Extramural Relationships • Potential Marketing Opportunities
— Technology Transfer —
Technology
Transfer (T2) is a collaborative process from which
all participants can benefit. The evolution of T2 since 1980
has made it increasingly easier for USAMRIID laboratory scientists
to bring funding, personnel, information, and resources into
the USAMRIID community from outside sources through participation
in the process. Outside sources may also realize these same benefits
from the Command although government funding is strictly limited
to specific arrangements when they participate in the process.
Mechanisms: USAMRIID
is an important partner with academia, industry, and other eligible
entities in this process and utilizes a number of mechanisms for
establishing the essential collaborative relationship.
Critical
Components in Technology Transfer
- Cooperative Research and Development Agreements (CRADAs)
- Material Transfer Agreements (MTAs)
- Patent licenses
- Technical meetings
- Information dissemination/collegial interchange
- Cooperative agreements
Cooperative Research and Development efforts, especially CRADAs, have the greatest
potential for long-term payoff of any T2 mechanism. They allow
USAMRIID scientists to better understand the technology needs of
the commercial sector and facilitate a reverse flow of ideas, resources,
and funds into the laboratories and are the linchpins of the Command’s
technology transfer program.
What is a CRADA?
A CRADA is an agreement between one or more federal laboratories
and one or more nonfederal parties under which the laboratories
provide personnel, facilities, or other resources and the nonfederal
parties provide funds, personnel, services, facilities, equipment,
or other resources to conduct specific research or development
efforts that are consistent with the laboratory’s mission.
Steps:
- USAMRIID scientist finds a prospective partner and works out a draft statement of work (SOW)
- Scientistrequests a CRADA from USAMRIID's Office of Research and Technology Applications (ORTA) via
a Request for CRADA Preparation Form, including approval signature from department and division heads
- ORTA prepares draft CRADA and obtains legal review from U.S. Army Medical Research and Materiel
Command (USAMRMC)
- ORTA sends draft CRADA to prospective partner and negotiates terms and conditions
- ORTA obtains approval from laboratory commander/director and initiates USAMRIID and the Department
of the Army review (normally routine)
- CRADA signed by laboratory commander/director
Attributes:
- The heart of a CRADA is the SOW
- The government cannot provide funds to a nonfederal entity—other mechanisms exist for that purpose
- Intellectual property (IP) rights in existence prior to a collaboration
are retained by the provider, while
any rights to newly created IP are negotiated
on a case-by-case basis subject to applicable law and regulation
What is an MTA?
An
MTA is a short-form CRADA solely for the provision of materials
and information between a laboratory and a nonfederal party. No
collaboration is contemplated.
What is a Patent License?
A
patent license is a contractual agreement between a licensor (IP
owner) and a licensee granting the licensee the right to use or
develop the IP in exchange for a royalty fee.
Attributes:
- U.S. industry/small businesses preferred
- Can be exclusive, nonexclusive (preferred), for specific field of use, or a specific
geographic area
- Substantial royalties return to the laboratory
- Licensee must present plans to commercialize the invention
- Government obtains a nonexclusive, royalty-free, worldwide license
- Subject to conflict-of-interest rules
Royalty Income Use
The
inventor receives the first $2,000 and 20% thereafter up to $150,000/year
of any royalties/payments resulting from commercial licensure.
The USAMRIID laboratory receives the residual income to:
- Reward laboratory employees, including inventors of technology regardless of whether it has commercial application
- Further scientific exchange among laboratories
- Educate and train USAMRIID employees
- Pay the expenses incidental to the administration and licensing of inventions
- Support T2 marketing activities
What is a Dual-Use Science and Technology (DUST) Program?
It
is a Department of Defense (DoD) program that is a pillar of T2,
as it promotes technologies that have both military utility and
sufficient commercial potential to support a viable industrial
base. One of the main focus areas of the DoD program is directed
at medical and bioengineering technologies.
Requirements:
- Dual-use technology
- Competitive
- Non-procurement agreement (cooperative agreement or other transaction)
- Cost share (50% partner/25% DoD/25% Army)
Legislative History
1980
- Stevenson-Wydler Technology Improvement Act
- Established T2 as government mission
- Established Offices of Research and Technology Applications
- Bayh-Dole Patent and Trademark Amendments Act
- Permitted
universities, not-for-profit organizations, and small businesses
to obtain title to inventions developed with government support
1986
- Federal Technology Transfer Act
- Authorized CRADAs
- Authorized laboratory invention and intellectual property rights to be granted and waived
- Required patent license royalties to be shared with government employee inventors
1989
- National Competitiveness Technology Transfer Act
- Essentially
extended the same T2 and CRADA authorities to Government-Owned
Contractor-Operated laboratories
1995
-
Technology Transfer Improvement Act of 1995
- Guaranteed
private companies the option of choosing an exclusive license
for an invention
created under a CRADA
For more information please contact:
U.S. Army Medical Research Institute of Infectious Diseases
Office of Research & Technology Applications
Phone (commercial): 301-619-9835
Phone (DSN): 343-9835
Fax: 301-619-5118
Mailing address:
USAMRIID
Attn: MCMR-UIZ-M
1425 Porter Street
Fort Detrick, MD 21702-5011
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