Artikel 17

A. Patent Rights Clause in Subcontracts. Unless otherwise approved by the United States Advisor, the Contractor shall not enter into any subcontract hereunder in which $ 3,000 or more is to be paid for experimental, developmental or research work, which does not include the following contractual provision:
„PATENT RIGHTS
„(a) Definition of terms. This is a subcontract under Contract No. TN-01-MWP-AF-55 between the United States Government and (RVO-TNO) as Contractor. As used in this clause entitled „PATENT RIGHTS”, the terms (i) „Subcontractor” means (name of subcontractor); elsewhere in this subcontract referred to as (vendor, etc.); (ii) „United States Advisor” means the Advisor representing the United States Government in Contract No. TN-01-MWP-AF-55; (iii) „NATO Government” includes the Government of any nation which is now or hereafter becomes a member of NATO; (iv) „Subcontract Work Period” means the period of time beginning with date of this subcontract or the date of beginning work in contemplation that this subcontract would be awarded, whichever is earlier; (v) „Governmental Purposes” means all manufacture, use and disposal by or for any NATO Government that is necessary or important to the mutual defense of NATO nations and (vi) „Subcontractor's Subject Inventions” means all patentable inventions conceived by Subcontractor's employees during the Subcontract Work Period and in the performance of the work under this Subcontract, and all patentable inventions owned or controlled by Subcontractor which are made, first actually reduced to practice, improved, or further developed as a part of the work under this Subcontract and which have not been covered by a patent application in some country prior to the Subcontract Work Period.
„(b) Filing of Patent Applications. Subcontractor agrees not to file applications for patents covering Subcontractor's Subject Inventions in any country other than a NATO country designated by SHAPE except with approval of the United States Advisor.
„(c) Disclosure of Subcontractor's Subject Inventions. Subcontractor shall make written disclosure to RVO-TNO of each Subcontractor's Subject Invention which Subcontractor considers reasonably patentable in Subcontractor's country promptly after conception or first actual reduction to practice, whichever is applicable. At the time of making such disclosure or not later than six months thereafter, Subcontractor shall (i) inform RVO-TNO of all countries in which Subcontractor has filed or intends to file application for patent covering Subcontractor's Subject Inventions; and (ii) furnish to RVO-TNO copies of such applications concurrently with their filing.
„(d) License under Subcontractor's Subject Inventions. Subcontractor agrees to grant to NATO Governments designated by SHAPE an irrevocable, nonexclusive and royalty-free license for Governmental Purposes throughout the World under Subcontractor's Subject Inventions. Subcontractor shall furnish to each such Government, upon request of. SHAPE, a confirmatory document evidencing such license under any patent application and any patent eventuating from such patent application which the Subcontractor shall obtain for any Subcontractor's Subject Invention.
„(e) Assignment of „Optional Rights” in Subcontractor's Subject Inventions. The rights for Subcontractor's Subject Inventions in any country in which the Subcontractor shall not have filed an application for patent within six months after making written disclosure to RVO-TNO as required in paragraph (c) above, or within six months after the first filing in any country of an application for such an Invention, whichever is earlier, are herein called „Optional Rights.” Subcontractor shall assign to any NATO Government, upon request of SHAPE, the Optional Rights within such NATO country. Subcontractor shall assign to RVO-TNO, upon request of SHAPE, the Optional Rights in any country other than NATO countries, and in any NATO country which shall not have requested assignment to it of the Optional Rights after having had the right to so request for two months. Subcontractor agrees to furnish all necessary papers including lawful oaths required for the filing and prosecution of applications for patent under Optional Rights whenever Subcontractor shall have been requested to assign such Optional Rights as above provided.
„(f) License under Background Patents. Subcontractor agrees to grant to each NATO Government on a reasonable and equal basis, upon request of SHAPE, an irrevocable, nonexclusive license for Governmental Purposes under any patents which (1) cover inventions other than Subject Inventions owned or controlled by the Subcontractor at the time of entering into this contract, and (2) will be necessary to utilize the products or processes developed under this contract. Such license under such patents shall be limited to the right to use the inventions when necessary to utilize the products or processes developed under this contract.
„(g) Lower-tier Subcontracts. Except as may otherwise be approved by the United States Advisor under Contract No. TN-01-MWP-AF-55 Subcontractor shall include this clause entitled „PATENT RIGHTS” (making appropriate changes in paragraph (a) hereof for name of Subcontractor and name of Vendor, etc.) in any subcontract placed by Subcontractor in which payment is to be made in amount of $ 3,000 or more for experimental, developmental or research work.”
B. Contractor's Duties under Subcontracts. Contractor shall provide promptly to SHAPE copies for distribution to NATO Governments which are designated by SHAPE and which agree to safeguard security of information in accordance with NATO Security Regulations of (1) disclosure to Contractor by subcontractors of Subcontractor's Subject Inventions; and (2) applications for patents furnished to Contractor by subcontractors.