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

Under the Bayh-Dole Act, 35 U.S.C. §§ 200-12 ("Bayh-Dole"), Federal agencies may determine that "exceptional circumstances" exist such that a modification in the patent rights disposition provided under the Act would better promote its objectives.