Material Transfer Agreement License

For simple transfers without intellectual property, the NIH recommends a simple matching agreement. For materials that can be patented or for which increased protection is desired, the Uniform Biological Material Transfer Agreement (UBMTA) can be used. Many U.S. educational institutions have signed the UBMTA Masteragrement. [2] AUTM (formerly the Association of University Technology Managers) serves as a repository for UBMTA`s original master`s contracts and keeps the list of signatories. [3] UBMTA signatories must only sign a letter of execution containing the details of each transfer, since they have already agreed to all the terms of the master contract. The sharing of materials between academics is generally less problematic than transfers between industry and science, not least because the cultures and motivations of the different institutions involved in the exchanges are similar. In the United States, most universities transfer materials for academic research without authorization or notification. These transfers are often made with the nIH-UBMTA9, the NIH Simple Letter Agreement or an equivalent benign agreement.

The UBMTA contains a very narrow definition of the material to be transferred and the agreement does not give a supplier rights to « original material, descendants and unaffected derivatives. » This narrow definition and the absence of « penetration » of new materials and research results are the hallmarks of university-to-university agreements that greatly facilitate these transfers. From the university`s point of view, the main stumbling block is often the requirement of « reach through » rights for inventions resulting from the use of a company`s materials. Like Monsanto, many companies claim the right to a first refusal of a license for discoveries or inventions. Candace Voelker, of the Office of Technology Transfer at the University of California, said this had only recently become a common practice. « It is only in the last 5 years that companies have implemented rights to their materials. Before, they gave the materials to the university faculty without these cords being attached, and it was not that common. The emphasis on exclusivity is about universities, Leonard said. « If you give a company an option in exchange for a search tool, you can only sell that horse once; If the research project needs another tool that requires an exclusive license, you have a serious problem on your hands. If you would like to discuss material transfer issues, please contact Howard G.