Annual report pursuant to Section 13 and 15(d)

License Agreement

v2.4.0.6
License Agreement
12 Months Ended
Dec. 31, 2012
License Agreement  
Note 6. License Agreement

On January 15, 2009, the Company entered into an "Exclusive Patent and Know-How License Agreement Including Transfer of Ownership" with the Energy and Environmental Research Center Foundation, a non-profit entity (“EERCF”). Under the terms of the Agreement, the Company has been granted an exclusive license by EERCF for the technology to develop, make, have made, use, sell, offer to sell, lease, and import the technology in any coal-fired combustion systems (power plant) worldwide and to develop and perform the technology in any coal-fired power plant in the world. This agreement applies to the following patents:

 

· U.S Patent No. 7,435,286 “Sorbents for the Oxidation and Removal of Mercury” issued October 14, 2008.
· U.S. Patent No. 8,168,147 “Sorbents for the Oxidation and Removal of Mercury” issued May 1, 2012.
· U.S. Patent No. 8,173,566 “Process for Regenerating a Spent Sorbent” issued May 8, 2012.
· U.S. Patent No. 8,312,822 B2 “Mercury Control Using Moderate-Temperature Dissociation of Halogen Compounds” issued November 20, 2012.

 

The Company paid EERCF $100,000 in 2009 for the license to use the patents and at the option of the Company can pay $1,000,000 for the assignment of the patents after January 15, 2011 or pay the greater of the license maintenance fees or royalties on product sales for continued use of the patents.  The license maintenance fees are $100,000 due January 1, 2010, $150,000 due January 1, 2011 and $200,000 due January 1, 2012 and each year thereafter.  The running royalties are $100 per one megawatt of electronic nameplate capacity and $100 per three megawatt per hour for the application to thermal systems to which licensed products or licensed processes are sold by the Company, associate and sublicensees. Running royalties are payable by the Company within 30 days after the end of each calendar year to the licensor and may be credited against license maintenance fees paid.  There were no royalties due for 2012 or 2011.

 

The Company is required to pay EERCF 35% of all sublicense income received by the Company, excluding royalties on sales by sublicensees. Sublicense income is payable by the Company within 30 day after the end of each calendar year to the licensor. This requirement ends at the time the Company pays $1,000,000 for the assignment of the patents. There was no sublicense income in 2012 or 2011.

 

License costs capitalized as of December 31, 2012 and 2011 are as follows:

 

    2012     2011  
             
License   $ 100,000     $ 100,000  
Less: accumulated amortization     23,529       17,647  
License, net   $ 76,471     $ 82,353  

 

The Company is currently amortizing its license to use EERCF’s patents over their estimated useful life of 17 years when acquired.  During the period ended December 31, 2012 and 2011, amortization expense charged to operations was $5,882 and $5,883, respectively.  Estimated amortization for each of the next five years is approximately $5,900.