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The last paragraph in the sixth section of Appendix 3 should provide that BP will not acquire any background rights to any type of IP created before the start of any BP funded project, except through explicit disclosure and negotiation asserting terms which are normal for any arm’s length License with a company which has not participated in the creation of such background rights. In many cases it would be likely federal money was involved and thus federal terms will apply.

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In some instances, certain background intellectual property may be required to use or practice an Invention developed under the program.
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