Determination of Exceptional Circumstances (DECs)

DETERMINATION OF EXCEPTIONAL CIRCUMSTANCES (DEC) UNDER THE BAYH-DOLE ACT

Rights to inventions that Contractors conceive or first actually reduce to practice in performance of work under a funding agreement ("subject inventions") are governed by Bayh- Dole and the federal regulations that implement Bayh-Dole.

In accordance with 37 C.F.R. § 401.3(e), the patent rights provided by Bayh-Dole may be modified to better promote the objectives of the Act when an agency determines that "exceptional circumstances" exist. DOE makes the following DECs, including a supporting statement of facts and analysis.

DOE has issued several DECs over the past several years, including:

CURRENT LIST OF DECs 

1) DEPARTMENT OF ENERGY DETERMINATION OF EXCEPTIONAL CIRCUMSTANCES UNDER THE BAYH-DOLE ACT TO FURTHER PROMOTE DOMESTIC MANUFACTURE OF DOE SCIENCE AND ENERGY TECHNOLOGIES 

2) DETERMINATION OF EXCEPTIONAL CIRCUMSTANCES UNDER THE BAYH-DOLE ACT FOR QUANTUM INFORMATION SCIENCE TECHNOLOGIES 

3) DETERMINATION OF EXCEPTIONAL CIRCUMSTANCES UNDER THE BAYH-DOLE ACT FOR THE OFFICE OF CYBERSECURITY, ENERGY SECURITY, AND EMERGENCY RESPONSE  

4) DETERMINATION OF EXCEPTIONAL CIRCUMSTANCES UNDER THE BAYH-DOLE ACT FOR DETERMINATION OF EXCEPTIONAL CIRCUMSTANCES UNDER THE BAYH-DOLE ACT FOR ENERGY EFFICIENCY, RENEWABLE ENERGY, AND ADVANCED ENERGY TECHNOLOGIES ENERGY EFFICIENCY, RENEWABLE ENERGY, AND ADVANCED ENERGY TECHNOLOGIES 

5) DETERMINATION OF EXCEPTIONAL FOR SOLID STATE ENERGY CONVERSION ALLIANCE (SECA) PILOT PROGRAM 

6) DETERMINATION OF EXCEPTIONAL CIRCUMSTANCES FOR WORK PROPOSED UNDER THE SOLID STATE LIGHTING PROGRAM (SSL)

7)  DETERMINATION OF EXCEPTIONAL CIRCUMSTANCES FOR STEEL AND METALS INITIATIVE

8) DETERMINATION OF EXCEPTIONAL CIRCUMSTANCES FOR 1) STORAGE AND DISPOSAL NUCLEAR WASTE, 2) URANIUM ENRICHMENT, 3) SENSITIVE TECHNOLOGY 

9) DETERMINATION OF EXCEPTIONAL CIRCUMSTANCES FOR THE BATTELLE MEMORIAL INSTITUTE SUBCONTRACT FOR THE MANAGEMENT AND OPERATION OF DOE PANTEX PLANT

10)  DETERMINATION OF EXCEPTIONAL CIRCUMSTANCES FOR EPRI AND GRI UTILITIES MOU