42 USC 16192 - Next Generation Lighting Initiative

U.S Code last checked for updates: Nov 22, 2024

§ 16192.

Next Generation Lighting Initiative

(a)

Definitions

In this section:

(1)

Advanced solid-state lighting

(2)

Industry Alliance

(3)

Initiative

(4)

Research

(5)

White light emitting diode

(b)

Initiative

(c)

Objectives

(d)

Industry Alliance

(e)

Research

(1)

Grants

The Secretary shall carry out the research activities of the Initiative through competitively awarded grants to—

(A)

researchers, including Industry Alliance participants;

(B)

small businesses;

(C)

National Laboratories; and

(D)

institutions of higher education.

(2)

Industry alliance

The Secretary shall annually solicit from the Industry Alliance—

(A)

comments to identify solid-state lighting technology needs;

(B)

an assessment of the progress of the research activities of the Initiative; and

(C)

assistance in annually updating solid-state lighting technology roadmaps.

(3)

Availability to public

(f)

Development, demonstration, and commercial application

(1)

In general

(2)

Preference

(g)

Cost sharing

(h)

Intellectual property

The Secretary may require (in accordance with section 202(a)(ii) of title 35, section 2182 of this title, and section 5908 of this title) that for any new invention developed under subsection (e)—

(1)

that the Industry Alliance participants who are active participants in research, development, and demonstration activities related to the advanced solid-state lighting technologies that are covered by this section shall be granted the first option to negotiate with the invention owner, at least in the field of solid-state lighting, nonexclusive licenses and royalties on terms that are reasonable under the circumstances;

(2)

(A)

that, for 1 year after a United States patent is issued for the invention, the patent holder shall not negotiate any license or royalty with any entity that is not a participant in the Industry Alliance described in paragraph (1); and

(B)

that, during the year described in subparagraph (A), the patent holder shall negotiate nonexclusive licenses and royalties in good faith with any interested participant in the Industry Alliance described in paragraph (1); and

(3)

such other terms as the Secretary determines are required to promote accelerated commercialization of inventions made under the Initiative.

(i)

National Academy review

(Pub. L. 109–58, title IX, § 912, Aug. 8, 2005, 119 Stat. 858.)

cite as: 42 USC 16192