Intellectual Property

It is expected that originating parties will have taken initial steps to secure intellectual property protection before their involvement with the NCL. To share and safeguard Research Material and proprietary information, the NCL's Assay Cascade collaborations with extramural researchers and vendors will normally be conducted under a Material Transfer Agreement (MTA). The MTA permits the collaborative exchange of materials and associated information between NCL and the originating party(s) without the promise of resulting intellectual property. However, if technology is developed at the NCL during the course of the collaboration and NCI does file a patent application, the originating party will be given the opportunity to negotiate for a nonexclusive license under procedures set forth in 37 CFR Part 404.

By exception, Assay Cascade collaborations can be conducted under a Cooperative Research and Development Agreement (CRADA) with the National Cancer Institute. Under the CRADA, the originating party is provided an exclusive or co-exclusive option to negotiate an exclusive or co-exclusive license to inventions conceived or first actually reduced to practice under the CRADA.

Non-Assay Cascade collaborations are conducted under a contractor Cooperative Research and Development Agreement (cCRADA) with Leidos Biomedical Research, Inc. Leidos Biomed. is the Operations and Technical Support Contractor for the Frederick National Laboratory for Cancer Research and operates the NCL. Similarly, the cCRADA allows industry partners to obtain exclusive or non-exclusive license rights to any technology developed at NCL.

Material Transfer Agreement

The National Cancer Institute (NCI) Nanotechnology Characterization Laboratory (NCL) has been designed to investigate the use of nanoparticulate material for the advancement of cancer research. This Material Transfer Agreement (MTA) permits the exchange of materials and associated information between NCI and the party providing these materials.

NCL's Material Transfer Agreement (MTA)

Confidential Disclosure Agreement

All information submitted to the NCL as part of the Assay Cascade application process is kept confidential. However, NCL will sign a Confidential Disclosure Agreement (CDA) prior to submission of an application if desired. NCL will also execute a CDA in advance of any teleconference or webconference where proprietary information will be discussed.

NCL’s Confidential Disclosure Agreement

Kathy Higinbotham in NCI's Technology Transfer Center can answer questions regarding the MTA, CDA, or other intellectual property concerns for NCL Assay Cascade collaborations.

Kathleen Higinbotham, MS, MBA
Technology Transfer Specialist
NCI Technology Transfer Center
8490 Progress Drive
Frederick, MD 21701
Phone: 301-624-1240
E-mail: higinbok@mail.nih.gov

Contractor Collaborative Research And Development Agreement

cCRADAs will be individually negotiated between Leidos Biomedical Research and interested parties. A template cCRADA is included below for reference and more information is available here. For questions or to request additional information, please contact us or fill out the form on this page.

Leidos Biomedical Research’s cCRADA