When do I use an MTA or a CRADA?

An MTA generally is utilized when any proprietary material and/or information is exchanged, when the receiving party intends to use it for his/her own research purposes, and when no research collaboration between scientists is planned. Neither rights in intellectual property nor rights for commercial purposes may be granted under this type of agreement. MTAs define the terms and conditions under which the recipients of materials, provided by either the PHS scientist or the other party, may use the materials. Included in the MTA are the requirements that the materials be used for research purposes only and that the materials cannot be used in human subjects. The PHS also requires that all materials received by their scientists originating from humans be called under 45 CFR 46 Protection of Human Subjects.

A CRADA generally is utilized when a cooperative R&D project between the PHS and a scientist from the private sector is contemplated; when the exchange of material and/or research and development collaboration takes place over a substantial period of time; when staff or equipment is to be supplied by one or more parties; or when the industrial partner contributes funding or requests the granting of intellectual property rights. A CRADA may also be necessary in instances where a company is providing an otherwise non-available material to the PHS and requests the transfer of intellectual property rights in the result of associated research. The model MTA specifically addresses this issue and recommends the use of a CRADA for exchange of unique research materials only, therefore providing a mechanism for securing intellectual property rights.

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