What is a CRADA?
(from USAMRIID webby check out the part on royalties)
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)
Scientist requests 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)
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