OTT Cooperative and Development Research Agreements (CRADA)
What Is A CRADA?
CRADAs are formal research and development agreements of
limited duration and scope between PHS investigators and
their colleagues from industry, academia, and elsewhere
(for example, from other Federal agencies, State and local
governments, and non-profit and not-for-profit institutions.)
In order to meet the standards of a CRADA, there must be
an intellectual contribution from all parties to the agreement.
This contribution can take the form of sole-source materials
or instrumentation, as well as so-called "know-how," itself. CRADAs are a primary mechanism by which Government
scientists can leverage their own research resources. In
turn, their partners may do likewise, while collaborating
in state-of-the-art PHS research.
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The Purpose of CRADAs
The purpose of a CRADA is to make available Government facilities,
intellectual property, and expertise for collaborative interactions
that lead to useful, marketable products that benefit public
health. Under a fully executed CRADA, the NIMH investigator's
laboratory can receive a variety of benefits in addition
to intellectual collaboration. Specifically, the collaborator
may provide monies, materials, equipment, and personnel
to the investigator's laboratory. In turn, the investigator's
laboratory may provide materials and personnel to the collaboration,
but cannot provide funding to the collaborator. The largest
benefit to the collaborator is that it may obtain a first
option for licensing of patents which result from the CRADA.
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When To Use A CRADA
Because CRADAs involve patent rights, these rights must
properly be considered before any outside collaborations
and/or exchange of materials between NIMH and other parties
are undertaken.
To protect these rights, the NIMH Technology Transfer Office
should also be consulted at an early stage of collaboration
by the NIMH investigator to assist in identifying and developing
the proper documents and obtaining the required approvals
for research to proceed.
A CRADA is used when the following circumstances obtain:
1. A cooperative research and development project between
a Government scientist and a scientist from the private
sector is contemplated.
2. The exchange of material and/or research and development
collaboration takes place over a substantial period of time.
3. Staff or equipment is to be supplied by one or more parties;
or,
4. the non-Federal partner contributes funding or requests
the granting of intellectual property rights.
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When To Use A Materials CRADA
A CRADA may also be necessary in instances where, for example,
a company is providing an otherwise non-available material
and requests an option to exclusively license intellectual
property arising from the research. The PHS Model Materials
CRADA, available elsewhere on this web site, specifically
addresses this issue. A Materials CRADA is limited in its
term and scope and does not permit the provision of personnel
to carry out the subject research project in the Federal
laboratory.
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Finding A CRADA Partner
To begin a CRADA, a potential partner may first contact
a NIMH scientist with whom it would like to collaborate.
Alternatively, a Government scientist may choose a CRADA
collaborator. In this instance, a competitive process is
generally not required, except under limited circumstances
pursuant to PHS "fair access" guidelines. NIMH
may, however, choose to compete a CRADA when interested
parties are unknown or the technology/project is such that
competition is in the Government's and public's best interests.
An announcement may be placed in the Federal Register or
Commerce Business Daily with a selection made known to the
responding parties. If appropriate, the Institute may establish
an ad hoc evaluation committee to review submissions.
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How
and When To Use CRADAs - page 2 >>>
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