The grantee may copyright and publish material developed with commission funding. The state of North Dakota and its consultants, independent contractors, and suppliers, to the extent such are providing services to the state, shall have an irrevocable royalty-free right to practice under any patents, patent applications, or other new technology developed under the commission's programs. The intent of this section is to enable state agencies to purchase or use, or both, new technology products or processes for governmental purposes without having to pay the imputed development costs of the products or processes twice; first in the research and development state under commission funding and then later in the purchase of the processes or products. The state may not use this provision to enter into the private marketplace through direct manufacture or production of goods and services. The commission may waive the state's royalty-free right if any other governmental entity, state, federal, or foreign, provides matching funds and imposes conditions that do or may conflict with the right provided for by this section. A waiver may be given only if the following are met:
1. The grantee has requested from the other funding source a waiver of its requirements that conflict or may conflict with this section;
2. The other funding source provides at least twenty percent of the project's funding; and
3. It is unlikely the state would ever seek to use the right given the state under this section.
General Authority: NDCC 57-61-01.5
Law Implemented: NDCC 54-17.5-04, 57-61-01.5
