Patent Information: Technology Transfer Mechanisms
Technology Transfer Mechanisms at a Glance
Adapted from materials created by the Federal Lab Consortium (FLC), "The Hunt for Technology"
|Informal information exchanges freely made between and among colleagues||Common examples include:
Be sure to avoid premature disclosure of proprietary data or information that may be the subject of a patent application by consulting first with the NIMH Technology Transfer Office.
|Confidential Disclosure Agreements (CDAs)||A CDA is an agreement between two or more parties to protect from disclosure information identified as "confidential."||"Confidential" information is information clearly identified as such that
The agreement is binding on the party receiving the information, usually for a term of 3 to 5 years.
|Cooperative Research and Development Agreements (CRADAs)||A CRADA is an agreement between one or more Federal laboratories and non-Federal parties under which the Government, through its laboratories, provides personnel, facilities, or other resources (but never funds to the non-Federal organization(s).|
In turn, the non-Federal 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.
|Patents....||A patent is a contract between the Government and an inventor whereby, in exchange for the inventor's complete disclosure of the invention, the Government gives the inventor the right to exclude others from making, using, or selling the invention.|
In order to patent their work, inventors need to be aware of " prior art" and "barring events." Specifically, anything that has been used in public, offered for sale or sold, or published by anyone anywhere in the world before the inventor made the invention, or more than one year before a US patent application is filed, is "prior art" for that application. It may also constitute a "barring event" because, if a year passes between one of these events and the date when a patent application is filed on the invention, the inventor is barred from patenting the invention.
While the inventor's own publications made within a year prior to a US patent application do not prevent obtaining a US patent, they do prevent foreign patents from being obtained.
|Principal characteristics are below:
|Licensing from the Government to the Private Sector||Licensing is the transfer of less-than-ownership rights in intellectual property to third parties to allow them to use intellectual property.||Characteristics include:
In any case, licenses are subject to conflict-of interest considerations. Moreover,
|Licensing from the Private Sector to the Government||Licensing is the transfer of less-than-ownership rights in intellectual property to a third party, thus permitting it to use same.||Features include: